Conditions

Yahya ibn Bukayr narrated to us; al-Layth narrated to us, from ʿUqayl, from Ibn Shihab, who said: ʿUrwa ibn al-Zubayr informed me that he heard Marwan and al-Miswar ibn Makhrama (may Allah be pleased with them both) report from the Companions of the Messenger of Allah: On that day, when Suhayl ibn ʿAmr drew up the treaty, one of his conditions to the Prophet was that anyone from their side who came to him—even if following his religion—must be returned to them, with them free to take him. The believers disliked this and were distressed by it, but Suhayl insisted, so the Prophet made the treaty on those terms. That day he returned Abu Jandal to his father, Suhayl ibn ʿAmr. During that period he returned every man who came to him, even if he was a Muslim.

Believing women then came as emigrants. Among them was Umm Kulthum bint ʿUqba ibn Abi Muʿayt, who came to the Messenger of Allah that day as a young woman. Her family asked the Prophet to return her, but he did not return her to them, because Allah had revealed concerning them: “When believing women come to you as emigrants, examine them—Allah knows best their faith”—through His words, “and they are not lawful for them.”

ʿUrwa said: ʿAʾisha informed me that the Messenger of Allah used to test the women by this verse: “O you who believe, when believing women come to you as emigrants, examine them…” through “All-Forgiving, Most Merciful.” ʿUrwa said: ʿAʾisha said that when any woman affirmed this condition, the Messenger of Allah would say to her, “I have accepted your pledge.” He would address her with those words. By Allah, his hand never touched a woman’s hand when taking the pledge; he accepted their pledges only by his words.

Abu Nuʿaym narrated to us; Sufyan narrated to us, from Ziyad ibn ʿIlaqa, who said: I heard Jarir (may Allah be pleased with him) say: I pledged allegiance to the Messenger of Allah, and he stipulated that I give sincere counsel to every Muslim.

Musaddad narrated to us; Yahya narrated to us, from Ismaʿil, who said: Qays ibn Abi Hazim told me, from Jarir ibn ʿAbd Allah (may Allah be pleased with him), who said: I pledged allegiance to the Messenger of Allah to establish prayer, give zakat, and offer sincere counsel to every Muslim.

ʿAbd Allah ibn Yusuf informed us; Malik informed us, from Nafiʿ, from ʿAbd Allah ibn ʿUmar (may Allah be pleased with them both), that the Messenger of Allah said: “Whoever sells date palms that have been pollinated, their fruit belongs to the seller, unless the buyer stipulates otherwise.”

ʿAbd Allah ibn Maslama narrated to us; al-Layth narrated to us, from Ibn Shihab, from ʿUrwa, that ʿAʾisha (may Allah be pleased with her) informed him: Barira came to ʿAʾisha seeking help with her emancipation contract; she had not yet paid any part of it. ʿAʾisha said, “Go back to your owners. If they agree that I pay your contract for you and that your walaʾ belongs to me, I will do so.” Barira told her owners, but they refused, saying, “If she wishes, she may pay it on your behalf, but your walaʾ will belong to us.” Barira told the Messenger of Allah, and he said, “Buy her and set her free; walaʾ belongs only to the one who sets someone free.”

Abu Nuʿaym narrated to us; Zakariyya narrated to us, who said: I heard ʿAmir say: Jabir (may Allah be pleased with him) told me that he was riding a camel of his that had grown exhausted. The Prophet passed by, struck it, and prayed for it; it then moved at a pace unlike its former pace. He said, “Sell it to me for one uqiyya.” I said, “No.” He asked again, “Sell it to me for one uqiyya,” and I sold it to him, stipulating that I could ride it to my family. When we arrived, I brought him the camel and he paid me its price. I set off, but he sent someone after me and said, “I would not take your camel. Take that camel back; it is yours.”

