عَنْ اِبْنِ عُمَرَ رَضِيَ اَللَّهُ عَنْهُمَا قَالَ: { مَا أَهَلَّ رَسُولُ اَللَّهِ ‏- صلى الله عليه وسلم ‏-إِلَّا مِنْ عِنْدِ اَلْمَسْجِدِ } مُتَّفَقٌ عَلَيْهِ 1‏ .‏‏1 ‏- صحيح.‏ رواه البخاري ( 1541 )‏، ومسلم ( 1186 )‏، وزادا: " يعني: مسجد ذي الحليفة ".‏
Translation

Abu Hurairah (RAA) narrated, ‘When Allah, the Most High granted His Messenger (ﷺ) victory on the conquest of Makkah, the Prophet (ﷺ) addressed the people, so he glorified Allah and praised Him, and said, "Allah withheld the elephant from Makkah and empowered His Messenger and the believers over it. It has not been made lawful (i.e. fighting in it) for anyone before me, but it has been lawful for me only for a few hours on that day (of the conquest), and it will not be made lawful to anyone after me (to enter it lighting). Its wild game must not be frightened, its thorns are not to be cut. No one is allowed to pick up lost articles (Luqatah) unless he announces it (what he has found) publicly (in order to return it to the owner). If anyone has someone murdered inside its boundaries, then he has the choice of the best of two options (i.e. either to accept compensation, i.e. blood money or to retaliate). Al-'Abbas then said, ‘Except for the Idhkhar (a kind of nice smelling grass, which is used by goldsmiths and burnt in households.)

Comment

Hadith Commentary: The Sanctity of Makkah

This narration from Abu Hurairah (RAA) in Bulugh al-Maram 739 establishes the inviolable sanctity of Makkah, which Allah honored by preventing Abrahah's elephant army from destroying it. The Prophet (ﷺ) emphasizes that fighting within its sacred precincts was only temporarily permitted during the Conquest for him alone, a unique dispensation not granted to any before or after.

Legal Rulings of Haram Boundaries

The prohibition against cutting its plants or hunting its game demonstrates that Makkah's sanctity extends to its natural environment. The ruling concerning lost property (Luqatah) requires public announcement to facilitate its return, protecting property rights within the sacred space.

The exceptional permission for Idhkhar grass, as noted by Al-'Abbas, shows that some vegetation may be utilized when it serves essential human needs without violating the sanctuary's overall protection.

Homicide in Sacred Territory

The ruling for murder within Makkah's boundaries offers the victim's heir a choice between blood money or retaliation, reflecting the gravity of violating the sanctuary's peace while maintaining justice through Islamic legal principles.