It is valid, because the Prophet (peace be upon him) made a peace treaty with the people of Khaybar on the condition that he would retain them as long as Allah the Exalted retained them (13). This is incorrect, as it is a binding contract, so it is not permissible to stipulate its dissolution, like other binding contracts. There was no truce between the Prophet (peace be upon him) and the people of Khaybar, for he conquered it by force, and he only engaged in sharecropping (Musaqat) with them (14) and said that to them. This indicates the permissibility of sharecropping, and this is by no means a truce by consensus. They have agreed with the group (al-Jama'a) that if one were to stipulate in a truce contract: 'I will retain you as long as Allah retains you,' it would not be valid. How then can they justify their position with it, while they, along with others, are in consensus that stipulating such a thing is not permissible!

Section: It is not permissible to contract a truce except for a fixed, known duration, for the reasons we have mentioned. The Qadi said: The apparent meaning of Ahmad’s words is that it is not permissible for more than ten years. This is the choice of Abu Bakr and the madhhab of al-Shafi'i, because the saying of the Exalted, 'Then kill the polytheists wherever you find them' (16), is general and the ten-year duration was excluded from it due to the peace treaty of the Prophet (peace be upon him) with Quraysh on the day of al-Hudaybiyya for ten years. Thus, regarding anything exceeding that, it remains subject to the requirement of the general principle. Based on this, if the duration exceeds ten years, it is void regarding the excess. Does it also become void regarding the ten years? There are two views, based on the division of the transaction (tafriq al-safqa). Abu al-Khattab said: The apparent meaning of Ahmad’s words is that it is permissible for more than ten years, according to whatever the Imam deems to be in the interest. This is also the position of Abu Hanifa, because it is a contract that is permissible for ten years, [so it is permissible for] (17) what exceeds it, like a leasing contract. The general rule is specified within the ten years for a reason that also exists in what exceeds it, which is that the interest may be greater in peace than in war.

Section: It is permissible to make a truce with them without compensation, because the Prophet (peace be upon him) made a truce with them on the day of al-Hudaybiyya without compensation (18). It is also permissible for compensation that he takes from them; for if it is permissible without compensation, then it is all the more permissible for compensation.