Narrated Ibn ‘Abbaas (ra): On the Day of the Conquest of Makkah, the Prophet (ﷺ) said, "There is no more emigration (from Makkah), but Jihad and intentions, and whenever you are called for Jihad, you should go immediately. No doubt, Allah has made this place (Makkah) a sanctuary since the creation of the heavens and the earth and will remain a sanctuary till the Day of Resurrection as Allah has ordained its sanctity. Fighting was not permissible in it for anyone before me, and even for me it was allowed only for a portion of a day. So, it is a sanctuary with Allah's sanctity till the Day of Resurrection. Its thorns should not be uprooted, and its game should not be chased; and its luqatah (fallen things) should not be picked up except by one who would announce that publicly, and its vegetation (grass etc.) should not be cut." Al-`Abbaas said, "O Allah's Messenger (ﷺ)! Except theithkhir, (for it is used by their blacksmiths and for their domestic purposes)." So, the Prophet (ﷺ) said, "Except the ithkhir."
.
Commentary :
The emigration from Makkah to al-Madeenah was necessary for the believers at the beginning of Islam; it came as a victory for the religion, and as a form of protection for the Muslims. Hence, the Prophet ﷺemigrated, along with his Companions (ras).
In this hadeeth, ‘Abdullah ibn ‘Abbaas (ra) narrates that on the Day of the Conquest of Makkah - which occurred in the eighth year after Hijrah - the Prophet ﷺhad related that there is no more emigration from Makkah to al-Madeenah after the conquest; and that is because, in the beginning, the believers were ordered to flee from the persecution and abuse of the disbelievers; for fear that they would turn away from their religion and return to one of disbelief. As for after the conquest of Makkah and emergence of Islam, there was not a reason for them to return for an emigration, because the believers became secure in themselves, worshipping their Lord as He wills, when He wills, and wheresoever He wills. However, in reality, the rule for emigration remains for those who have embraced Islam in the abode of disbelief and cannot practice or believe in their religion openly and are able to leave from there. The Prophet ﷺthen said: “...Aside from combat and intentions.” That is to say: ‘...aside from: the possibility that you may have to repel the polytheists in battle, and an upright intention for the good; by which you may attain the virtues that are shared in the concept of the emigration that was required, so that you could separateyourself from the false group, that blackness does not increase over their hearts, and to uplift the Word of Allah and proclaim His religion.’ This sentence includes a prophecy from The Prophet ﷺproclaiming that Makkah will always remain an abode of Islam forever, because he ﷺnegated the emigration there after its conquest. This indicates the city of Makkah will not return to an abode of disbelief again since the religious emigration is always from a land of disbelief to an abode of Islam.
Then, The Messenger of Allah ﷺsaid: “...whenever you are called upon, you must take heed and go.” Meaning: ‘Whenever the leader summons you to a battle to fight the disbelievers, then take heed and set out with him.’
Afterwards, he ﷺstates that the venerable city of Makkah was made sacrosanct by Allah on the day He created the heavens and earth; and its sanctification is an ancient matter which came from a previous set of laws; and not from what the Prophet ﷺbrought forth nor is pertinent to his revelation. It is possible that the meaning is: rather, He created the land of Makkah at the time when He created Makkah sacred. This sanctity will continue until the Day of Resurrection and remain eternal thereafter. It is reported on the authority of ‘Abdullah ibn Zayd (ra) that the Prophet ﷺ said: “Verily, Ibraaheem (peace be upon him) declared that Makkah was sacred, and made supplication for its people.” [Saheeh al-Bukhaaree and Saheeh Muslim]. It is possible that there is a connection between these two hadeeths because its sanctity was established on the day that Allah, The Almighty, created the heavens and earth; then its sacredness was concealed and maintained as such until the time of Ibraaheem (peace be upon him). Then, He made it appear and made it known to others, not that He initiated its sanctity at that moment. Another possible interpretation is that the consecration was attributed to Ibraaheem (peace be upon him) in as much as he conveyed it, because The Lawgiver of every law and ruling is Allah, The Almighty; and His Prophets convey them. Moreover, just as they are attributed to Allah, The Almighty with respect to Him being the Lawgiver; it is attributed to the messengers because the laws are heard from them and are conveyed and made clear by their tongues.
