She (18) said: I granted asylum to two of my brothers-in-law, but my brother 'Ali wanted to kill them. I went to the Messenger of Allah (may Allah bless him and grant him peace) and said: O Messenger of Allah, I have granted asylum to two of my brothers-in-law, and my brother, the son of my mother, 'Ali, claims he will kill them. The Prophet (may Allah bless him and grant him peace) said: "We have granted asylum to whom you granted asylum, or we have secured whom you secured, O Umm Hani'." Agreed upon (19). That is why the Prophet (may Allah bless him and grant him peace) ordered the killing of four, of whom Ibn Khatal and Miqyas ibn Subaba were killed; this indicates that it was conquered by force. The second opinion is that it is permitted to sell its real estate and rent its houses (20). This has been narrated from Tawus and 'Amr ibn Dinar. This is the opinion of Al-Shafi'i and Ibn al-Mundhir. It is the clearer (argument) in terms of evidence, because when the Prophet (may Allah bless him and grant him peace) was asked, "Where shall we alight tomorrow?" he said: "Did 'Aqil leave any real estate for us?" Agreed upon (21). This means that 'Aqil sold the real estate of Abu Talib, for he inherited it to the exclusion of his brothers because he was on his religion while they were not. If it were not owned, 'Aqil's sale would have had no effect. Furthermore, the companions of the Prophet had houses in Makkah, such as Abu Bakr, Al-Zubayr, and Hakim ibn Hizam,
= from the Book of Hajj, Sahih Muslim 2/988, 989. It was also recorded by Abu Dawud, in: The chapter on the sanctity of the Haram of Makkah, from the Book of Manasik, Sunan Abi Dawud 1/465; and by Al-Darimi, in: The chapter on the prohibition of found property of the pilgrim, from the Book of Sales, Sunan al-Darimi 2/265; and by Imam Ahmad, in: Al-Musnad 2/238. (18) Omitted from M. (19) Recorded by Al-Bukhari, in: The chapter on praying in a single garment..., from the Book of Prayer; and in: The chapter on the security granted by women and their protection, from the Book of Jizya; and in: The chapter on what has been said regarding "they claim", from the Book of Etiquette, Sahih al-Bukhari 1/100, 4/122, 8/46; and by Muslim, in: The chapter on the recommendation of the Duha prayer..., from the Book of the Traveler's Prayer, Sahih Muslim 1/498. It was also recorded by Al-Tirmidhi, in: The chapter on what has been said regarding the security granted by a slave or a woman, from the Chapters of Military Expeditions, 'Aridat al-Ahwadhi 7/75. (20) In the original manuscript: "its dwellings". (21) Recorded by Al-Bukhari, in: The chapter on the inheritance and sale of the houses of Makkah..., from the Book of Hajj, Sahih al-Bukhari 2/181; and by Muslim, in: The chapter on alighting in Makkah for the pilgrim..., from the Book of Hajj, Sahih Muslim 2/984. It was also recorded by Abu Dawud, in: The chapter on Al-Tahsib, from the Book of Hajj, Sunan Abi Dawud 1/463; and by Ibn Majah, in: The chapter on the inheritance of the people of Islam, from the Book of Shares, Sunan Ibn Majah 2/912.
