it (57) now is invalid, and it is not permissible to draw an analogy with the valid case, nor to append it to it.
Section: The conditions in a truce contract are divided into two categories: a valid one, such as stipulating wealth from them, or the assistance of the Muslims when they are in need of it, or stipulating (58) for them that he will return those who come to him among the men as Muslims or under a guarantee of safety. This is valid. The followers (59) of al-Shafi'i said: It is not valid to stipulate the return of a Muslim, unless he has a tribe that protects and defends him. Our argument is that the Prophet (may Allah bless him and grant him peace) stipulated this in the Treaty of Hudaybiyyah and fulfilled it for them, so he returned Abu Jandal [ibn Suhayl] (60) and Abu Basir, and he did not limit the condition to one who has a tribe. Furthermore, even one with a tribe, if it is his own tribe that is persecuting and harming him, is like one who has no tribe. However, this condition is only permissible in times of dire need and when the interest (61) in it is determined. Once he stipulates this for them, it becomes binding to fulfill it, in the sense (62) that if they come to claim him, he does not prevent them from taking him, and the Imam does not force him to go with them, but he may command him (64) in secret to flee from them and to fight them. For when Abu Basir came to the Prophet (may Allah bless him and grant him peace) and the disbelievers came to claim him, the Prophet (may Allah bless him and grant him peace) said to him: "It is not appropriate in our religion to act treacherously, and you know what we have pledged to them, and perhaps Allah will grant you relief and a way out." So when he returned with the two men, he killed one of them on his way. Then he returned to the Prophet (may Allah bless him and grant him peace) and said: "O Messenger of Allah, Allah has fulfilled your covenant; you returned me to them, and Allah has saved me (65) from them." The Prophet (may Allah bless him and grant him peace) did not rebuke him, nor did he blame him; rather, he said: "Woe to his mother, he is a firebrand of war, if only he had men with him!" When Abu Basir heard that, he joined the seashore, and Abu Jandal ibn Suhayl and those with him from among...
(57) In the original and (M): 'shart' (a condition). (58) In the original: 'yashrut' (he stipulates). (59) Omitted from (B). (60) Omitted from (M). (61) In (B): 'al-musalaha' (reconciliation). (62) In (A): 'ya'ni' (meaning). (63) In the original: 'yujbiruhum' (he forces them). (64) In the original: 'ya'muruhum' (he commands them). (65) In (A) and (M): 'fa-anjani' (so He saved me).
