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Al-Mughni by Ibn Qudama - Edited by Al-Turki
Volume 6 · Page 366

Translation · EN

and Abu Sufyan, and the rest of the people of Makkah; some of them sold [their properties], while others left their houses, so they remained in the possession of their descendants. Hakim ibn Hizam sold Dar al-Nadwa, and Ibn al-Zubayr said to him (22): "You have sold the pride of the Quraysh." He replied: "O son of my brother, honors have departed except for piety," or as he said. Mu'awiyah bought two houses from him (23). 'Umar also bought the prison house from Safwan ibn Umayyah for four thousand [dirhams]. The people of Makkah continued to dispose of their houses as owners do, through sale and otherwise, and no one objected to it, so it became a consensus. The Prophet (may Allah bless him and grant him peace) confirmed it by attributing their houses to them, saying: "Whoever enters (24) the house of Abu Sufyan is safe, and whoever closes his door upon himself is safe" (25). He left them in their houses and properties, and he did not relocate anyone from their home, nor was there anything from him that indicates the nullification of their ownership. Likewise, the Caliphs after him [acted], to the extent that 'Umar, may Allah be pleased with him, despite his severity in upholding the truth, did not take the house for a prison (26) except through purchase. Because it is inhabited land upon which no prohibited charity has been imposed, it is permissible to sell it like all other land. The hadiths narrated to the contrary are weak. As for the fact that it was conquered by force, this is the correct view, which cannot be denied, except that the Prophet (may Allah bless him and grant him peace) left its people in their homes on their properties and estates; this indicates that he left it for them, just as he left the women and children for Hawazin. According to the first opinion, whoever occupies a house or dwelling is the one most entitled to it; he may dwell in it and allow others to dwell in it, but he does not have the right to sell it or take rent for it. Whoever needs a dwelling may pay rent for it, and if one needs to purchase it, one may do so, as 'Umar, may Allah be pleased with him, did. Abu 'Abd Allah [Ahmad ibn Hanbal] used to give them the rent when he stayed there. If he stayed for rent,

Notes

(22) Omitted from M. (23) Omitted from M. (24) In the original and M: "dakhil" (inside). The correction is from the sources of the hadith. (25) Recorded by Muslim, in: The chapter on the conquest of Makkah, from the Book of Jihad, Sahih Muslim 3/1408; and by Abu Dawud, in: The chapter on what has been said regarding the report of Makkah, from the Book of Leadership, Sunan Abi Dawud 2/144; and by Imam Ahmad, in: Al-Musnad 2/292, 538. (26) In M: "al-sijn".

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