During the Jahiliyyah, the people lived lives that were based on misguidance, and they prescribed different types of injustice and bloodshed. Then Islam came and forbade all types of injustice and wrongdoing, and emphatically forbade unlawful bloodshed. In this hadith, Abu Hurayrah (may Allah be pleased with him) narrates that the tribe of Khuza‘ah killed a man from the tribe of Banu Layth in revenge for one of their own whom Banu Layth had killed during the Jahiliyyah. That happened during the year of the conquest of Makkah, 8 AH. The Prophet (blessings and peace of Allah be upon him) came to know of that, so he addressed the people from atop his mount – his she-camel – and explained to them that Allah (may He be glorified in exalted) had held back killing or the elephant from Makkah on the day when Abrahah the Ethiopian had tried to destroy the Kaaba, forty years before the mission of the Prophet (blessings and peace of Allah be upon him) began. This event is mentioned in the verse in which Allah (may He be exalted) says: {Have you not considered, [O Muhammad], how your Lord dealt with the companions of the elephant} [al-Fil 105:1]. Allah (may He be exalted) sent against the companions of the elephant flocks of birds which struck them with stones of hard clay when they reached the bottom of the valley near Makkah, and destroyed them. The Prophet (blessings and peace of Allah be upon him) only reminded his companions (may Allah be pleased with them) of the incident of the elephant in his speech to them in order to highlight the prohibition on killing in Makkah, because even though the people of Makkah were disbelievers at that time, Allah still defended the city, so the sanctity of its people after the advent of Islam is even greater. But Allah sent against the people of Makkah the Prophet (blessings and peace of Allah be upon him) and his companions (may Allah be pleased with them), and fighting was only permitted in Makkah at the time when the Prophet (blessings and peace of Allah be upon him) entered the city as a conqueror, along with his companions. Then the prohibition on fighting was restored as it had been before. Fighting in Makkah was not permitted to anyone before him and will never be permitted to anyone after him, because the sanctity of Makkah is something ancient, something that was decreed in the distant past and is still ongoing; it is not something that was introduced by the Prophet (blessings and peace of Allah be upon him) or that is unique to his law. It sanctity was restored after the conquest. Then the Prophet (blessings and peace of Allah be upon him) forbade cutting its vegetation, including large trees, small trees and shrubs, and small plants such as grasses, except the type of grass called idhkir, because the people needed it. It is a type of grass with broad leaves and a pleasant lemony fragrance, the flowers of which may be steeped like tea. It is a beneficial plant that may be burned instead of wood; they used to use it in the roofs of their houses and to cover their graves, so the Prophet (blessings and peace of Allah be upon him) exempted it from the prohibition on cutting vegetation. The man from Quraysh who requested the exemption of idhkhir was al-‘Abbas (may Allah be pleased with him), as is mentioned in as-Sahihayn. His request was a plea, and the Prophet’s granting of that concession was by way of conveying from Allah (may He be exalted) something that came either by way of inspiration or by way of revelation. The phrase “its thorny shrubs are not to be uprooted” means that they are not to be taken or cut. The mention of thorns indicates that it is more appropriate that other shrubs or trees that are not harmful should be protected, but thorny bushes may be excluded from the prohibition because they are harmful, so it may be permissible to cut them down, by analogy with the permissibility of killing the five vermin in the Haram zone, because what they all have in common is the fact that they are harmful. It is forbidden to pick up any lost property except by one who will announce it, so nothing that has been dropped by someone in Makkah should be picked up; rather it should be left where it is until its owner comes back and finds it. It should not be picked up except by someone who intends to announce it and keep it until its owner comes. Then the Prophet (blessings and peace of Allah be upon him) gave the choice to the heirs of the one who has been killed between accepting the blood money (‘aql or diyah) and killing the killer in retaliation (qisas); this applies in the case of deliberate killing. In the case of accidental killing, however, there is no option except the blood money. The blood money (‘aql) is an amount of wealth to be given by the offender to the one who was harmed, commensurate with the degree of the offence. It is called ‘aql because they used to hobble (ya‘qilun) the camels in the courtyard of the family who were entitled to the blood money. According to the report narrated by Ahmad from Shurayh (may Allah be pleased with him), the Prophet (blessings and peace of Allah be upon him) gave the diyah for the man of Banu Layth whom the tribe of Khuza‘ah had killed. Whilst the Prophet (blessings and peace of Allah be upon him) was saying that, a Yemeni man – whose name was Abu Shah, as narrated in as-Sahihayn – came and asked the Prophet (blessings and peace of Allah be upon him) to write for him some advice that would benefit him. So the Prophet (blessings and peace of Allah be upon him) said: “Write for Abu Fulan.” This was a clear instruction to write, even though previously the Prophet (blessings and peace of Allah be upon him) had forbidden writing down the Sunnah. Most of the scholars said that the hadiths which enjoin writing down the Sunnah abrogated the hadiths which forbid that. The prohibition was for a reason, which was that perhaps the hadiths of the Prophet (blessings and peace of Allah be upon him) would be mixed with the Qur’an. Once that reason was no longer applicable, permission was given to write hadiths, because the reason for this reservation was no longer applicable. This is supported by the fact that the instruction to write was general in wording and meaning, and it came at a later time. It was also said that the prohibition was on writing hadiths with Qur’an on the same sheet, because they used to listen to the explanation of verses, and perhaps they wrote the explanation with the verses. So they were forbidden to do that, lest they get confused, but they were given permission to write the Sunnah on separate sheets, or perhaps that was allowed for certain individuals in a few instances, such as one who needed it to be written for him, and so on. Once the revelation was completed, that reason was no longer applicable, and that was after the Sahabah’s knowledge of the Qur’an had become well-entrenched and there was no fear that they might mix it with the words of the Prophet (blessings and peace of Allah be upon him). And it was said that the prohibition was for those who had reliable memories, for fear that they might begin to rely on writing. As for permission to write the hadith, it was given to those whose memories were not reliable. Some of the Sahabah continued to refrain from writing down hadith by way of being extra cautious and prudent, and because of individual concern lest they incur sin or mix Qur’an with Sunnah, or lest they be distracted from writing down the Qur’an. In this hadith, the Messenger of Allah (blessings and peace of Allah be upon him) reminds the people of the blessing of Allah in holding back the elephant from Makkah, which was a sign that was attested to by everyone, good and evil alike. It indicates that if someone hears beneficial words that he will not be able to memorize properly, he should request that they be written down, as Abu Shah did. It indicates that it is permissible to ask questions and discuss religious issues with a knowledgeable person or scholar, and to do that in gatherings. We also see in this hadith the command to write down the hadith and Sunnah of the Prophet (blessings and peace of Allah be upon him). .