Reconciliation among Muslims is permissible
Linguistic explanation: Reconciliation means safety and correctness. It is derived from the root صلح (karam, nasr, fath) which means to be correct. The form صَالَحَ يُصَالِحُ (mufa’ala) means mutual reconciliation, أَصْلَحَ يُصْلِحُ (if’al) means to cause reconciliation, and الستَصْلَحَ يَسْتَصْلِحُ (istif’al) means to seek reconciliation.
[Al-Munjid: p. 477, Lisan al-Arab: 384/7]
Technical definition: A contract adopted to remove disagreement, discord, dispute, and dissension.
[Nataij al-Afkar: 23/7, Tabyin al-Haqaiq: 29/5, Al-Durr al-Mukhtar: 493/4, Mughni al-Muhtaj: 177/2]
Its evidences are as follows:
➊ فَلَا جُنَاحَ عَلَيْهِمَا أَن يُصْلِحَا بَيْنَهُمَا صُلْحًا ۚ وَالصُّلْحُ خَيْرٌ [An-Nisa: 128]
“There is no blame on both (husband and wife) in reconciliation because reconciliation is better.”
➋ لَّا خَيْرَ فِي كَثِيرٍ مِّن نَّجْوَاهُمْ إِلَّا مَنْ أَمَرَ بِصَدَقَةٍ أَوْ مَعْرُوفٍ أَوْ إِصْلَاحٍ بَيْنَ النَّاسِ [An-Nisa: 114]
“Most of their (disbelievers’) advice is unaware, but indeed good is in the advice of one who enjoins charity, or good, or reconciliation among people.”
➌ وَإِن طَائِفَتَانِ مِنَ الْمُؤْمِنِينَ اقْتَتَلُوا فَأَصْلِحُوا بَيْنَهُمَا [Al-Hujurat: 9]
“If two groups of Muslims fight each other, then reconcile them.”
➍ It is narrated from Hazrat Sahl bin Sa’d (RA) that the people of Quba had a quarrel until they started throwing stones at each other. The Prophet (PBUH) was informed, and he said:
اذهبوا بنا نصلح بينهم
“Take us to them; we will reconcile between them.”
[Bukhari: 2693, Book of Reconciliation: Chapter on the Imam’s command to his companions: ‘Go with us to reconcile’]
Reconciliation that makes the forbidden lawful or the lawful forbidden is not permissible
It is narrated from Hazrat Amr bin Awf (RA) that the Prophet (PBUH) said:
الصلح جائز بين المسلمين إلا صلحا حرم حلالا أو أحل حراما
“Reconciliation among Muslims is permissible, but reconciliation that makes lawful forbidden or forbidden lawful is not permissible.”
[Sahih li Ghairihi: Irwa’ al-Ghalil: 142/5 – 146, 1303, Tirmidhi: 1352, Book of Rulings: Chapter on what the Messenger of Allah mentioned about reconciliation among people, Ibn Majah: 2353, Dar Qutni: 27/3, Hakim: 101/4, Bayhaqi: 65/6. Imam Tirmidhi declared this hadith Hasan. Imam Shawkani graded it at least Hasan due to multiple chains. Nayl al-Awtar: 644/3]
Reconciliation that makes forbidden lawful, for example, reconciling to have intercourse with a slave girl which does not make intercourse lawful, or reconciling to eat property that is unlawful to eat.
Reconciliation that makes lawful forbidden, for example, a wife reconciling with her husband that he will not divorce her or marry another in her presence.
