Bulugh al-Maram

Takhrij:
«أخرجه أبوداود، الجهاد، باب في صلح العدو، حديث:2765، وأصله عند البخاري، الشروط، حديث /2731، وحديث أنس: أخرجه مسلم، الجهاد، حديث:1784.»©Explanation: © Hadith Narrator:
«مروان رحمہ اللہ » By this is meant Marwan ibn al-Hakam al-Umawi.
His kunyah was Abu ‘Abd al-Malik.
He was appointed as the governor of Madinah Munawwarah on behalf of Mu‘awiyah radi Allahu anhu.
After the death of Yazid and the abdication of his son Mu‘awiyah from the caliphate, he became a rival of ‘Abdullah ibn al-Zubayr radi Allahu anhuma and took control of Egypt and Syria.
He died in Damascus in the year 65 Hijri.
«حضرت سہیل بن عمرو رضی اللہ عنہ » Suhayl ibn ‘Amr was counted among the prominent nobles and chiefs of Quraysh.
He was among their wise men and orators.
He was captured on the day of Badr.
At that time, he was a disbeliever.
He accepted Islam on the day of the conquest of Makkah.
At the time of the fitnah of apostasy, the Quraysh remained steadfast upon Islam because of him.
He was martyred at the time of Yarmuk in 4 AH,
or he died in Marj Safar or in the plague of ‘Amwas in 18 AH.

Hadith Commentary:
1.
By "Ahabish" is meant various tribes who had made treaties and agreements with the Quraysh; most of these tribes were from Banu Qarah. These people had gone to Makkah to the Quraysh in the year of Hudaybiyyah so that the Messenger of Allah (sallallahu alayhi wa sallam) could be prevented from performing the circumambulation (tawaf) of the House of Allah (Bayt Allah). The Messenger of Allah (sallallahu alayhi wa sallam) sought counsel from the people as to whether he should go directly to the House of Allah or attack the families and children of the Ahabish. Abu Bakr (radi Allahu anhu) advised that you should not attack the settlements of the Ahabish, but rather head straight towards the House of Allah; it is possible that the information from the spy is incorrect. If we go to those settlements, we will have to fight. You should consider as if we have not sent any spy. In any case, you accepted the advice of Abu Bakr (radi Allahu anhu) and ordered to proceed directly to the House of Allah.
2.
Ghadir Ashatat is the name of a place on the way from Hudaybiyyah, and it is located towards Usfan. Water collects there. In any case, the Messenger of Allah (sallallahu alayhi wa sallam), agreeing with the opinion of Abu Bakr (radi Allahu anhu), abandoned the intention of raiding and plundering.

Hadith Commentary:
1.
Among the clauses agreed upon at Hudaybiyyah was that any man from the Quraysh who came to Muhammad (sallallahu alayhi wa sallam) without the permission of his guardian would be returned to them, but if any of Muhammad’s (sallallahu alayhi wa sallam) companions came to the Quraysh, they would not be returned. The written agreement had not yet been completed when Suhayl’s son, Abu Jandal (radi Allahu anhu), arrived there dragging his chains, and threw himself among the Muslims. At this, Suhayl said: “This is the first person whose return I demand.” The Messenger of Allah (sallallahu alayhi wa sallam) said: “But we have not yet completed the writing of the agreement.” Nevertheless, due to Suhayl’s insistence, Abu Jandal (radi Allahu anhu) was returned. The Messenger of Allah (sallallahu alayhi wa sallam) said to him: “Abu Jandal! Be patient and consider it a means of reward. Allah, the Exalted, will soon provide relief and a place of refuge for you and for the other weak Muslims who are with you. Since we have made a treaty with the Quraysh, we cannot break our word.”

2.
Some believing women migrated to Madinah and came to the Messenger of Allah (sallallahu alayhi wa sallam). Their families demanded their return based on the terms of the treaty, but the Messenger of Allah (sallallahu alayhi wa sallam) rejected this demand on the grounds that the clause of return applied to men, not to women, because its wording was: “Any man of ours who comes to you, you must return him, even if he is upon your religion.” Furthermore, the Noble Qur’an explicitly states that if you ascertain that these women are truly believers, do not return them to the disbelievers; such women are not lawful for the disbelievers, nor are the disbelievers lawful for them. () This does not constitute a breach of the treaty; therefore, Umm Kulthum (radi Allahu anha) and other emigrant women were not returned.

3.
For details of the Treaty of Hudaybiyyah and the incident of Abu Basir (radi Allahu anhu), refer to Sahih al-Bukhari, Hadith 2732.

