for them; do not aid them in what they are doing.
It is also reported from Muḥammad ibn al-Ḥakam that he was asked about a Muslim who, for a fee, digs a grave for dhimmīs. He answered, “There is no harm in that. The distinction is that a nāwūs is one of the distinctive hallmarks of their false religion—like a church—whereas an ordinary grave, in itself, involves no disobedience and is not specific to their creed.”
[On selling or leasing a house to a dhimmī]
Al-Khallāl said:
“Chapter: A man who leases his house to a dhimmī or sells it to him.”
He cited al-Marwazī, who recounted that Abū ʿAbd Allāh was asked about a man who sold his house to a dhimmī while the house contained prayer-niches. He exclaimed, “A Christian!” and deemed the matter grave, saying, “It is not to be sold when the bell will be tolled there and crosses will be erected inside. It must not be sold to unbelievers,” and he spoke harshly on the issue.
Abū al-Ḥārith likewise reported that Abū ʿAbd Allāh was asked about a man who sells his house, and
(1) See al-Naysaburi, Masaʾil al-Imam Ahmad, 2 / 30, question no. 1299.
(2) The reference is to Muhammad b. al-Hakam, Abu Bakr al-Ahwal, who heard legal questions directly from Imam Ahmad, was noted for his learning and sound understanding, and died before the Imam in 223 AH (838 CE). See Tabaqat al-Hanabila, 1 / 295, 404.
(3) Al-maharib (sing. mihrab) usually denotes the imam’s niche in a mosque, and can also mean a room or the front part of a house; see al-Qamus al-Muhit, 1 / 54 (root: H-B). Here it most likely refers to spaces set aside inside the home for voluntary prayer and for women’s prayer.
(4) The printed edition reads: fiha nasrani (“there is a Christian in it”).
(5) In manuscript A: yudrabu fiha al-naqus (“the bell is struck in it”).
(6) In manuscript T: wa tunsab (“and it is erected”).
(7) I incline to think the person meant is Ahmad b. Muhammad al-Saigh, Abu al-Harith; Imam Ahmad used to favor and honor him, and he transmitted many questions from the Imam. See Tabaqat al-Hanabila, 1 / 74–75, no. 59.