According to certain followers of abu-Yûsuf, its rent is absolutely legal. The one "abiding therein" and the "stranger" are alike only as regards making the circuit of the "House."
The plants of the Ḥaram. Al-Ḥusain ibn-ʿAli ibn-al-Aswad from ʿAbd-ar-Raḥmân ibn-al-Aswad:—The latter found no harm in gathering vegetables, cutting, eating or making any other use of anything else planted by man in Makkah be it palm-trees or otherwise. He only disapproved of this being done with trees and plants that grow of their own accord without the agency of man. From this category al-idhkhir was excluded. According to al-Ḥasan ibn-Ṣâliḥ, ʿAbd-ar-Raḥmân allowed it in the case of rotten trees that have decayed and fallen to pieces.
According to the view of Mâlik and ibn-abi-Dhiʾb, as stated by Muḥammad ibn-ʿUmar al-Wâḳidi, regarding the legality or illegality of felling a tree of the Ḥaram, it is wrong at all events; but if the man who does it is ignorant he should be taught and receive no penalty; if he knows but is impious, he should be punished without paying the value of the trees. He who cuts it may have it for his use. According to abu-Sufyân ath-Thauri and abu-Yûsuf, he should pay the value of the tree he cuts and cannot have the wood for his use. The same view is held by abu-Ḥanîfah.
According to Mâlik ibn-Anas and ibn-abi-Dhiʾb, there is no harm in cutting the branches of the thumâm plant and the ends of the senna plant from the Ḥaram to be used as medicine or tooth-picks.
According to Sufyân ibn-Saʿîd, abu-Ḥanîfah, and abu-Yûsuf, whatever in the Ḥaram is grown by man or was grown by him can be cut with impunity; whatever is grown without the agency of man, its cutter should be responsible for its value.
