ʿUbayd Allah ibn ʿAbd Allah ibn ʿUtbah ibn Masʿud reported from ʿAʾishah (may Allah be pleased with her), who said: “The final instruction given by Allah’s Messenger (peace and blessings be upon him) was that he said: ‘No two religions shall remain in the Arabian Peninsula.’”

Umar expelled the dhimmīs—protected non-Muslim subjects—from the Hijaz and stipulated that any of them who came as a merchant or craftsman could stay for three days, after which he was required to leave. This became the established practice, and the ruling was settled accordingly.

The dhimmīs are therefore prohibited from settling permanently in the Hijaz, though they may enter it. None of them may remain in any one place there for more than three days. Once that period has elapsed, he is to be removed from that place. He may then stay in another place for three days, after which he is to be moved on to another. If he remains in any one place for more than three days, he is subject to discretionary punishment and is not considered excused.

The second ruling is that they may not bury their dead there. If any have been buried there, they are to be transferred elsewhere, because burial there is permanent and thus akin to permanent settlement. However, if the distance involved in removing them is considerable and their bodies would decompose if they were exhumed, then, owing to the necessity, it is permissible for them to be buried there.

The third ruling is that the City of the Messenger (peace and blessings be upon him) has a protected sanctuary between its two lava tracts. It is forbidden to drive away its game or cut down its trees, just as in the sacred precinct of Mecca.

The fourth ruling is that the Hijaz was conquered exclusively by Allah’s Messenger (peace and blessings be upon him), and it is divided into two parts. The first consists of the charitable endowments of Allah’s Messenger, which he acquired by virtue of his two entitlements. His two entitlements were one-fifth of the fifth from the fayʾ and from the spoils of war.

As for the four-fifths of the fayʾ that the Muslims did not acquire by charging horses or camels against it, did it belong to Allah’s Messenger and constitute a rightful entitlement of his? There are two opinions. The first is that it was his rightful entitlement. Abu Bakr mentioned this in his book of exegesis, under Sura al-Hashr, saying: “Allah designated whatever the Muslims did not acquire by charging horses or camels as belonging exclusively to His Messenger, to the exclusion of everyone else, and did not assign anyone else a share in it.”