Fiqh-us-Sunnah - 5.65
Hadith 5.65.1
Is There Any Other Sanctuary Besides These Two?
Ibn Taimiyyah said, "There is no other sanctuary in the whole world besides these two, not even the Al-Aqsa Mosque of Jerusalem, nor any other, even though some ignorant people call them Haram al-Maqdis and Haram al-Khalil. By consensus Haram Makkah is the only Haram (sanctuary). About Madinah there is no such consensus. A majority of scholars, however, hold that Madinah is also a sanctuary, as mentioned in ahadith on this subject.
Muslim scholars disagree about a third sanctuary, namely, Wuja, a valley of Al-Ta'if. Ash-Shafi'i regards it a sanctuary. Ash-Shawkani agrees with him, but the majority of the scholars disagree and do not consider it a sanctuary."
Hadith 5.65.A
Excellence of Makkah Over Madinah
The majority of scholars believes Makkah has preference over Madinah.
Abdullah bin 'Adi bin Al-Hamra reported that he heard Allah's Messenger (peace be upon him) saying, "By Allah ! You (O Makkah) are the best of Allah' s land, and most beloved to Him. Had I not been driven away from you, I would have never departed (from you)." (Ahmad, Ibn Majah and Tirmidhi) Ibn 'Abbas said: "Allah's Messenger (peace be upon him) addressed Makkah saying, 'How nice a place you are! You are the most beloved place to me! If my people had not driven me away from you I would have never departed (from here) to live somewhere else."(Tirmidhi considers it a sound hadith)
Hadith 5.65.B
Entering Makkah without Ihram
One may enter Makkah without putting on a garb of ihram if one does not intend to make Hajj or 'Umrah. One may be a frequent visitor to Makkah as a wood-cutter, a grass cutter, a water carrier, or a hunter, etc., or not a frequent visitor such as a merchant or a visitor.
Regardless of whether one enters it in a state of security or fear, all such people may enter Makkah without ihram if they do not intend to perform Hajj or 'Umrah. This is Ash-Shafi'i's opinion which, of his two views, is the more accurate one, and is also supported by his companions.
Muslim reported that Allah's Messenger (peace be upon him) entered Makkah wearing a black turban and without an ihram. It is said about Ibn 'Umar that he returned after travelling part of the way and entered Makkah without ihram.
Both Ibn Shihab and Ibn Hazm hold entering Makkah without the ihram garb permissible. The Prophet (peace be upon him) set the markers (Mawaqit) around Makkah only for those who intended to perform Hajj or 'Umrah.
Wearing ihram is not compulsory for those who pass these markers if they do not intend Hajj or 'Umrah. Allah and His Prophet (peace be upon him) did not forbid entering Makkah without ihram. To insist on it is obligating people to which they are not obligated by Shari'ah.
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