In the name of Allah, the Most Gracious, the Most Merciful.
The Book of Reconciliation (Al-Sulh)
Reconciliation is a contract by which a resolution is reached between two disputing parties. It is classified into various types: reconciliation between Muslims and the people of war (Ahl al-Harb), reconciliation between the people of justice and the people of transgression (Ahl al-Baghy), and reconciliation between spouses when discord is feared between them. Allah the Almighty said: {And if two factions among the believers should fight, then make settlement between the two} (1), and He said: {And if a woman fears from her husband contempt or evasion, there is no sin upon them if they make terms of settlement between them - and settlement is best} (2). Abu Hurayrah narrated that the Messenger of Allah, may Allah bless him and grant him peace, said: "Reconciliation between Muslims is permissible, except for a reconciliation that prohibits a lawful matter or permits an unlawful one." This was recorded by al-Tirmidhi (3), who said it is a sound (hasan sahih) hadith. It is also narrated from Umar that he wrote to Abu Musa regarding the same. The Ummah has reached a consensus (4) on the permissibility of reconciliation in these types which we have mentioned, and for each one of them there is a separate chapter where its rulings are discussed. This chapter pertains to reconciliation between disputants regarding financial matters, and it is of two types: reconciliation based on admission and reconciliation based on denial. Al-Khiraqi did not
(1) Surah al-Hujurat: 9. (2) Surah al-Nisa': 128. (3) In: Chapter of what was mentioned regarding the Messenger of Allah, may Allah bless him and grant him peace, concerning reconciliation among people, from the chapters of rulings. 'Aridat al-Ahwadhi 6/104. It was also recorded by Ibn Majah, in: Chapter of Reconciliation, from the Book of Rulings. Sunan Ibn Majah 2/788. Both are from 'Amr ibn 'Awf al-Muzani. It was also recorded by Abu Dawud, in: Chapter on Reconciliation, from the Book of Judiciary. Sunan Abi Dawud 2/273. And Imam Ahmad, in: Al-Musnad 2/366. Both are from Abu Hurayrah. (4) In [copies] B and M: "The Imams".