1- The people of Makkah were granted a general amnesty in spite of all the types of harm that they inflicted on the Messenger of Allaah, sallallaahu ‘alayhi wa sallam, and his Da‘wah (call) and even though the Islamic army was well capable of annihilating them. The general amnesty was declared while they were gathering near the Ka‘bah waiting for the decision of the Messenger of Allaah, sallallaahu ‘alayhi wa sallam, regarding them. “What do you think I will do with you?” asked the Messenger of Allaah, sallallaahu ‘alayhi wa sallam, to which they replied, “[You will deal with us with] generosity! You are a generous brother and the son of a generous brother.” Consequently, the Messenger of Allaah, sallallaahu ‘alayhi wa sallam, said to them (what means): {No blame will there be upon you today. Allaah will forgive you; and He is the Most Merciful of the merciful.}[Quran 12:92]
This general amnesty resulted in saving people from being killed or captured, and keeping transferable property and lands in the possession of their owners without levying taxes on them. Unlike other conquered regions, Makkah was treated differently owing to its holiness and sanctity, as it is the place of worship and the sanctuary of Allaah The Almighty. Hence, the majority of the early and later scholars held that it is impermissible to sell the lands of Makkah or rent its houses. It is a place where the early Makkans lived and the current Makkans reside wherever they need, and surplus housing should be made available to pilgrims and worshippers. Other scholars see it is permissible to sell the lands of Makkah and rent its houses, submitting strong evidence for this. On the other hand, the evidence provided by those scholars who forbid it, despite them being the majority, is incompletely transmitted and discontinued.
2-The Prophet, sallallaahu ‘alayhi wa sallam, ordered that some people should be killed
Besides the gracious forgiveness, there was fundamental resolve that necessarily characterizes wise leadership. Hence, some people were excluded from the general amnesty and were ordered to be killed even if they were to be found clutching the covers of the Ka‘bah. The reason behind this was that these people had committed grave crimes against Allaah The Almighty, His Messenger, sallallaahu ‘alayhi wa sallam, and Islam and they were expected to stir up Fitnah (sedition) among people after the conquest.
In Al-Fat’h, Ibn Hajar said that he collected their names from different reports. They were: ‘Abd Al-‘Uzzaa bin Khatal, ‘Abdullaah bin Sa‘d bin Abu Sarh, ‘Ikrimah bin Abu Jahl, Al-Huwayrith bin Nuqayd, Maqees bin Hubaabah, Habbaar bin Al-Aswad, two slave girls called Fartana and Qareebah, who belonged to Ibn Khatal, as well as a slave girl named Saarrah who belonged to Banu ‘Abd Al-Muttalib. Another person mentioned in this regard by Abu Ma‘shar was Al-Haarith bin Tilaal Al-Khuzaa‘i. Al-Haakim also included here the names of Ka‘b bin Zuhayr, Wahshi bin Harb and Hind bint ‘Utbah.
Some of these people were killed and others embraced Islam. The Messenger of Allaah, sallallaahu ‘alayhi wa sallam, pardoned them and they thereafter became good Muslims.
3-The sermon of the Prophet, sallallaahu ‘alayhi wa sallam, and the reversion of the people of Makkah to Islam
On the day of the Conquest of Makkah, the Prophet, sallallaahu ‘alayhi wa sallam, was informed that the Khuzaa‘ah tribe, his ally, killed a polytheist from the Huthayl tribe for a man who was killed in the pre-Islamic era. The Prophet, sallallaahu ‘alayhi wa sallam, was enraged by this and stood among people and delivered a Khutbah (sermon) in which he said:
O people, surely Allaah The Almighty made Makkah inviolable on the day when He created the heavens and the earth. By virtue of the sacredness bestowed on it by Allaah, it is sacred until the Day of Judgment. So it is impermissible for anyone who believes in Allaah and the Last Day to unlawfully shed anyone’s blood or to cut trees therein. It was not made violable for anyone before me, and nor will it be made violable for anyone after me. It was conquered by me at this hour out of antagonism with its people, and it is once again as sacred as it was yesterday. So let those who are listening to me now convey the message to those who are absent. Anyone who argues that the Messenger of Allaah fought in it [Makkah], tell him that Allaah The Almighty permitted His Messenger, but not them. O company of the Khuzaa‘ah, stop fighting, as it happened to occur frequently. You killed a man whose Diyah [blood money] I will pay. For the family of anyone to be killed later on, there is one out of two choices: either to shed the blood of the killer, or to receive his Diyah.