Shuʿba narrated from Mughira, from ʿAmir, from Jabir: “The Messenger of Allah gave me the use of its back as far as Medina.” Ishaq narrated from Jarir, from Mughira: “I sold it on condition that I could ride it as far as Medina.” ʿAtaʾ and others said: “Its back is yours to ride as far as Medina.” Muhammad ibn al-Munkadir narrated from Jabir: “He stipulated its use as a mount up to Medina.” Zayd ibn Aslam narrated from Jabir: “You may ride it until you return.” Abu al-Zubayr narrated from Jabir: “We gave you its back to ride to Medina.” Al-Aʿmash narrated from Salim, from Jabir: “Ride it to get home.” ʿUbayd Allah and Ibn Ishaq narrated from Wahb, from Jabir, that the Prophet bought it for one uqiyya; Zayd ibn Aslam also narrated this from Jabir. Ibn Jurayj narrated from ʿAtaʾ and others, from Jabir: “I took it for four dinars,” which would equal one uqiyya if a dinar is reckoned as ten dirhams. Mughira, from al-Shaʿbi, from Jabir, and Ibn al-Munkadir and Abu al-Zubayr from Jabir did not specify the price. Al-Aʿmash narrated from Salim, from Jabir: “one uqiyya of gold.” Abu Ishaq narrated from Salim, from Jabir: “two hundred dirhams.” Dawud ibn Qays narrated from ʿUbayd Allah ibn Miqsam, from Jabir, that he bought it on the road to Tabuk—“I think he said for four uqiyyas.” Abu Nadra narrated from Jabir that he bought it for twenty dinars. The report of al-Shaʿbi, “for one uqiyya,” is the more frequent. The stipulation about riding it is more frequent and, in my view, more sound. This was said by Abu ʿAbd Allah.

Abu al-Yaman informed us; Shuʿayb informed us; Abu al-Zinad narrated to us, from al-Aʿraj, from Abu Hurayra (may Allah be pleased with him), who said: The Ansar said to the Prophet, “Divide the date palms between us and our brothers.” He replied, “No.” They said, “You take care of the work, and we will share the fruit with you.” They said, “We hear and obey.”

Musa narrated to us; Juwayriya ibn Asmaʾ narrated to us, from Nafiʿ, from ʿAbd Allah ibn ʿUmar (may Allah be pleased with them both), who said: The Messenger of Allah entrusted Khaybar to the Jews to work and cultivate, giving them half of its produce.

ʿAbd Allah ibn Yusuf narrated to us; al-Layth narrated to us, who said: Yazid ibn Abi Habib narrated to me, from Abu al-Khayr, from ʿUqba ibn ʿAmir (may Allah be pleased with him), who said: The Messenger of Allah said, “The conditions most deserving of fulfillment are those by which you made marital relations lawful.”

Malik ibn Ismaʿil narrated to us; Ibn ʿUyayna narrated to us; Yahya ibn Saʿid narrated to us, who said: I heard Hanzala al-Zuraqi say: I heard Rafiʿ ibn Khadij (may Allah be pleased with him) say: We, the Ansar, had the most fields, and we used to lease land. Sometimes one part yielded crops while another part yielded none. We were forbidden to do that, but we were not forbidden to lease it for silver (money).

Musaddad narrated to us; Yazid ibn Zurayʿ narrated to us; Maʿmar narrated to us, from al-Zuhri, from Saʿid, from Abu Hurayra (may Allah be pleased with him), from the Prophet, who said: “A townsman must not sell on behalf of a desert dweller. Do not engage in artificial bidding. No one should outbid his brother’s sale, propose marriage over his brother’s proposal, or ask a woman to divorce her sister so that he may take her place.”

Qutayba ibn Saʿid narrated to us; Layth narrated to us, from Ibn Shihab, from ʿUbayd Allah ibn ʿAbd Allah ibn ʿUtba ibn Masʿud, from Abu Hurayra and Zayd ibn Khalid al-Juhani (may Allah be pleased with them), who said: A man from the Bedouins came to the Messenger of Allah and said, “I adjure you by Allah to judge for me according to the Book of Allah.” The other disputant, who was more knowledgeable than he, said, “Yes, judge between us according to the Book of Allah, and let me speak.” The Messenger of Allah said, “Speak.”