Benefits and Issues:
A treaty with the disbelievers, in which both parties agree not to fight each other for a certain period, is permissible. However, it should be that the initiation and request for such a treaty come from the disbelievers. For Muslims to make this offer initially is not desirable in any way, because it expresses weakness and humiliation. It is also necessary that, along with the peace agreement, Muslims should not become heedless of their preparations, as it is possible that the enemy may resort to deception. The legitimacy of this matter is mentioned in Surah Al-Anfal:
(“And if they incline to peace, then incline to it [also] and rely upon Allah. Indeed, He is the Hearing, the Knowing. ... And if they intend to deceive you, then sufficient for you is Allah.”) ( Al-Anfal: 61-62). If the disbelievers incline towards peace, then you should also incline towards it and place your trust in Allah. Indeed, He is the All-Hearing, All-Knowing. And if they intend to deceive you, then Allah is sufficient for you.
The following hadith contains the incident of the Treaty of Hudaybiyyah, which is mentioned here briefly; it should be studied in detail in other books of hadith and biography.
It is an extremely comprehensive hadith and contains countless issues.
Benefits and Issues:
This hadith contains many benefits. Every responsible person should reflect deeply upon it.

➊ The first priority for a Muslim ruler, when making peace with the disbelievers, should be the reverence and greatness of Allah Almighty.

➋ The Sunnah is that the sacrificial animal sent to the House of Allah (Baytullah) should have a collar of shoes placed around its neck, and if it is a camel (jamal) or she-camel (naqah), then a slight incision should be made on the right side of its hump and its blood smeared on it. This act of making an incision is called “ish’ar.”

➌ Qaswa’ was the name and title of the she-camel of the Messenger of Allah (sallallahu alayhi wa sallam). The literal meaning is “one with a cut ear.”

➍ There is a reference to the incident of Abraha, who came with a great army and elephants to demolish the House of Allah, but by Allah’s plan, the entire army was destroyed by a rain of stones from birds, and both the Ka’bah and Makkah remained safe and secure.

➎ That is, there should be no killing and bloodshed in the sanctuary of Allah, and peace should be established between the two nations.

➏ Budayl bin Warqa informed the Messenger of Allah (sallallahu alayhi wa sallam) and the noble Companions (radi Allahu anhum ajma’in) as a well-wisher that Ka’b bin Lu’ayy and ‘Amir bin Lu’ayy, with all their strength, are ready for war on the other side of Hudaybiyyah towards Makkah. The Messenger of Allah (sallallahu alayhi wa sallam) informed him that in reality, we have not come for fighting, but if compelled, then I will fight until Allah makes His religion, Islam, dominant, or my neck is severed and my life is taken.

➐ Among the Arabs, it was customary that two equals, during conversation, would adopt this manner to incline the other towards gentleness and softness. However, Hazrat Mughirah (radi Allahu ta’ala anhu) made it clear that you are not their equal; he (the Prophet) is the best of mankind.

➑ On occasions of danger and for the sake of dignity, it is permissible and desirable to appoint guards for protection, but where there is no reasonable cause, making people stand (as guards) is considered arrogance and is an unlawful act.

➒ Wealth acquired through deception and fraud is never permissible, except in the case of the abode of war (dar al-harb) and during fighting, in which case the acquired wealth is called war booty (ghanimah).

➓ Suhayl objected, at the time of writing the treaty, to “Bismillah al-Rahman al-Rahim,” saying, “We do not know al-Rahman,” and also did not accept writing “Muhammad, the Messenger of Allah (sallallahu alayhi wa sallam).” However, the Prophet (sallallahu alayhi wa sallam), due to legal expediency, tolerated these matters of his, despite them being incorrect, and “Bismik Allahumma” and “Muhammad bin Abdullah” were written. The result of this gentle approach was that later these very people embraced Islam and proved to be devoted soldiers of Islam.

⓫ This group gathered on the seashore used to attack the caravans of Quraysh and became a great threat to their trade caravans. Eventually, the Quraysh requested that they withdraw their condition that any person from Makkah who became Muslim should be returned. In this way, those people were called to Madinah.

Benefits and Issues:
From the style of Imam Abu Dawud, it becomes clear that in the aforementioned hadiths, the political support given by Hazrat Mughirah radi Allahu anhu to Hazrat Muawiyah radi Allahu anhu is not contrary to their honor of being Companions (sahabah) and their status with Allah.
Not only this, but there were many other Companions who, according to their own understanding, were supporters or opponents of either Hazrat Ali radi Allahu anhu or Hazrat Muawiyah radi Allahu anhu, and all of these were their ijtihad (independent juristic reasoning).
Therefore, even if we are authorized to explicitly declare someone mistaken, in view of their honor as Companions, their loyalty to the Messenger of Allah sallallahu alayhi wa sallam, and the glad tidings that the Messenger of Allah sallallahu alayhi wa sallam gave regarding them, it is obligatory to overlook and interpret their actions favorably.
(radi Allahu ta'ala anhum wa ardaahum)