Abu Shuraih, Al-`Adawi said that he had said to `Amr bin Sa`id when he was sending the troops to Mecca (to fight `Abdullah bin Az-Zubair), "O Chief! Allow me to tell you what Allah's Messenger (ﷺ) said on the day following the Conquest of Mecca. My ears heard that and my heart understood it thoroughly and I saw with my own eyes the Prophet (ﷺ) when he, after Glorifying and Praising Allah, started saying, 'Allah, not the people, made Mecca a sanctuary, so anybody who has belief in Allah and the Last Day should neither shed blood in it, nor should he cut down its trees. If anybody tells (argues) that fighting in it is permissible on the basis that Allah's Messenger (ﷺ) did fight in Mecca, say to him, 'Allah allowed His Apostle and did not allow you.' "Allah allowed me only for a few hours on that day (of the conquest) and today its sanctity is valid as it was before. So, those who are present should inform those who are absent (concerning this fact." Abu Shuraih was asked, "What did `Amr reply?" He said, (`Amr said) 'O Abu Shuraih! I know better than you in this respect Mecca does not give protection to a sinner, a murderer or a thief."
Penalty of Hunting while on Pilgrimage
Sahih al-Bukhari 1832
Contextual Background
This narration from Abu Shuraih al-'Adawi addresses the sanctity of Mecca during the conflict between 'Amr bin Sa'id and 'Abdullah bin Az-Zubair. The speaker recalls the Prophet's declaration after the Conquest of Mecca, emphasizing Mecca's divinely ordained inviolability.
Scholarly Commentary
The Prophet ﷺ established that Allah alone designated Mecca as a sanctuary (haram), prohibiting bloodshed and tree-cutting for believers. The exception made for the Prophet during the conquest was temporary and divinely specified, not establishing general permissibility.
'Amr's response reflects a misunderstanding of sanctuary law - while Mecca cannot absolve sins, its geographical sanctity remains intact, prohibiting warfare and violence within its boundaries regardless of the perpetrator's spiritual state.
Legal Implications
This hadith establishes the permanent sanctity of Mecca's boundaries, prohibiting hunting, warfare, and violence. The ruling applies equally to pilgrims and residents, with violations constituting major sins requiring expiation.
Classical scholars derive from this that the penalty for hunting while in ihram includes equivalent sacrifice or feeding the poor, emphasizing respect for Allah's designated sanctuaries.