He said, “My son worked for this man and committed unlawful sexual intercourse with his wife. I was told that stoning was due for my son, so I ransomed him for one hundred sheep and a slave girl. I asked the people of knowledge, and they told me that my son was due one hundred lashes and exile for a year, and that this man’s wife was due stoning.” The Messenger of Allah said, “By Him in whose hand is my soul, I will judge between you according to the Book of Allah: the slave girl and sheep are to be returned; your son is due one hundred lashes and exile for a year. Go tomorrow, Unays, to this man’s wife; if she confesses, stone her.” He went to her the next morning, and she confessed. The Messenger of Allah then ordered that she be stoned.

Khallad ibn Yahya narrated to us; ʿAbd al-Wahid ibn Ayman al-Makki narrated to us, from his father, who said: I visited ʿAʾisha (may Allah be pleased with her). She said: Barira, who had a manumission contract, came to me and said, “Mother of the Believers, buy me, for my owners are selling me, then set me free.” I said, “Yes.” She said, “My owners will not sell me unless they stipulate that my walaʾ belongs to them.” I said, “I have no need of you.” The Prophet heard this, or it reached him, and he said, “What is the matter with Barira? Buy her and set her free, and let them stipulate whatever they wish.”

She said: I bought her and set her free, while her owners stipulated that her walaʾ belonged to them. The Prophet said, “Walaʾ belongs to the one who sets a person free, even if they stipulate a hundred conditions.”

Muhammad ibn ʿArʿara narrated to us; Shuʿba narrated to us, from ʿAdi ibn Thabit, from Abu Hazim, from Abu Hurayra (may Allah be pleased with him), who said: The Messenger of Allah forbade meeting trading caravans before they reach the market, a migrant buying on behalf of a Bedouin, a woman stipulating that her prospective husband divorce his other wife, a man bidding over his brother’s bid, artificial price inflation, and concealing an animal’s milk to deceive a buyer.

Muʿadh and ʿAbd al-Samad also narrated it from Shuʿba. Gundar and ʿAbd al-Rahman said, “It was forbidden.” Adam said, “We were forbidden.” Al-Nadr and Hajjaj ibn Minhal said, “He forbade.”

Ibrahim ibn Musa informed us; Hisham informed us that Ibn Jurayj told him: Yaʿla ibn Muslim and ʿAmr ibn Dinar informed me, from Saʿid ibn Jubayr—one of them added detail to the other—and others, whom I heard narrate it from Saʿid ibn Jubayr, said: We were with Ibn ʿAbbas (may Allah be pleased with them both). He said: Ubayy ibn Kaʿb told me that the Messenger of Allah said, “Musa, the Messenger of Allah,” then he related the hadith. Regarding “Did I not tell you that you would never be able to bear patiently with me?” (18:72), the first incident was forgetfulness, the middle one was a condition, and the third was deliberate. Then: “Do not call me to account for what I forgot, and do not make my task difficult” (18:73). “They met a boy and he killed him” (18:74). They went on and found a wall about to collapse, so he set it upright (18:77). Ibn ʿAbbas recited: “Before them was a king.”

Ismaʿil narrated to us; Malik narrated to us, from Hisham ibn ʿUrwa, from his father, from ʿAʾisha, who said: Barira came to me and said, “I made a manumission contract with my owners for nine uqiyyas, one uqiyya each year. Help me.” I said, “If they wish, I can pay it all for them, and your walaʾ will be mine.” Barira went to her owners and told them, but they refused. She returned while the Messenger of Allah was sitting and said, “I offered them that, but they insisted that the walaʾ belong to them.” The Prophet heard, and ʿAʾisha informed him. He said, “Take her, and let them stipulate the walaʾ for themselves; walaʾ belongs only to the one who sets a person free.” ʿAʾisha did so.

