The Haram is greater. It differs from the Hijaz in two respects: one, that his entry into the Haram is forbidden and his stay in it is forbidden, unlike the Hijaz. Second, his exit from the Haram is easy and possible due to the proximity of the Hill (the area outside the Sacred Precinct) to it, whereas his exit from the Hijaz while sick is difficult and impossible. If he is buried, he shall be exhumed and removed, unless it is difficult to remove him due to decomposition or fragmentation. If the Imam makes a peace treaty with them to enter the Haram for a compensation, the treaty is void. If they have already entered the place for which he made the treaty with them, the compensation shall not be returned to them, because they have received what he made the treaty for. If they reached only a part of it, only that portion of the compensation shall be taken. It is possible that it should be returned to them in any case, because what they received (60) has no value, and the contract did not obligate the compensation because it is void.
Section: As for the mosques of the Hill, they may not enter them without the permission of the Muslims, because Ali, may God be pleased with him, [saw a Magian while he was on the pulpit, and he had entered the mosque, so he descended, struck him, and drove him out through the gate of (61) Kindah] (62). If they are granted permission to enter them, it is permissible according to the correct view in the Madhhab, because the Prophet, peace and blessings of God be upon him, was approached by a delegation from the people of Ta'if, and he had them stay in (63) the mosque before their conversion to Islam (64). Sa'id ibn al-Musayyib said: Abu Sufyan used to enter the mosque of Medina (65) while he was still in his state of polytheism (66). Also, Umayr (67) ibn Wahb came and entered the mosque while the Prophet, peace and blessings of God be upon him, was in it, intending to assassinate him, but God blessed him with Islam (68). There is another narration that it is not permissible for them to enter it under any circumstances, because Abu Musa entered upon Umar, and he had with him a document in which the account of his work was written. Umar said to him, "Summon the one who wrote it so he may read it." He replied, "He cannot enter the mosque." He asked, "And why [can he not enter the mosque]?" He replied, "He is a Christian" (70). [This is a consensus among them that he may not enter the mosque] (69), and in it is proof of the fame of this ruling among them,
(60) In A and B: "they received". (61) In M: "gates". (62) Omitted from A and B. We did not find this report on this. (63) In M: "from". (64) Recorded by Abu Dawud, in: The Chapter: What has been said regarding the news of Ta'if, from the Book of Land Tax, Spoils of War, and Governance. Sunan Abi Dawud 2/146. (65) In A: "al-Hudaybiyah". This is an error. (66) The report appears in Sirat Ibn Hisham 2/397. (67) In B: "Umar". (68) Mentioned by Ibn Hisham, in Al-Sirah 1/662. (69) Omitted from M. (70) Recorded by Al-Bayhaqi, in: The Chapter: They shall not enter a mosque without permission, from the Book of Jizya; and in: The Chapter: It is not appropriate for a judge or a governor to appoint a Dhimmi judge, from the Book of Judicial Ethics (Adab al-Qadi). Al-Sunan al-Kubra 4/209, 10/127.