The Prophet ﷺ then relates that fighting is not permissible within the Sacred Precinct for anyone before him ﷺ. Allah, The Mighty and Majestic had only designated that for him except that it was only for an hour of the day. Thereafter, the sanctity of Makkah returned just as it was. So it is, and always will be a holy place with Allah’s sanctity until the Day of Resurrection. There is a reason explaining this exception which has been narrated in Saheeh al-Bukhaaree and Saheeh Muslim, and that is due to: “some people from the Khuzaa‘ah tribe had killed a man from the tribe of Banee Layth during the Year of the Conquest of Makkah as an act of retaliation for someone they had killed. This incident was then reported to the Messenger of Allah (ﷺ). Thereupon, he (ﷺ)mounted his camel and delivered an address, saying: ‘Verily, Allah, The Mighty and Majestic held back the elephant from Makkah, and made His Messenger and believers prevail over them.” That is to say: ‘Allah prevented and safeguarded Makkah from the elephant of Abrahah al-Habashee who brought it along to destroy the Ka’bah. And He granted His Messenger, Muhammad, and His Companions (ras) the power to triumph over their dominion and overcome their people.’ Then, he ﷺ elaborated on the sanctity of this city further by saying: “its thorns shall not be severed”, i.e., ‘...shall not be cut.’ The mention of thorns is an indication that something else which does not cause harm is more likely, as this is something which specifically brings about harm. With that said, it is permissible to cut or uproot it, as seen by analogy when we compare it to the permissibility of killing the five noxious types of animals, all of which are pernicious in one form or another, in the Sanctuary of Makkah. In a narration transmitted in Saheeh al-Bukhaaree and Saheeh Muslim, a different wording in the hadeeth can be seen as follows: “..its shrubbery shall not be cut.” So, their branches may not be broken or cut.
“...and its game shall not be startled or caused to flee”, meaning, that its game shall not be driven away from its place or be bothered, and it is not permissible to hunt them.
“...and items which are lost and found (i.e., luqatah) may not be picked up by anyone, except by one who would announce it publicly.” So, one cannot use or acquire something which has been lost or left behind by somebody in Makkah as one can doat places other than Makkah; except by someone who announces it publicly and declares that he has it in his possession until its owner comes and retrieves it; and lastly, that the individual does not pick it up take it for the sake of ownership. The luqatah is something, such as lost money, which a person finds on the road and its owner is not known.
“...and its lush herbage shall be cut or removed.” Thus, its plants, its trees - whether they be old or young, nor the short, lush, and moist herbage should not be cut or uprooted.
Then, al-‘Abbaas, the narrator’s father (ras), urged that the Prophet ﷺto permit them to cultivate and use ithkhir, which is a broad-leaved herbaceous plant that belongs to the Poaceae couch grass family. It has a fragrant, lemony scent; and its flowers are used as an infusion in drinks, such as tea.
“..for it is utilized by their qayn.” The Arabic word: qayn, that is mentioned in this hadeeth means blacksmiths; and in the past, they used the ithkhir when kindling the fire. It was useful for them in burning it, without the need of using firewood, which is a scarce commodity in the desert. People also used it for roofing their homes, as well as their graves. The idea here being that the ithkhir was used for their homes during their life and death. Then, The Prophet ﷺresponded to him regarding that and permitted them to cultivate and use the blessed plant.
This hadeeth shows that Allah, The Almighty glorifies and venerates the honourable city of Makkah. And fighting therein is prohibited. And it shows that Makkah was conquered by force, not by peace..