Then the Messenger of Allah stood among the people, praised and glorified Allah, and said, “Why do some men stipulate conditions that are not in the Book of Allah? Any condition not in the Book of Allah is invalid, even if there are a hundred of them. Allah’s decree has greater right, and Allah’s condition is firmer. Walaʾ belongs only to the one who sets a person free.”

Abu Ahmad narrated to us; Muhammad ibn Yahya Abu Ghassan al-Kinani narrated to us; Malik informed us, from Nafiʿ, from Ibn ʿUmar (may Allah be pleased with them both), who said: When the people of Khaybar dislocated ʿAbd Allah ibn ʿUmar’s limbs, ʿUmar stood up to address the people. He said: The Messenger of Allah had made an agreement with the Jews of Khaybar concerning their property and had said, “We will leave you in possession as long as Allah leaves you in possession.” ʿAbd Allah ibn ʿUmar went to his property there, and during the night he was attacked and his hands and feet were dislocated. We have no enemy there besides them; they are our enemies and the people we suspect. I have decided to expel them.

When ʿUmar resolved to do so, one of the Banu Abi al-Huqayq came to him and said, “Commander of the Faithful, will you expel us when Muhammad left us there, made an agreement with us concerning our property, and stipulated that for us?” ʿUmar said, “Did you think I had forgotten the Messenger of Allah’s words: ‘What will you do when you are expelled from Khaybar, your young she-camel carrying you away night after night?’” The man said, “That was a joke from Abu al-Qasim.” ʿUmar replied, “You lie, enemy of Allah.” ʿUmar expelled them and gave them the value of their fruit, property, camels, and goods, including camel saddles, ropes, and other things.

Hammad ibn Salama narrated it from ʿUbayd Allah—I think from Nafiʿ, from Ibn ʿUmar, from ʿUmar, from the Prophet—in an abbreviated form.

ʿAbd Allah ibn Muhammad told me; ʿAbd al-Razzaq narrated to us; Maʿmar informed us, who said: al-Zuhri informed me, who said: ʿUrwa ibn al-Zubayr informed me, from al-Miswar ibn Makhrama and Marwan, each confirming the other’s account: The Messenger of Allah set out at the time of al-Hudaybiya. On the way, the Prophet said, “Khalid ibn al-Walid is at al-Ghamim with Qurayshi cavalry serving as scouts; take the right-hand route.” Khalid did not notice them until he saw the dust of the army, then galloped off to warn Quraysh. When the Prophet reached the pass descending toward them, his mount knelt. The people urged it on, but it persisted. They said, “Al-Qaswaʾ has balked!” The Prophet said, “Al-Qaswaʾ has not balked; that is not her nature. The One who held back the elephant has held her back.” Then he said, “By the One in whose hand is my soul, they will not ask me for any proposal that honors Allah’s sacred limits without my granting it.” He urged her, and she sprang up. He turned aside and camped at the far end of al-Hudaybiya by a little pool from which people were drawing water. They soon exhausted it and complained of thirst. The Prophet took an arrow from his quiver and ordered them to put it into the pool; by Allah, water continued to gush for them until they departed.

While they were there, Budayl ibn Warqaʾ al-Khuzaʿi came with men from Khuzaʿa, trusted advisers to the Messenger of Allah from Tihama. Budayl said that Kaʿb ibn Luʾayy and ʿAmir ibn Luʾayy had camped at the wells of al-Hudaybiya with their families and would fight him and prevent him from reaching the House. The Messenger of Allah replied, “We have not come to fight anyone; we have come to perform ʿumra. War has exhausted Quraysh and harmed them. If they wish, I will agree to a truce for a period, and they will let me and the people be. If I prevail, they may enter the faith that others have entered if they wish; otherwise they will have had a respite. If they refuse, then by the One in whose hand is my soul, I will fight for this cause until I am killed, and Allah will surely carry out His command.” Budayl said he would convey this. In Mecca, some foolish men said they did not need to hear anything, but the thoughtful ones asked him to report what he had heard.