[Nayl al-Awtar: 644/3]
Reconciliation in known and unknown matters by known and unknown means is permissible
Their evidences are as follows:
Reconciliation of an unknown matter with a known matter:
Hazrat Umm Salamah (RA) narrates that two men came to the Prophet (PBUH) with an old inheritance dispute without proof. The Prophet (PBUH) said:
إنكم تختصمون إلى رسول الله وإنما أنا بشر ولعل بعضكم ألحن بجحته من بعض وإنما أقضى بينكم على نحو ما أسمع فمن قضيت له من حق أخيه شيئا فلا يأخذه فإنما أقطع له قطعة من النار ياتي بها إسطاما فى عنقه يوم القيمة
“You dispute before the Messenger of Allah (PBUH). I am only a human, and perhaps your eloquence in presenting your argument is better than others. I will judge only by what I hear. So whoever I judge against his brother’s right, let him not take it because I am giving him a piece of fire, and he will come on the Day of Judgment with a burning fire hanging around his neck.” (Upon hearing this) both cried and said, “My right is for my brother.” The Prophet (PBUH) said:
أما إذا قلتما فاذهبا فاقتسما ثم توخيا الحق ثم استهما ثـم ليحلل كل واحد منكما صاحبه
“Since you have said this, then go and divide (the property), then intend to fulfill the right, then cast lots, then each one forgive his companion.”
[Sahih: Sahih Abu Dawood: 3058, Book of Judiciary: Chapter on the judge’s ruling if he errs, Weak Abu Dawood: 766, Abu Dawood: 3583, 3584, Ahmad: 320/6, Ibn Abi Shaybah: 233/7, Abu Ya’la: 324/12 – 325, Sharh Ma’ani al-Athar: 154/4, Mushkil al-Athar: 229/1, Dar Qutni: 238/4, Hakim: 95/4, Tabarani Kabir: 298/23, Sharh al-Sunnah: 349/4. Its origin is in two Sahihs: Bukhari: 2967, Book of Stratagems: Chapter on if a slave girl is forcibly taken and claimed dead, so judgment is made on her value, Muslim: 1713]
Reconciliation of a known matter with an unknown matter:
Hazrat Jabir (RA)’s father was martyred in the Battle of Uhud and had debts at the time of death. The creditors demanded payment strictly. Hazrat Jabir (RA) came to the Prophet (PBUH), who told the creditors to accept the fruits of his garden and forgive his father. The creditors refused. The Prophet (PBUH) did not give them the garden and said, “We will come to you in the morning.” In the morning, the Prophet (PBUH) came, walked around the trees, prayed for blessing in the fruits, then I cut them and paid the full debt, but the fruits were still left for us.”
[Bukhari: 2265, Book on Borrowing and Debt Payment, Chapter on if one settles without his right or permits it, it is permissible]
The evident point is that the Prophet (PBUH) recommended accepting unknown fruits in exchange for a known debt.
Evidence of casting lots
Casting lots is mentioned in two verses of the Quran:
➊ إِذْ يُلْقُونَ أَقْلَامَهُمْ [Al-Imran: 44]
“When they cast their pens (to decide who would take care of Mary).”
➋ فَسَاهَمَ فَكَانَ مِنَ الْمُدْحَضِينَ [As-Saffat: 141]
“Then the casting of lots took place, and he was among the defeated.”
Casting lots is mentioned in five hadiths:
➊ In the previous hadith before the last one.
➋ أن النبى صلى الله عليه وسلم كان إذا أراد سفرا أقرع بين نسائه
“When the Prophet (PBUH) intended to travel, he cast lots among his wives.”
[Bukhari: 2404, Book of Gifts and their Virtue and Encouragement: Chapter on a woman’s gift to someone other than her husband]
➌ أنه أقرع فى ستة مملوكين
“The Prophet (PBUH) cast lots among six slaves.”
[Muslim: 3154, Book of Oaths: Chapter on one who frees a partner in a slave]
➍ The Prophet (PBUH) said:
لو يعلم الناس ما فى النداء والصف الأول ثم لم يجدوا إلا أن يستهموا عليه لاستهموا عليه
“If people knew the reward of the call to prayer and the first row, then if they can only get these two by casting lots, they should cast lots to obtain them.”
[Bukhari: 570, Book of Adhan: Chapter on seeking by casting lots in Adhan]
➎ Hazrat Safiyyah (RA) brought two cloths for the shroud of Hazrat Hamzah (RA). There was another deceased who also needed a shroud. Both were given one cloth each. One cloth was larger. The companions narrate:
فأقرعنا عليهما
“We cast lots between the two. Then the cloth that was chosen by lot was used for the shroud.”
[Ahmad: 165/1]
Reconciliation in matters of Qisas (retaliation) with less or more blood money is permissible
All previous evidences apply generally to this.
