Sharh · explanationclick to expand
Conveying Islamic knowledge is something required of the scholars and knowledgeable people, and it is more obligatory at times of tribulation and hardship, so that they may explain to the people what is true and what is false, and explain to them the path of guidance. In this hadith, Abu Shurayh al-Khuza‘i (may Allah be pleased with him) – the well-known Sahabi who was one of the wise men of Madinah – narrates that he asked ‘Amr ibn Sa‘id, the governor of Madinah appointed by Yazid ibn Mu‘awiyah at that time, to give him permission to tell him something that he had heard from the Prophet (blessings and peace of Allah be upon him). ‘Amr ibn Sa‘id was sending troops to Makkah to fight ‘Abdullah ibn az-Zubayr (may Allah be pleased with him) for having refused to swear allegiance to Yazid ibn Mu‘awiyah and having fortified himself in the Haram. Abu Shurayh (may Allah be pleased with him) asked him to let him narrate to him a hadith that he had heard from the Prophet (blessings and peace of Allah be upon him), affirming that he had heard it with his own ears, understood it and memorized it, indicating that it was still as fresh in his mind as when he had heard it from the Prophet (blessings and peace of Allah be upon him), without any intermediary, and he had not forgotten it. The Prophet (blessings and peace of Allah be upon him) had spoken this hadith on the morning of the conquest of Makkah in 8 AH. When he referred to a speech that the Prophet (blessings and peace of Allah be upon him) had given, he was referring to words that the Prophet (blessings and peace of Allah be upon him) addressed to the people, in which he explained that it was Allah (may He be exalted) Himself who had made Makkah sacred in His Book, where He said: {Al-Masjid-al-Haram (at Makkah) which We have made (open) to (all) men, the dweller in it and the visitor from the country are equal there (as regards its sanctity and pilgrimage (Hajj and Umrah))} [al-Hajj 22:25] and {[Say, O Muhammad], “I have only been commanded to worship the Lord of this city, who made it sacred”} [al-Naml 27:91]. So it is not permissible for anyone who believes in Allah and the Last Day to shed blood in it, by fighting or otherwise, or to cut down its trees. If anyone regards it as permissible to fight in Makkah, quoting as evidence for that the fact that the Prophet (blessings and peace of Allah be upon him) fought therein on the day of the conquest, the response to that is that Allah gave permission to His Messenger (blessings and peace of Allah be upon him) to fight in it on that day for a brief part of the day. What is meant is that it was a limited time, a certain part of the day of the conquest, and He did not give permission to you and it is not permissible for you to ever fight in it. Then its sanctity was restored as it had been. Then the Prophet (blessings and peace of Allah be upon him) instructed his companions who were listening to this speech of his to convey it to those who came after them, whether at the time of the Prophet (blessings and peace of Allah be upon him) or afterwards, so that they would be careful and would not have the audacity to transgress against that which Allah (may He be glorified and exalted) had made sacred, especially for one who wanted to shed blood and prepared himself for that, as in the case of ‘Amr ibn Sa‘id. This is what prompted Abu Shurayh (may Allah be pleased with him) to narrate this hadith to him, as instructed by the Messenger of Allah (blessings and peace of Allah be upon him). Abu Shurayh was asked: How did ‘Amr respond to you? And he replied: He said to me: I know better than you, O Abu Shurayh, that the sanctuary of Makkah does not protect a sinner from the hadd punishment being carried out on him, and it does not protect a fugitive who has committed murder and seeks sanctuary in Makkah so that he will not be punished. The phrase “committed theft” means that there is no protection for a fugitive who committed theft; a variant reading suggests that there is no protection for one who spread heretical ideas. ‘Amr’s response consists of words that appear sound, but were aimed at justifying his wrong actions, because the Sahabi was denouncing him for waging war on Makkah, but he responded that Makkah did not prevent the carrying out of retaliatory punishments (qisas). Ibn az-Zubayr had not committed any sin that deserved such punishment, so this was not a valid response to the words of Abu Shurayh, because he did not differ with him with regard to the issue of someone who committed a sin that incurred a hadd punishment outside the Haram zone then sought refuge in the Haram zone and whether it was permissible to carry out the hadd punishment on him within the Haram zone or not. Rather what Abu Shurayh objected to was the sending of troops to Makkah, violating its sanctity and waging war on it. He presented his argument well, but ‘Amr’s response was not straightforward; rather he gave a response that had nothing to do with the question, because in his answer he referred to a man who had committed an action that incurred a hadd punishment outside the Haram zone, and whether entering the Haram zone would protect him or not. This may be regarded as going off topic and showing stubbornness when debating, because he was a governor who had instructions from the caliph, so he tried hard to find a justification for his actions by presenting any argument he could. This hadith indicates that one should transmit knowledge and spread the Sunnah and Islamic rulings. It indicates that one should be gentle when objecting, especially when speaking to those in authority and discussing issues that are contrary to their aims, because that makes it more likely that they will accept one’s argument. It indicates that one should offer sincere advice to those in authority, and not be dishonest or harsh with them, if one feels confident that that will not lead to trouble. It indicates that what is halal and haram is determined by Allah (may He be exalted), and it has nothing to do with people. In all matters, whether they pertain to this world or the hereafter, reference should be made to the religious texts, and that can only be known from the actions, words and approval of the Prophet (blessings and peace of Allah be upon him). It highlights the great and honourable status of Makkah, may Allah increase it in honour and greatness. It indicates that it is prescribed to make analogies with the actions of the Prophet (blessings and peace of Allah be upon him), except in matters which were specifically and exclusively for him. It indicates that there are some matters which apply exclusively to the Prophet (blessings and peace of Allah be upon him) and not to anyone else. It also highlights the virtue of Abu Shurayh, because he followed the command of the Prophet (blessings and peace of Allah be upon him) to convey teachings from him..