صحيح مسلم
Muslim
كتاب الجهاد والسيرThe Book of Jihad and Expeditions
باب الْوَفَاءِ بِالْعَهْدِ:Chapter: Upholding Covenants
وحَدَّثَنَا أَبُو بَكْرِ بْنُ أَبِي شَيْبَةَ ، حَدَّثَنَا أَبُو أُسَامَةَ ، عَنْ الْوَلِيدِ بْنِ جُمَيْعٍ ، حَدَّثَنَا أَبُو الطُّفَيْلِ ، حَدَّثَنَا حُذَيْفَةُ بْنُ الْيَمَانِ ، قَالَ : " مَا مَنَعَنِي أَنْ أَشْهَدَ بَدْرًا إِلَّا أَنِّي خَرَجْتُ أَنَا وَأَبِي حُسَيْلٌ ، قَالَ : فَأَخَذَنَا كُفَّارُ قُرَيْشٍ ، قَالُوا : إِنَّكُمْ تُرِيدُونَ مُحَمَّدًا ، فَقُلْنَا : مَا نُرِيدُهُ مَا نُرِيدُ إِلَّا الْمَدِينَةَ ، فَأَخَذُوا مِنَّا عَهْدَ اللَّهِ وَمِيثَاقَهُ ، لَنَنْصَرِفَنَّ إِلَى الْمَدِينَةِ وَلَا نُقَاتِلُ مَعَهُ ، فَأَتَيْنَا رَسُولَ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ فَأَخْبَرْنَاهُ الْخَبَرَ فَقَالَ : انْصَرِفَا نَفِي لَهُمْ بِعَهْدِهِمْ وَنَسْتَعِينُ اللَّهَ عَلَيْهِمْ " .
It has been reported on the authority of Hudbaifa bin al-Yaman who said: Nothing prevented me from being present at the Battle of Badr except this incident. I came out with my father Husail (to participate in the Battle), but we were caught by the disbelievers of Quraish. They said: (Do) you intend to go to Muhammad? We said: We do not intend to go to him, but we wish to go (back) to Madinah. So they took from us a covenant in the name of God that we would turn back to Madinah and would not fight on the side of Muhammad (ﷺ) . So, we came to the Messenger of Allah (ﷺ) and related the incident to him. He said: Both, of you proceed (to Madinah); we will fulfil the covenant made with them and seek God's help against them.
Explanation & Benefits
Shaykh Maulana Abdul Aziz Alvi
Hadith Commentary: Benefits and Issues:
This hadith establishes that agreements and covenants made with disbelievers should be fulfilled, and disbelievers should not be given the opportunity to accuse Muslims of breaking their promises.
Even though adhering to such a covenant is not obligatory, because waging jihad against disbelievers together with the Imam is a religious duty,
therefore, the view of Imam Abu Hanifah and Imam Shafi'i is that if a Muslim prisoner makes a covenant with the disbelievers,
such as promising not to escape, then it is not obligatory for him to adhere to this covenant.
If he gets an opportunity to escape, he may do so.
However, according to Imam Malik, the apparent meaning of the hadith is that fulfilling the covenant is obligatory.
Yes, if they force him to swear an oath that he will not escape, then due to compulsion, such an oath is not considered valid.
This hadith establishes that agreements and covenants made with disbelievers should be fulfilled, and disbelievers should not be given the opportunity to accuse Muslims of breaking their promises.
Even though adhering to such a covenant is not obligatory, because waging jihad against disbelievers together with the Imam is a religious duty,
therefore, the view of Imam Abu Hanifah and Imam Shafi'i is that if a Muslim prisoner makes a covenant with the disbelievers,
such as promising not to escape, then it is not obligatory for him to adhere to this covenant.
If he gets an opportunity to escape, he may do so.
However, according to Imam Malik, the apparent meaning of the hadith is that fulfilling the covenant is obligatory.
Yes, if they force him to swear an oath that he will not escape, then due to compulsion, such an oath is not considered valid.
Source: Tuhfat al-Muslim: Commentary on Sahih Muslim, Page: 4639
