عن أبي شُريح -خُوَيْلِدِ بن عمرو الخُزَاعي العدوي رضي الله عنه-: أنه قال لعمرو بن سعيد بن العاص -وهو يبعث الْبُعُوثَ إلى مكة- ائْذَنْ لي أيها الأمير أن أُحَدِّثَكَ قولا قام به رسول الله -صلى الله عليه وسلم- الغد من يوم الفتح؛ فسمعَتْه أُذُنَايَ ، وَوَعَاهُ قلبي، وأبصرته عيناي حين تكلم به أنه حمد الله وأثنى عليه، ثم قال: «إن مكة حَرَّمَهَا الله تعالى، ولم يُحَرِّمْهَا الناس، فلا يحل لِامْرِئٍ يؤمن بالله واليوم الآخر: أن يسفك بها دمًا، ولا يعضد بها شجرة، فإن أحد ترخص بقتال رسول الله -صلى الله عليه وسلم- فقولوا: إنَّ الله أذِن لرسوله ولم يأذن لكم. وإنما أذِنَ لي ساعة من نهار، وقد عادت حُرْمَتُهَا اليوم كَحُرمتها بالأمْسِ، فَلْيُبْلِغِ الشَّاهِدُ الغائب». فقيل لأبي شريح: ما قال لك؟ قال: أنا أعلم بذلك منك يا أبا شريح، إن الحرم لَا يُعِيذُ عاصيا، وَلَا فَارًّا بدمٍ، ولَا فَارًّا بِخَرْبَةٍ.
[صحيح.] - [متفق عليه.]
المزيــد ...

Abu Shurayh Khuwaylid ibn `Amr al-Khuzaa`i al-`Adawi, may Allah be pleased with him, reported that he said to `Amr ibn Sa`eed ibn al-`Aas, when the latter was sending troops to Makkah (to fight `Abdullah ibn az-Zubayr): "O Commander, allow me to tell you what the Messenger of Allah, may Allah's peace and blessings be upon him, said on the day following the Conquest of Makkah. My ears heard it, my heart understood it thoroughly, and I saw it with my own eyes when he spoke it. He glorified Allah and praised Him then said: 'It was Allah the Almighty, and not the people, who made Makkah a sanctuary, so it is impermissible for anyone who believes in Allah and the Last Day to shed blood in it or to cut down its trees. If someone argues that fighting in it is permissible because the Messenger of Allah, may Allah's peace and blessings be upon him, fought in it, say to him: "Allah gave permission to His Messenger and did not give permission to you." Allah only gave me permission for a few hours of daytime, and its sanctity today is as it was yesterday... So, let those who are present inform those who are absent (of what I just said).'" Abu Shurayh was asked: "What did he (`Amr) say to you?" He said: ('Amr said) "O Abu Shurayh! I know better than you in this respect. Makkah does not give protection to a sinner, or a fugitive murderer or thief.”

Explanation

`Amr ibn Sa`eed ibn al-`Aas, who was known as Al-Ashdaq, wanted to prepare an army to march to Makkah, when he was governor of Madinah during the Caliphate of Yazeed ibn Mu`aawiyah. His purpose was to fight `Abdullah ibn az-Zubayr, may Allah be pleased with him. So Abu Shurayh, whose full name is Khuwaylid ibn `Amr al-Khuzaa`i, went to him to offer him advice in this respect. However, since his advice was directed at a person who has high regard of himself, Abu Shurayh was gentle and softened his speech when talking to him, out of wisdom and intelligence, so that the chances of his advice being accepted are higher and he would be safe from any unfavorable consequences. He asked him permission if he could give him advice regarding the army he was preparing to send. He told him that he was certain of the authenticity of this Hadith that he was about to relate to him, and confident of its truthfulness since he was present when the Prophet, may Allah's peace and blessings be upon him, said it. His ears heard it, his heart understood it, and his eyes saw it. So `Amr ibn Sa`eed gave him permission to speak. Abu Shurayh said that on the morning after the Conquest of Makkah, the Prophet, may Allah's peace and blessings be upon him, praised Allah and glorified him, then he said: "Allah has made Makkah sacred since the day He created the heavens and the earth," i.e. its sacredness is ancient. It was not the people who made it temporarily sacred as they do with private property or grazing land or water sources. Rather, it was Allah who made it sacred so that its sanctity becomes greater and more emphasized. So if Makkah’s sacredness was ancient and decreed by Allah, then it is not permissible for anyone who believes in Allah and the Last Day -if he is keen on preserving his faith- to spill the blood of anyone in it or cut down any of its trees. If anyone comes along and uses my fighting in Makkah as a justification, then say to him: You are not like the Messenger of Allah, may Allah's peace and blessings be upon him. He was given permission, but you were not, keeping in mind that fighting in Makkah was not made lawful for him at all times; rather, it was only a few hours of daytime in proportion to the need to fight. After that need was fulfilled, its sacredness was restored. So let those who are present relay that to those who are absent. For this reason, I am relaying this to you, O Commander, because I witnessed and heard this from Allah’s Messenger on the morning after the conquest, and you did not witness it. The People asked Abu Shurayh: "What did `Amr answer you?" He replied: "He said to me: 'I have more knowledge of this than you, O Abu Shurayh. Indeed the Haram (the sacred precinct) does not protect a sinner or a fugitive thief.'" So he challenged the Hadith with his opinion, and he did not refrain from sending the army to fight Ibn az-Zubayr; rather, he proceeded with his plan.

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