it is permissible, even if the stay in all of them amounts to a month. If he dies in the Hijaz, he is to be buried there because transporting him is difficult, and if it is permissible for the sick to stay, then the burial of the deceased is even more appropriate.
Section: As for the Haram (Sacred Precinct), it is not permissible for them to enter it under any circumstances. This is the view of al-Shafi'i. Abu Hanifa said: They may enter it just like the rest of the Hijaz, provided they do not settle there. They are allowed to enter the Kaaba, and the prohibition (53) against settling does not prevent entry and conducting business, just as in the Hijaz. Our evidence is the statement of God Almighty: {Indeed, the polytheists are unclean, so do not let them approach the Sacred Mosque after this year of theirs} (54). What is intended by it is the Haram, as evidenced by His saying: {And if you fear impoverishment} (54), meaning: harm from the delay of trade goods reaching the Haram rather than the mosque specifically. It is permissible to call the Haram the "Sacred Mosque" (al-Masjid al-Haram), evidenced by God Almighty's saying: {Exalted is He who took His Servant by night from the Sacred Mosque to the Distant Mosque} (55), yet he was taken on the night journey from the house of Umm Hani, which was outside the mosque. It differs from the Hijaz because God Almighty prohibited them from it (56) while permitting them in the Hijaz; for this verse was revealed while the Jews were in Khaybar, Medina, and other parts of the Hijaz, and they were not prohibited from staying there, and the first to expel them was Umar, may God be pleased with him (57). Also, because the Haram is more noble due to the rituals connected to it, and its game, its trees, and those who take refuge in it are protected, so nothing else can be compared (59) to it. If a disbeliever wishes to enter it, he is prevented. If he has provisions or trade goods with him, someone shall go out to him to buy from him, and he himself is not permitted to enter. If he is an envoy to an authority figure in the Haram, someone shall go out to him to hear his message and convey it to him. If he says, "I must meet the authority figure," and there is a benefit in that, the authority figure shall go out to him and not grant him permission to enter. If he enters the Haram while aware of the prohibition, he shall be disciplined (ta'zir), and if he enters while ignorant, he shall be warned and threatened. If he falls ill in the Haram (56) or dies, he shall be taken out and not buried there because the sanctity of the Haram is greater.
(53) In the original: "and the prohibition is not". (54) Surah al-Tawbah: 28. (55) Surah al-Isra: 1. (56) Omitted from: B. (57) Recorded by Imam Malik, in: The Chapter on the expulsion of the Jews from Medina, from the Book of Al-Jami'. Al-Muwatta 2/893; Al-Bayhaqi, in: The Chapter: A polytheist shall not inhabit the land of the Hijaz, from the Book of Jizya, Al-Sunan al-Kubra 9/208; and Abd al-Razzaq, in: The Chapter on the expulsion of the Jews from Medina, from the Book of the People of the Book, Al-Musannaf 6/55, 56. (58) In A and B: "and the prohibition of". (59) Omitted from: M.