In the report transmitted by Ṣāliḥ—when he asked him, “What is your view on purchasing houses in Makkah?”—he replied, “I do not approve of it. There are many prohibitions concerning it, and some people interpret the verse as meaning, ‘whether resident therein or visitor.’”
In the report transmitted by Abū Ṭālib, he said, “Houses in Makkah are not to be leased, except when payment is made for safeguarding one’s belongings.” He was then asked, “Did ʿUmar not purchase a house for use as a prison?” He replied, “He purchased it for the Muslims, so that evildoers could be imprisoned therein.” He was asked, “If a man resides there, should he not pay them rent?” He replied, “He should not leave until he pays them. I dislike paying a cupper’s fee, but I pay him his wage; nevertheless, it is not proper for them to take it.”
Elsewhere, in the questions of Abū Ṭālib, he was asked about leasing houses in Makkah, and he replied, “He only disapproved of this with respect to courtyards and large houses.” Thus, his initial statement prohibited leasing them for habitation altogether, while permitting payment for the safekeeping of belongings, since the payment would be in return for safekeeping. He then said, “If he resides there, he should pay them, but they should not take it,” because he held that leasing them was impermissible. His later statement—“He only disapproved of this with respect to courtyards and large houses”—does not mean that he approved of leasing houses to those who needed to reside in them. Rather, such people did not lease them; only the large houses were leased. He directed his statement to this distinction for that reason.
In the report transmitted by Jaʿfar ibn Muḥammad, he said, “Purchasing houses in Makkah is disliked.” They cited as evidence the fact that ʿUmar purchased a prison house, which served a public benefit for the Muslims.
In the report transmitted by Ibn Manṣūr—when he asked him, “Do you disapprove of the rental income from houses in Makkah, of purchasing them, and of building in Minā?”—he replied, “I reject leasing. As for purchasing, ʿUmar purchased a house for use as a prison. As for building, I disapprove of it.” The apparent meaning of this report is that he disapproved of leasing while permitting purchasing. However, this is not its intended meaning, since he said in the report transmitted by his son Ṣāliḥ—when asked, “What is your view on purchasing houses in Makkah?”—“I do not approve of it.” He likewise said in the report transmitted by Jaʿfar ibn Muḥammad, “Purchasing and selling its houses are disliked.” Thus, he equated purchasing and selling in his disapproval of them. His statement in the report of Ibn Manṣūr—“As for purchasing, ʿUmar purchased [a house]”—means that he purchased a house for use as a prison.
He clarified this in the report transmitted by Abū Ṭālib, saying, “He purchased it for the Muslims.” He did not thereby intend to establish the unrestricted permissibility of purchasing such houses. It is also possible that ʿUmar purchased the structure of a prison and that this was called a house, just as one says, “So-and-so sold his house,” when he sold it outright.
Elsewhere, in the questions of Ibn Manṣūr, regarding a man who resides in Makkah for rent, he said, “If he can avoid paying them, let him do so,” because he held that leasing them was impermissible. His statement, “If he pays them, he is not sinful,” is because the permissibility of doing so is disputed.
In the report transmitted by al-Athram and Ibrāhīm ibn al-Ḥārith, he said, “I do not approve of rental income from houses in Makkah.” Sufyān was mentioned to him as someone who would rent a house, then leave without paying them, so he denounced this and said, “Glory be to Allah! How can this be?”