ʿUrwa ibn Masʿud stood and asked Quraysh, “Are you not like my children?” They said yes. “Am I not like your father?” They said yes. “Do you suspect me?” They said no. He reminded them that when the people of ʿUkaz had refused to help, he had brought his family, children, and followers to support them. They agreed. He said Muhammad had offered a sound proposal and asked to meet him; they let him go. ʿUrwa spoke to the Prophet, who repeated roughly what he had told Budayl. ʿUrwa warned that if Muhammad destroyed his own people, no Arab had done such a thing before, and that if the fighting went the other way, he saw only assorted people who might flee and leave him. Abu Bakr rebuked him with an insult, asking whether they would flee and abandon the Messenger of Allah. ʿUrwa asked who had spoken; they told him Abu Bakr. ʿUrwa said that but for a favor Abu Bakr had done for him, he would have answered him in kind. As ʿUrwa spoke, he repeatedly took hold of the Prophet’s beard. Al-Mughira ibn Shuʿba, standing at the Prophet’s head with sword and helmet, struck ʿUrwa’s hand with the flat of his sword whenever he reached for the beard, telling him to move his hand away from the Messenger of Allah. ʿUrwa recognized al-Mughira and called him treacherous, asking whether he himself was not trying to avert the consequences of al-Mughira’s treachery. Before Islam, al-Mughira had accompanied some people, killed them, and taken their property; when he came to embrace Islam, the Prophet said, “As for your Islam, I accept it; as for the property, I have nothing to do with it.”

ʿUrwa then watched the Prophet’s Companions. Whenever the Messenger of Allah spat, one of them caught it in his palm and rubbed it over his face and skin; when he gave an order, they hastened to carry it out; when he performed ablution, they nearly fought over the leftover water; when he spoke, they lowered their voices and did not stare at him, out of reverence. ʿUrwa returned to Quraysh and said he had visited kings—Caesar, Khosrau, and the Negus—but had never seen any king so honored by his followers as Muhammad was by his Companions. He repeated what he had observed and urged Quraysh to accept the sound proposal. A man of Banu Kinana asked permission to meet the Prophet. The Prophet said he belonged to a people who honored sacrificial camels and ordered that the animals be brought before him. The Muslims welcomed him reciting the talbiya. Seeing the garlanded and marked sacrificial camels, he said it was not right to prevent these people from visiting the Kaʿba. Back among Quraysh, he advised them not to bar the visit. Mikraz ibn Hafs then went to Muhammad; the Prophet called him a wicked man. While they were speaking, Suhayl ibn ʿAmr arrived. The Prophet said, “Now the matter has become easy.” Suhayl asked for a peace treaty. The Prophet called for a scribe and dictated, “In the name of Allah, the Most Compassionate, the Most Merciful.” Suhayl objected that he did not know “the Most Compassionate” and asked to write the customary “In Your name, O Allah.” The Muslims insisted on the first wording, but the Prophet told the scribe to write “In Your name, O Allah.” He then dictated, “This is the peace treaty concluded by Muhammad, the Messenger of Allah.” Suhayl said that if they knew he was Allah’s Messenger, they would not have barred him from the House or fought him, and demanded “Muhammad ibn ʿAbd Allah.” The Prophet said, “By Allah, I am Allah’s Messenger even if you deny me. Write Muhammad ibn ʿAbd Allah.” Al-Zuhri explained that the Prophet accepted these terms because he had already said he would grant any request that honored Allah’s sacred limits. The Prophet stipulated that they let the Muslims visit the House and circumambulate it. Suhayl refused that year, lest the Arabs say Quraysh had yielded under pressure, but agreed to the following year, and it was written.

