How authentic is the Hadith: "Mecca is sacred; it is not permissible to sell its lands nor the rents of its houses"?
The "Mecca is a sanctuary, Allah has made it a sanctuary. Selling its buildings is not permissible, nor is renting its houses," was narrated by Ibn Abi Shaybah as mursal (missing a link in the chain of narration) and is weak. However, there are other ahadith where scholars have differed in their views.
Sheikh Saleh Al-Fawzan summarized the scholarly disagreement regarding the buying and selling of properties in Mecca:
The First Opinion: It is not permissible to buy, sell, or own properties in Mecca, and people are equal in it. This is the view of Malik, Abu Hanifa, and one narration from Ahmad. They based their arguments on verses such as: "We made it [the Kaaba] for all people, the resident therein and the visitor alike" (Quran 22:25), and ahadith such as: "Mina is a resting place for whoever gets there first." They also cited the action of Umar (may Allah be pleased with him), who prohibited the renting of houses in Mecca, and the fact that the lands of Mecca were conquered by force (anwatan), making them endowed (waqf).
The Second Opinion: It is permissible to buy and sell properties in Mecca. This is the view of Al-Shafi'i and one narration from Ahmad. They based their arguments on Allah's saying: "those who were expelled from their homes and their properties" (Quran 59:8), the Prophet's (peace be upon him) statement to Aqeel: "And what did Aqeel leave for us of buildings or houses?" and his statement on the day of the Conquest of Mecca: "Whoever enters the house of Abu Sufyan is safe." They also cited the fact that the Companions owned houses in Mecca and sold them.
The preponderant opinion is the second one due to the clarity of its evidence, and because the ahadith that prohibit it are weak. As for the verses cited by the proponents of the first opinion, their interpretation is that "equal" refers specifically to the Sacred Mosque (the prayer area) and not the entire sanctuary, and that "sanctuary" refers to the prohibition of hunting and cutting trees, etc., and that "Mina is a resting place for whoever gets there first" is specific to the sacred sites.
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