As an outcome of the pardon of the Prophet, sallallaahu ‘alayhi wa sallam, the Makkan men, women, free people and slaves embraced the religion of Allaah willingly. With the entrance of Makkah under the sovereignty of Islam, people embraced the religion of Allaah in multitudes. The blessing of Allaah was perfected and expressing gratitude was a must. The men and women and the young and old gave the Prophet, sallallaahu ‘alayhi wa sallam, the pledge of obedience. The Prophet, sallallaahu ‘alayhi wa sallam, accepted the men’s pledge first there on Mount Safa. He took their oaths of commitment to Islam, obedience to Allaah The Almighty and His Messenger, sallallaahu ‘alayhi wa sallam, within their capacity.
On the Day of the Conquest of Makkah, Mujaashi‘ bin Mas‘ood brought his brother Mujaalid and said to the Messenger of Allaah, sallallaahu ‘alayhi wa sallam, “This is my brother Mujaalid, and he will give a pledge of allegiance to you for emigration.” The Prophet, sallallaahu ‘alayhi wa sallam, said: “There is no emigration after the Conquest of Makkah, but I will take his pledge of allegiance for Islam, faith and Jihaad.” [Al-Bukhaari]
It was narrated that the Messenger of Allaah, sallallaahu ‘alayhi wa sallam, said: “There is no emigration after the Conquest [of Makkah], only Jihaad and intention, and if you are asked to rush for Jihaad, go forth.” [Al-Bukhaari]
This means that the obligatory emigration from Makkah was over upon the conquest of Makkah as Islam had gained power and strength and lots of new reverts. There is, however, a type of emigration that will remain until the Day of Resurrection, and that is by leaving the lands of disbelief to the land of Islam, and by departing from a country where it is difficult to practice one’s religion and have one’s rights to another country where this is possible. However, unlike the emigration from Makkah to Madeenah, this type of emigration is in certain cases obligatory, while in other cases it is not. Likewise, Jihaad and spending in the cause of Allaah are legitimate and effective until the Day of Resurrection, but they are not as greatly rewarded as the Jihaad and spending before the Conquest of Makkah. Allaah The Almighty Says (what means): {And why do you not spend in the cause of Allaah while to Allaah belongs the heritage of the heavens and the earth? Not equal among you are those who spent before the conquest [of Makkah] and fought [and those who did so after it]. Those are greater in degree than they who spent afterwards and fought. But to all Allaah has promised the best [reward]. And Allaah, with what you do, is Acquainted.} [Quran 57:10]
When the Messenger of Allaah, sallallaahu ‘alayhi wa sallam, had finished taking the pledge from the men, he began receiving that of the women including the disguised, veiled Hind bint ‘Utbah, not to associate partners with Allaah The Almighty, nor to steal, commit adultery, kill their children, bring forth a slander they have invented between their arms and legs, nor to disobey the Messenger of Allaah, sallallaahu ‘alayhi wa sallam, in what is right. When the Prophet, sallallaahu ‘alayhi wa sallam, said: “nor to steal” Hind bint ‘Utbah said, “O Messenger of Allaah, Abu Sufyaan is a stingy man who does not give me enough money for me and for my children. Am I blameworthy if I take some of his money without his knowledge?” The Messenger of Allaah, sallallaahu ‘alayhi wa sallam, said: “Take from his money what is enough for you and your children according to what is acceptable.” When he said: “nor to commit adultery”, Hind was astonished and said that a free woman would never commit adultery. When the Prophet, sallallaahu ‘alayhi wa sallam, recognized her, he asked: “Are you Hind bint ‘Utbah?” She said, “Yes. Forgive me for what I previously did, and may Allaah forgive you.”
The women gave the Prophet, sallallaahu ‘alayhi wa sallam, the pledge of obedience without shaking hands with him, as he never shook hands with women. He never touched the hands of women other than those who were either made lawful for him or were Mahrams (non-marriageable) to him. It was narrated on the authority of ‘Aa’ishah that she said, “By Allaah, the hands of the Prophet, sallallaahu ‘alayhi wa sallam, never touched the hands of any woman.” [Al-Bukhaari and Muslim] Another version of this narration reads, “He would respond verbally to them in the pledge and say: ‘My statement to one woman is as effective as my statement to one hundred women.’”
Ref : www.isalmweb.net
