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Fiqh-us-Sunnah - 5.63
Hadith 5.63.1
Sacred Precincts of Makkah (Haram Makkah)
The Sacred Precincts of Makkah include the area around Makkah, marked by stones a meter high, on all roads leading to, or from Makkah.
On the northern side Haram Makkah extends to Tan'im, six kilometers from the Sacred Mosque, and on the southern side to Adah, twelve kilometers from Makkah. On its eastern side, sixteen kilometers away, lies al-Ji'ranah, while on its northeastern border lies the valley of Nakhlah, which is fourteen kilometers from Makkah. On the western border lies Al-Shmaisi, (This place used to be called Al-Hudaibiya. It was here that the Prophet (peace be upon him) took the famous pledge - bai 'at ridwan - from his Companions. The Battle of Al-Hudaibiya is named after it) fifteen kilometers from Makkah.
Muhibbuddin At-Tabari reported from Az-Zuhari from Obaidullah bin Abdullah bin 'Utba and said: "Prophet Ibrahim (peace be upon him) put up markers for the Sacred Precincts as shown to him by Gabriel (peace be upon him)." These markers were undisturbed until the time of Qusaiy, who renewed them. After that the Prophet (peace be upon him), in the year of the conquest of Makkah, sent Tamim bin Osaid al-Khozai'i to refurbish them. Later 'Umar appointed four men from Quraish, Muhrama bin Nawfal, Sa'id bin Yarbu', Howaiteb bin Abdil-Uzza, and Azhar bin Abd-Auf, to renew these markers. Subsequently, first Mu'awiyah and then Abdul-Malik refurbished them.
Hadith 5.63.A
Sacred Precincts of Madinah (Haram Madinah)
In the Sacred Precincts of Madinah killing a game and cutting its trees is prohibited as it is in the case of Haram Makkah. Jabir bin Abdullah reported that Allah's Messenger (peace be upon him) said: "Ibrahim (peace be upon him) made Makkah Haram (sacred), and I declare Madinah and what lies between its two black tracts Haram.
No game (within this area) is to be killed, nor any adah - a thorny plant - growing therein is to be cut."
(Muslim) Ali reported that concerning Madinah the Prophet (peace be upon him) said: "Its plants must not be cut, its game must not be frightened, articles lost in it must not be picked up except by someone making announcement to find the owner, nor is any man to bear arms for fighting in it. Its trees must not be cut, except when (required for) feeding one's camels." (Reported by Ahmad and Ahu Daw+ud) Both Bukhari and Muslim report that the Prophet (peace be upon him) said, "Madinah is Haram (Sacred) and its Sacred Precincts extend from 'Eer to Thowr." (Eer is a mountain at the miqat for Madinah, and Thowr is a mountain near Uhud on the north) Another agreed upon hadith reported from Abu Hurairah says, "The Prophet (peace be upon him) declared the area between the two black tracts of Madinah as sacred and then extended it to about twelve miles around Madinah." The Prophet (peace be upon him) permitted the residents of Madinah to cut trees for making plows, carts and other necessary tools and equipment. He also permitted them to cut its grass to feed their animals. Ahmad reported from Jabir bin Abdullah that the Prophet (peace be upon him) said: "The area between two black tracts of Madinah is a Haram (a sanctuary). No tree must be cut (within this area) except for use as fodder for animals."
Unlike this the residents of Makkah, who have sufficient supply for their animal feed, are not permitted to cut even the grass to feed their animals. The residents of Madinah are not self-sufficient and are therefore allowed to use trees and grass for their animals.
But killing the game or cutting off the trees in the sanctuary of Madinah carries no penalty nor requires any compensation, although doing so is a sinful act.
Anas reported that the Prophet (peace be upon him) said, "Madinah is a sanctuary from such and such a place to such and such a place, and (within this area) its trees shall not be cut, nor any (unlawful) act committed, and whoso does so on him shall rest the curse of Allah, His angels and the entire mankind." (Bukhari) It is permissible to pick up and use branches of a fallen tree within this sanctuary. Sa'ad bin Abi Waqqas reported that while on his way to his palace at 'Aqiq he found a slave cutting off a tree or hitting and shaking it for leaves. Sa'ad seized whatever the slave had gathered. The owners of the slave went to Sa'ad and asked him to return to them what he had seized from the slave. Sa'ad said, "Allah forbid that I should return something which Allah's Messenger has given me as a gift." And saying this he refused to return it to them. (Muslim) The Prophet (peace be upon him) said, "If you find anyone hunting a wild game within the sacred bounds of Madinah you may seize it from him." (Abu Daw+ud, and Al-Hakim, who considers it a sound hadith) This is reported by Abu Daw'ud, and Al-Hakim, who considers it a sound hadith.
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