research on prohibition on the entry of non-muslims ‎to mecca in the surah maidah

the 28 verse of towbah, has been the most considerable pretext from interpreters and jurisprudents point of view to issue the prohibition sentence for polytheist entrance to the mosques and holy shrines. some jurisprudents additionally offered other reasons to implement the sentence, though it is criticized and condemned by other party. the verse however, doesn’t indicate any essential impurity of non - muslims, it certainly is in contradiction to the second verse of maedeh- the last chapter of quran -which has permitted the polytheists to travel to mecca, observing their protection. analyzing the context of both chapters (towbah and maedeh), obviously shows only fighting heathens are prohibited to enter al-masjid-al-haram in towbah while the indult is emitted for non-fighting heathens in maedeh. in other hand, studying the events and roots to issue the famed indult of  not allowing polytheist to enter the mosques in shias and sunnis jurisprudence, demonstrates that the indult is initially issued by omar, subsequently followed by omar –ibn-abd-al aziz and some other abbasi caliphs, then became gradually famed among shias and sunnis