➊ The command of Allah Almighty is:
وَالصُّلْحُ خَيْرٌ [An-Nisa: 128]
“And reconciliation is better.”
➋ The Prophetic hadith is:
الصلح جائز بين المسلمين
“Reconciliation among Muslims is permissible.”
[Sahih li Ghairihi: Irwa’ al-Ghalil: 1303, Tirmidhi: 1352, Book of Rulings: Chapter on what the Messenger of Allah mentioned about reconciliation among people]
➌ Another hadith states: “Whoever intentionally kills someone will be handed over to the heirs of the killed. If they wish, they may kill him, or if they wish, they may take blood money, which is thirty camels, thirty young camels, and forty pregnant she-camels. This is the blood money for intentional killing:
وما صولحوا عليه فهو لهم
“And whoever is reconciled with, it is for them.”
And this is an increase in blood money.
[Hasan: Irwa’ al-Ghalil: 259/7, 2199, Tirmidhi: 1387, Book of Diyat: Chapter on how much blood money is from camels, Ibn Majah: 2626, Abu Dawood: 4506, Nasai: 42/8, Ahmad: 183/2]
The evident phrase in this hadith is:
وما صولحوا عليه فهو لهم
“Whoever is reconciled with is correct, whether at less or more than the blood money.”
Reconciliation is valid even in case of denial
➊ All previous evidences apply generally to this as well.
➋ Hazrat Ka’b (RA) narrates the story of two men disputing over a debt in the mosque. The Prophet (PBUH) indicated to the creditors to forgive half the debt and demand the rest quickly. As the narration states:
قال نبي صلى الله عليه وسلم: ضع من دينك هذا و أو ما إليه أى الشطر قال لقد فعلت يا رسول الله ! قال قم فاقضه
“The Prophet (PBUH) said (to the creditor): Leave half your debt. He said, I have done so, O Messenger of Allah! Then the Prophet (PBUH) said (to the debtor): Get up and pay him (the remaining debt immediately).”
[Bukhari: 457, Book of Prayer: Chapter on litigation and staying in the mosque, Muslim: 1558]
There are different forms of reconciliation in case of denial:
➊ One person claims a debt of one hundred dinars from another, who denies all of it, then they reconcile on half the amount. This is valid because reconciliation depends on mutual consent, and there is nothing in Shariah preventing it.
➋ If the dispute is about the amount, i.e., one says you owe me fifty dinars, the other says I owe only twenty-five dinars, then if they reconcile on that, it is also a form of reconciliation in denial and is permitted by the Shariah as the hadith above shows.
➌ If the dispute is about early or late payment, then reconciliation on early payment of part is also a form of reconciliation in denial.
[Al-Rawdah al-Nadiyyah: 511/2]
(Abu Hanifah, Malik, Ahmad, Majority) All agree on this.
(Shafi’i, Ibn Abi Layla) Reconciliation in denial is not permissible, and their evidences are:
➊ وَلَا تَأْكُلُوا أَمْوَالَكُم بَيْنَكُم بِالْبَاطِلِ [Al-Baqarah: 188]
“Do not consume one another’s wealth unjustly.”
لا يحل مال امرئ مسلم إلا بطيبة من نفسه
“No Muslim’s wealth is lawful for him without his consent.”
[Al-Um: 257/3, Al-Hawi: 369/6, Al-Mabsut: 174/14, Tuhfat al-Ulama: 420/3, Al-Kafi: p. 451, Al-Kharsh: 3/6 – 4, Al-Mughni: 6/7 – 7, Kashaf al-Qina’: 397/3]
The answer given is that when reconciliation is permissible even in denial, then the wealth is not taken unjustly but with the consent of the person himself.
[Nayl al-Awtar: 644/3]
Lying to bring about reconciliation is permissible
It is narrated from Hazrat Umm Kulthum bint Uqbah (RA) that the Prophet (PBUH) said:
ليـس الـكـذاب الذى يصلح بين الناس فينمي خيرا أو يقول خيرا
“He is not a liar who lies to reconcile between people; rather, he increases good or says something good.”
[Bukhari: 2692, Book of Reconciliation: Chapter on ‘He is not a liar who reconciles between people’]
