they come to claim it, but if someone else comes, nothing is to be returned to him. Our argument is that since he came to us from outside the Abode of Islam, it is not mandatory (48) to return him, nor to return anything in his place, just as with a free man among the men, and as with a slave if he comes out and then converts. Regarding their claim that they are under a guarantee of safety from us, we say: We only granted them safety (50) from those who are within the Abode of Islam, who are under the control of the Imam; as for those who are in their own abode, or those who are not under his control, they are not protected from him, as evidenced by the case where a slave comes out before converting. This is why when Abu Basir killed the man who came to reclaim him, the Prophet (may Allah bless him and grant him peace) did not rebuke him, nor did he hold him liable (52). And when he, Abu Jandal, and their companions separated from the Prophet (may Allah bless him and grant him peace) during the Treaty of Hudaybiyyah, they waylaid the [people of] the caravan, killed [whomever they killed] (53) among them, and took the wealth, the Prophet (may Allah bless him and grant him peace) did not condemn this, nor did he order them to return what they had taken or pay compensation for what they had destroyed. This man who converted was in their land and under their control, and he overpowered them to secure his own person, so he became free, just as if he had converted after coming out. As for the woman, it is not mandatory to return her dowry because she did not take (54) anything from them; and even if she had taken it, she would have overpowered them to obtain it in the land of coercion. If she were obligated to provide a substitute, the dowry of a similar woman (mahr al-mithl) would be required, not the specified amount. Regarding the verse, Qatada said: It permits the return of the dowry. 'Ata', al-Zuhri, and al-Thawri said: It is not acted upon today (55). Furthermore, the verse was revealed concerning the case of Hudaybiyyah, when the Prophet (may Allah bless him and grant him peace) had stipulated to them that he would return anyone who came to him as a Muslim. When Allah forbade the return of women, He commanded the return of their dowries (56). Our discussion concerns a situation where a truce is concluded unconditionally; therefore, it does not fall under the meaning of what the command covered. If the discussion concerns a situation where the return of women was stipulated, it is also invalid; because the condition that the Prophet (may Allah bless him and grant him peace) stipulated was valid, but it has been abrogated. Therefore, if
(48) In (A): 'yajuz' (it is permitted). (49) In the original and (M): 'innahu' (that he). (50) In (A): 'amanahum' (their safety). (51) Omitted from (M). (52) Recorded by al-Bukhari, in: 'Chapter on Conditions in Jihad and Reconciliation with the People of War...', from the Book of Conditions. Sahih al-Bukhari 3/257, 258. And Imam Ahmad, in: al-Musnad 4/331. (53) Omitted from (A). (54) In (M): 'minhu' (from it). (55) In (B): 'lil-yawm' (for today). (56) See: what was recorded by al-Bukhari, in: 'Chapter on the Battle of Hudaybiyyah', from the Book of Military Expeditions (Maghazi). Sahih al-Bukhari 5/162.