To Kill in Makkah (Hadith No. 1567)
Hadith no. 1566 (below) is a repeat. Read it here.
Narrated Ibn ‘Abbas (radiallaahu `anhu):
The Prophet (sallallaahu `alayhi wasallam) fixed Dhul-Hulaifa as the Miqat (the place for assuming Ihram) for the people of Medina, and Qaran-al-Manazil for the people of Najd, and Yalamlam for the people of Yemen. These Mawaqit are for those people and also for those who come through these Mawaqit (from places other than the above-mentioned) with the intention of (performing) Hajj and Umra. And those living inside these Mawaqit can assume Ihram from the place where they start; even the people of Mecca can assume Ihram from Mecca.
Narrated Anas bin Malik (radiallaahu `anhu):
Allah’s Apostle (sallallaahu `alayhi wasallam) entered Mecca in the year of its Conquest wearing an Arabian helmet on his head and when the Prophet (sallallaahu `alayhi wasallam) took it off, a person came and said, “Ibn Khatal is holding the covering of the Ka’ba (taking refuge in the Ka’ba).” The Prophet (sallallaahu `alayhi wasallam) said, “Kill him.”
Prophet (sallallaahu `alayhi wasallam) was most probably not in Ihraam when he entered Makkah during the conquest, as it says in the narration that he was wearing an Arabian helmet on his head. Scholars have differed in their opinions:
- It is permissible to enter Makkah without Ihraam – without the intention of performing Hajj/`Umrah
- This was special to the Prophet (sallallaahu `alayhi wasallam) and no one else is allowed to enter Makkah without Ihraam. Prophet (sallallaahu `alayhi wasallam) had said:
“Beware! (Mecca is a sanctuary) Verily! Fighting in Mecca was not permitted for anyone before me nor will it be permitted for anyone after me. It (war) in it was made legal for me for few hours or so on that day.”
Ibn Khatal, as mentioned in stories (having unreliable sources), killed a Muslim slave and then apostatized. The only thing having a strong back to it is that he was a poet and used to recite verses abusing the Prophet (sallallaahu `alayhi wasallam). On the day of Makkah’s Conquest, Prophet (sallallaahu `alayhi wasallam) had ordered for a few men to be killed. Ibn Khatal was one of them.
There’s a lot of discussion on this matter. Some people are trying to prove how unfair the Prophet (sallallaahu `alayhi wasallam) was in this decision of his, and others are trying to prove that this guy deserved it. I feel uninterested because I don’t need a reason to believe in the correct judgement of the Prophet (sallallaahu `alayhi wasallam). If you feel the need to read up on it, avoid Google. Too many pseudo-Islamic-content-pushers out there. :P
Read books of reliable scholars, or indulge in discussions with the knowledgeable ones.
Side note, this proves how Makkah is NOT a sanctuary for criminals.