ʿUthmân ibn-abi-Shaibah and Bakr ibn-al-Haitham from abu-Ḥaṣîn.—The latter said, "I once told Saʿid ibn-Jubair in Makkah that I wanted to 'abide therein' to which he replied, 'Thou art already abiding therein' and he read, 'Alike for those who abide therein and for the stranger.'"
The following tradition in explanation of the same text was communicated to us by ʿUthmân on the authority of Saʿîd ibn-Jubair:—All people in it are alike whether they are the inhabitants of Makkah or of some other place.
Muḥammad ibn-Saʿd from al-Wâḳidi:—Many cases were brought before abu-Bakr ibn-Muḥammad ibn-ʿAmr ibn-Ḥazm regarding the rents of the houses of Makkah, and abu-Bakr in each case judged against the tenant. This too is the view of Mâlik and ibn-abi-Dhiʾb. But according to Rabîʿah and abu-az-Zinâd, there is no harm in taking money for renting houses or for selling dwellings in Makkah.[1]
Al-Wâḳidi said, "I saw ibn-abi-Dhiʾb receiving the rent of his house in Makkah between aṣ-Ṣafa and al-Marwah."
It was said by al-Laith ibn-Saʿd, "Whatever has the form of a house its rent is legal for its proprietor. As for the halls, the roads, the courts, and the abodes that are in a state of ruins, he who comes to them first can have them first without rent."
A tradition to the same effect was transmitted to me by abu-ʿAbd-ar-Raḥmân al-Awdi on the authority of ash-Shâfiʿi.
Said Sufyân ibn-Saʿîd ath-Thauri: "To rent a house in Makkah is illegal"; and he insisted on that.
According to al-Auzâʿi, ibn-abi-Laila and abu-Ḥanîfah, if the rent is made during the nights of the Pilgrimage it is void, but if it is in other nights, whether the one who hires is a neighbor or not, it is all right.
- ↑ Cf. Ḳuṭb-ad-Din, al-Iʿlâm, p. 17.
