the sanctity of life is greater, so other matters cannot be analogized to it. Furthermore, the hadd of flogging acts as a form of discipline, so it is not prohibited, just as a master disciplining his slave is not prohibited. The former view is the apparent opinion in the words of al-Khiraqi, and it is the apparent position of the school (al-madhhab). Abu Bakr said: This is a matter I found attributed uniquely to Hanbal from his uncle, that all hadd punishments are carried out in the Haram except for killing. The established practice is that any criminal who enters the Haram is not subjected to the hadd punishment for his crime until he leaves it. If he violates the sanctity of the Haram by committing a crime within it, his own sanctity is violated by the execution of the hadd punishment upon him there. Malik, al-Sha'fi'i, and Ibn al-Mundhir said: The punishment is to be exacted upon him there, due to the generality of the command to flog the adulterer, cut the hand of the thief, and exact retaliation (qisas), without specifying one place over another. It has been narrated from the Prophet (may Allah bless him and grant him peace) that he said: "The Haram does not protect a sinner, nor a fugitive from blood money or homicide." Furthermore, the Prophet (may Allah bless him and grant him peace) ordered the killing of Ibn Khatal while he was clinging to the curtains of the Ka'bah. This is a hasan sahih (good and authentic) hadith. It is also because he is a creature whose blood is permitted due to his disobedience, so he is like a vicious dog. As for our evidence, it is the statement of...
= the Book of Military Expeditions (al-Maghazi). Sahih al-Bukhari 1/37, 5/190. And Muslim, in: The Chapter: 'The Prohibition of Makkah, its Game, and its Weeds...,' from the Book of Hajj. Sahih Muslim 2/987. And al-Tirmidhi, in: The Chapter: 'What has been narrated regarding the sanctity of Makkah,' from the Chapters on Hajj, and in: The Chapter: 'What has been narrated regarding the ruling on the guardian of the murdered person...,' from the Chapters on Blood Money. 'Aridat al-Ahwadhi 4/23, 6/177. And al-Nasa'i, in: The Chapter: 'The prohibition of fighting within it,' from the Book of Hajj Rites. al-Mujtaba 5/161. And Imam Ahmad in: al-Musnad 4/31, 32, 6/385. (2) Omitted from B and M. (3) Extracted by al-Bukhari, in: The Chapter: 'Muhammad ibn Bashar narrated to me...,' from the Book of Military Expeditions. Sahih al-Bukhari 5/190. And Muslim, in: The Chapter: 'The prohibition of Makkah and its game...,' from the Book of Hajj. Sahih Muslim 2/987, 988. And al-Tirmidhi, in: The Chapter: 'What has been narrated regarding the sanctity of Makkah,' from the Chapters on Hajj. 'Aridat al-Ahwadhi 4/23. And Imam Ahmad in: al-Musnad 6/385. (4) In B and M: "Hanzal". It is an error. (5) Extracted by al-Bukhari, in: The Chapter: 'Killing the prisoner,' from the Book of Jihad, and in: The Chapter: 'Where did the Prophet (may Allah bless him and grant him peace) plant the banner on the day of the Conquest,' from the Book of Military Expeditions. Sahih al-Bukhari 4/82, 5/188. And Muslim, in: The Chapter: 'The permissibility of entering Makkah without Ihram,' from the Book of Hajj. Sahih Muslim 2/989, 990. And Abu Dawud, in: The Chapter: 'Killing the prisoner...,' from the Book of Jihad. Sunan Abi Dawud 2/54, 55. And al-Tirmidhi, in: The Chapter: 'What has been narrated regarding the hauberk,' from the Chapters on Jihad. 'Aridat al-Ahwadhi 7/186. And al-Nasa'i, in: The Chapter: 'Entering Makkah without Ihram,' from the Book of Hajj Rites, and in: The Chapter: 'The ruling regarding the apostate,' from the Book of Blood Prohibition. al-Mujtaba 5/158, 7/97. And al-Darimi, in: The Chapter: 'Regarding entering Makkah without Ihram...,' from the Book of Hajj Rites, and in: The Chapter: 'How the Prophet (may Allah bless him and grant him peace) entered Makkah...,' from the Book of Sirah. Sunan al-Darimi 2/73, 221. And Imam Malik, in: The Chapter: 'Comprehensive section on Hajj,' from the Book of Hajj. al-Muwatta 1/423.
