in all cases, whether humans planted it or it grew by itself, due to the generality of his (peace be upon him) statement: "Its trees are not to be cut." This is also because it is a tree growing in the Sanctuary, making it similar to that which was not planted by humans. Abu Hanifah said: There is no penalty for what humans plant in terms of species, such as walnuts, almonds, palms, and the like, and it is not obligatory for what humans plant of other things, such as the wild lotus, the acacia, and thorny trees (2); because the Sanctuary’s prohibition is specific to wild game, and trees are likewise. Al-Khiraqi’s statement: "And what humans planted" allows for the interpretation that it is specific to crops rather than trees, in which case it is like the opinion of al-Shafi'i. It also allows for the interpretation that it encompasses everything that is cultivated, thus including trees, and it may also mean what humans plant of the same species. The better approach is to adopt the generality of the hadith concerning the prohibition of all trees, by his (peace be upon him) statement: "Its trees are not to be cut," except for what humans planted of their own tree species, by analogy to what they planted of crops and domestic animals, for we only excluded from the game what was originally tame, not what was domesticated from the wild; the same applies here.

Section: It is prohibited to cut thorns and the boxthorn (3). The Qadi and Abu al-Khattab said: It is not prohibited. This was narrated from 'Ata', Mujahid, 'Amr ibn Dinar, and al-Shafi'i, because it is harmful by nature, so it resembles predatory animals. Our evidence is the statement of the Prophet (may Allah bless him and grant him peace): "Its thorns are not to be cut (4)." In the hadith of Abu Hurayrah: "Its thorns are not to be plucked (5)." This is explicit. Furthermore, thorns are prevalent among the trees of the Sanctuary, so when the Prophet (may Allah bless him and grant him peace) prohibited cutting its trees, and thorns make up the majority of them, it was clear that it was prohibited.

Section: There is no harm in cutting dry wood from trees and grass, because it is in the position of something dead. And there is...