The Issue of renting Houses in Makkah
﴿ ٱلَّذِى جَعَلۡنَـٰهُ لِلنَّاسِ سَوَآءً ٱلۡعَـٰكِفُ فِيهِ وَٱلۡبَادِۚ ﴾
(which We have made (open) to (all) men, the dweller in it and the visitor from the country are equal there) meaning that they prevent people from reaching Al-Masjid Al-Haram, which Allah has made equally accessible to all in Shari`ah, with no differentiation between those who live there and those who live far away from it.
﴿ سَوَآءً ٱلۡعَـٰكِفُ فِيهِ وَٱلۡبَادِۚ ﴾
(the dweller in it and the visitor from the country are equal there,) Part of this equality is that everyone has equal access to all parts of the city and can live there, as `Ali bin Abi Talhah reported from Ibn `Abbas concerning the Ayah:
﴿ سَوَآءً ٱلۡعَـٰكِفُ فِيهِ وَٱلۡبَادِۚ ﴾
(the dweller in it and the visitor from the country are equal there,) He (Ibn `Abbas) said: "Both the people of Makkah and others can stay in Al-Masjid Al-Haram.''
﴿ سَوَآءً ٱلۡعَـٰكِفُ فِيهِ وَٱلۡبَادِۚ ﴾
(the dweller in it and the visitor from the country are equal there,) Mujahid said, "The people of Makkah and others are equally allowed to stay there.'' This was also the view of Abu Salih, `Abdur-Rahman bin Sabit and `Abdur-Rahman bin Zayd bin Aslam. `Abdur-Razzaq narrated from Ma`mar, from Qatadah who said: "Its own people and others are equal therein.'' This is the issue about which Ash-Shafi`i and Ishaq bin Rahwayh differed in the Masjid of Al-Khayf, when Ahmad bin Hanbal was also present. Ash-Shafi`i was of the opinion that the various parts of Makkah can be owned, inherited and rented, and he used as evidence the Hadith of Usamah bin Zayd who said, "I said, O Messenger of Allah, will you go and stay tomorrow in your house in Makkah'' He said,
« وَهَلْ تَرَكَ لَنَا عَقِيلٌ مِنْ رِبَاعٍ؟ »(Has `Aqil left us any property) Then he said,
« لَا يَرِثُ الْكَافِرُ الْمُسْلِمَ وَلَا الْمُسْلِمُ الْكَافِر »"O people of Makkah, do not put gates on your houses, and let the bedouins stay wherever they want.'' He said: Ma`mar told us, narrating from someone who heard `Ata' say about the Ayah,
﴿ سَوَآءً ٱلۡعَـٰكِفُ فِيهِ وَٱلۡبَادِۚ ﴾
(the dweller in it and the visitor from the country are equal there, ) "They may stay wherever they want.'' Ad-Daraqutni recorded a saying reported from `Abdullah bin `Amr: "Whoever charges rent for the houses of Makkah, consumes fire.'' Imam Ahmad took a middle path, according to what his son Salih narrated from him, and he said, "They may be owned and inherited, but they should not be rented, so as to reconcile between all the proofs.'' And Allah knows best.