Suhayl then stipulated that any man from their side who came to the Prophet, even if he had embraced Islam, must be returned. The Muslims exclaimed, “Glory be to Allah! How can someone who comes as a Muslim be returned to the polytheists?” While they were discussing this, Abu Jandal ibn Suhayl ibn ʿAmr entered, dragging his chains after escaping from lower Mecca, and threw himself among the Muslims. Suhayl said, “Muhammad, this is the first case on which I call you to honor our agreement: return him to me.” The Prophet said, “The document has not yet been concluded.” Suhayl swore he would never make peace if Abu Jandal were kept. The Prophet asked him to let Abu Jandal go, but Suhayl refused; Mikraz said, “We grant him to you.” Abu Jandal called out, “Muslims, am I to be returned to the polytheists after coming to you as a Muslim? Do you not see what I have suffered?” He had been tortured severely for Allah’s sake. ʿUmar ibn al-Khattab went to the Prophet and asked, “Are you truly Allah’s Prophet?” He said, “Yes.” ʿUmar asked whether they were upon truth and their enemy upon falsehood; the Prophet said yes. “Why, then, should we accept a lowly position in our religion?” The Prophet replied, “I am Allah’s Messenger; I do not disobey Him, and He will support me.” ʿUmar asked whether he had not said they would come to the House and circumambulate it. The Prophet said, “Yes. But did I tell you that we would come this year?” ʿUmar said no. He replied, “You will come to it and circumambulate it.” ʿUmar then asked Abu Bakr the same questions. Abu Bakr affirmed that the Prophet was Allah’s Messenger and that they were upon truth, and told ʿUmar to hold fast to the Prophet, for he was upon the truth. Abu Bakr likewise asked whether the Prophet had said they would visit that year; when ʿUmar said no, Abu Bakr said they would indeed visit and circumambulate. Al-Zuhri said that ʿUmar later did many good deeds in expiation for that questioning.

When the treaty document was completed, the Messenger of Allah told his Companions, “Rise, slaughter your sacrifices, then shave your heads.” By Allah, none of them rose, although he repeated the order three times. He went to Umm Salama and told her what he had encountered. She asked whether he wanted the order carried out, then advised him to go out, say nothing to anyone, slaughter his sacrificial camels, and call his barber to shave him. He did so without speaking to anyone. When they saw it, the Companions rose, slaughtered their sacrifices, and began shaving one another; in their distress they nearly killed one another. Then believing women came, and Allah revealed, “O you who believe, when believing women come to you as emigrants, examine them…” through “the bonds of marriage with disbelieving women.” That day ʿUmar divorced two wives who remained in polytheism; Muʿawiya ibn Abi Sufyan married one and Safwan ibn Umayya the other.

The Prophet returned to Medina. Abu Basir, a Muslim man from Quraysh, came to him. Two men were sent to pursue him and said, “Honor the covenant you made with us.” The Prophet handed Abu Basir over to them. They took him as far as Dhu al-Hulayfa and stopped to eat dates. Abu Basir remarked to one of them, “By Allah, your sword is fine.” The man drew it and praised it. Abu Basir asked to see it; when the man handed it over, Abu Basir struck him until he died. The other fled to Medina and ran into the mosque. The Messenger of Allah saw him and said, “This man has seen something terrifying.” The man said, “My companion has been killed, and I too would have been killed.” Abu Basir arrived and said, “Prophet of Allah, Allah has fulfilled your obligation: you returned me to them, then Allah saved me from them.” The Prophet said, “Woe to his mother! What a spark of war he would be, if only he had someone to support him.” Abu Basir understood that the Prophet would return him to them, so he went to the coast. Abu Jandal escaped and joined him. Every Qurayshi man who embraced Islam then joined Abu Basir, until they formed a group. Whenever they heard of a Quraysh caravan bound for Syria, they intercepted it, killed its men, and took its property. Quraysh appealed to the Prophet by Allah and kinship to summon them, promising that anyone who came to him would be safe. The Prophet sent for them. Allah then revealed: “He is the One who restrained their hands from you and your hands from them in the valley of Mecca after giving you victory over them…” through “the zealotry, the zealotry of ignorance.” Their zealotry was their refusal to acknowledge him as Allah’s Prophet, their refusal to write “In the name of Allah, the Most Compassionate, the Most Merciful,” and their preventing the Muslims from reaching the House.