Muslims are Bound by their Stipulations (Hadith No. 2372)

Bismillah.

Ahadith 2369 – 2371 (below) are repeats. See linked text for related posts.

Volume 3, Book 49, Number 871 :
Narrated by Urwa bin Az-Zubair
Az-Zubair (radiallaahu `anhu) told me that he quarrelled with an Ansari man who had participated in (the battle of) Badr in front of Allah’s Apostle (sallallaahu `alayhi wasallam) about a water stream which both of them used for irrigation. Allah’s Apostle (sallallaahu `alayhi wasallam) said to Az-Zubair (radiallaahu `anhu), “O Zubair! Irrigate (your garden) first, and then let the water flow to your neighbor.” The Ansari became angry and said, “O Allah’s Apostle (sallallaahu `alayhi wasallam)! Is it because he is your cousin?” On that the complexion of Allah’s Apostle (sallallaahu `alayhi wasallam) changed (because of anger) and said (to Az-Zubair), “Irrigate (your garden) and then with-hold the water till it reaches the walls (surrounding the palms).” So, Allah’s Apostle (sallallaahu `alayhi wasallam) gave Az-Zubair (radiallaahu `anhu) his full right. Before that Allah’s Apostle had given a generous judgment beneficial for Az-Zubair (radiallaahu `anhu) and the Ansari, but when the Ansari irritated Allah’s Apostle (sallallaahu `alayhi wasallam) he gave Az-Zubair (radiallaahu `anhu) his full right according to the evident law. Az-Zubair (radiallaahu `anhu) said, “By Allah ! I think the following Verse was revealed concerning that case: “But no, by your Lord! They can have no faith until they make you judge in all disputes between them.” (4.65)

Volume 3, Book 49, Number 872 :
Narrated by Jabir bin Abdullah (radiallaahu `anhu)
My father died and was in debt. I suggested that his creditors take the fruits (i.e. dates) of my garden in lieu of the debt of my father, but they refused the offer, as they thought that it would not cover the full debt. So, I went to the Prophet (sallallaahu `alayhi wasallam) and told him about it. He said (to me), “When you pluck the dates and collect them in the Mirbad (i.e. a place where dates are dried), call me (Allah’s Apostle).” Finally he came accompanied by Abu Bakr and ‘Umar (radiallaahu `anhumaa) and sat on the dates and invoked Allah to bless them. Then he said, “Call your creditors and give them their full rights.” So, I paid all my father’s creditors in full and yet thirteen extra Wasqs of dates remained, seven of which were ‘Ajwa and six were Laun or six of which were Ajwa and seven were Laun. I met Allah’s Apostle (sallallaahu `alayhi wasallam) at sunset and informed him about it. On that he smiled and said, “Go to Abu Bakr and ‘Umar (radiallaahu `anhumaa) and tell them about it.” They said, “We perceived that was going to happen, as Allah’s Apostle (sallallaahu `alayhi wasallam) did what he did.”

Volume 3, Book 49, Number 873 :
Narrated by Abdullah bin Kab
That Ka’b bin Malik (radiallaahu `anhu) told him that in the lifetime of Allah’s Apostle (sallallaahu `alayhi wasallam) he demanded his debt from Ibn Abu Hadrad in the Mosque. Their voices grew louder till Allah’s Apostle (sallallaahu `alayhi wasallam) heard them while he was in his house. So he lifted the curtain of his room and called Ka’b bin Malik saying, “O Ka’b!” He replied, “Labbaik! O Allah’s Apostle (sallallaahu `alayhi wasallam)!” He beckoned to him with his hand suggesting that he deduct half the debt. Ka’b (radiallaahu `anhu) said, “I agree, O Allah’s Apostle!” Allah’s Apostle (sallallaahu `alayhi wasallam) then said (to Ibn Abu Hadrad), “Get up and pay him the rest.”

Kitaab-us-Sulh [Book of Peacemaking] ends here.

Today’s Hadith:

Kitaab-ush-Shuroot [Book of Conditions] starts today..

Volume 3, Book 50, Number 874 :
Narrated by Marwan and al-Miswar bin Makhrama (radiallaahu `anhumaa)
(from the companions of Allah’s Apostle (sallallaahu `alayhi wasallam)) When Suhail bin Amr agreed to the Treaty (of Hudaibiya), one of the things he stipulated then, was that the Prophet (sallallaahu `alayhi wasallam) should return to them (i.e. the pagans) anyone coming to him from their side, even if he was a Muslim; and would not interfere between them and that person. The Muslims did not like this condition and got disgusted with it. Suhail did not agree except with that condition. So, the Prophet (sallallaahu `alayhi wasallam) agreed to that condition and returned Abu Jandal (radiallaahu `anhu) to his father Suhail bin ‘Amr. Thenceforward the Prophet (sallallaahu `alayhi wasallam) returned everyone in that period (of truce) even if he was a Muslim. During that period some believing women emigrants including Um Kalthum bint Uqba bin Abu Muait (radiallaahu `anhaa) who came to Allah’s Apostle (sallallaahu `alayhi wasallam) and she was a young lady then. Her relatives came to the Prophet (sallallaahu `alayhi wasallam) and asked him to return her, but the Prophet (sallallaahu `alayhi wasallam) did not return her to them for Allah had revealed the following Verse regarding women: “O you who believe! When the believing women come to you as emigrants. Examine them, Allah knows best as to their belief, then if you know them for true believers, Send them not back to the unbelievers, (for) they are not lawful (wives) for the disbelievers, Nor are the unbelievers lawful (husbands) for them (60.10)
Narrated ‘Urwa: Aisha (radiallaahu `anhaa) told me, “Allah’s Apostle (sallallaahu `alayhi wasallam) used to examine them according to this Verse: “O you who believe! When the believing women come to you, as emigrants test them . . . for Allah is Oft-Forgiving, Most Merciful.” (60.10-12)
Aisha (radiallaahu `anhaa) said, “When any of them agreed to that condition Allah’s Apostle (sallallaahu `alayhi wasallam) would say to her, ‘I have accepted your pledge of allegiance.’ He would only say that, but, by Allah he never touched the hand of any women (i.e. never shook hands with them) while taking the pledge of allegiance and he never took their pledge of allegiance except by his words (only).”

المسلمون على شروطهم

“Muslims are bound by their stipulations.”  Abu Daud & Al-Hakim (sahih)

Once the contract of Hudaibiyah was signed, Prophet (sallallaahu `alayhi wasallam) could not turn back.. he had to return Abu Jandal even though it was a really tough choice to make. As long as the conditions are lawful, one must abide by them. This is true for all kinds of contracts – marriage, finance, social etc.

As for the case of Umm Kulthoom who was not returned to her family, Allah had intervened for her. Ibn Kathir comments on the above ayah (60:10):

Allah the Exalted and Most High ordered His faithful servants to test the faith of women who emigrate to them. When they are sure that they are faithful, they should not send them back to the disbelievers, for the disbelievers are not allowed for them and they are not allowed for the disbelievers.

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