Surah 9 and the Treaty of Hudaybiyya

mhamzah

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Tafsir Ibn Kathir 9:1 - 9:8

Tafsir Ibn Kathir 9:1


Allah said,


[بَرَآءَةٌ مِّنَ اللَّهِ وَرَسُولِهِ]


(Freedom from obligations from Allah and His Messenger ()), is a declaration of freedom from all obligations from Allah and His Messenger ,


[إِلَى الَّذِينَ عَاهَدْتُمْ مِّنَ الْمُشْرِكِينَفَسِيحُواْ فِى الاٌّرْضِ أَرْبَعَةَ أَشْهُرٍ]


(to those of the Mushrikin, with whom you made a treaty. So travel freely (Mushrikin) for four months (as you will) throughout the land) [9:1-2]. This Ayah refers to idolators who had indefinite treaties and those, whose treaties with Muslims ended in less than four months. The terms of these treaties were restricted to four months only. As for those whose term of peace ended at a specific date later (than the four months), then their treaties would end when their terms ended, no matter how long afterwards, for Allah said,


[فَأَتِمُّواْ إِلَيْهِمْ عَهْدَهُمْ إِلَى مُدَّتِهِمْ]


(So fulfill their treaty for them until the end of their term)[9:4]. So whoever had a coventant with Allah's Messenger then it would last until its period expired, this was reported from Muhammad bin Ka`b Al-Qurazi and others. We will also mention a Hadith on this matter. Abu Ma`shar Al-Madani said that Muhammad bin Ka`b Al-Qurazi and several others said, "The Messenger of Allah sent Abu Bakr to lead the Hajj rituals on the ninth year (of Hijrah). He also sent `Ali bin Abi Talib with thirty or forty Ayat from Bara'ah (At-Tawbah), and he recited them to the people, giving the idolators four months during which they freely move about in the land. He recited these Ayat on the day of `Arafah (ninth of Dhul-Hijjah). The idolators were given twenty more days (till the end) of Dhul-Hijjah, Muharram, Safar, Rabi` Al-Awwal and ten days from Rabi` Ath-Thani. He proclaimed to them in their camping areas, `No Mushrik will be allowed to perform Hajj after this year, nor a naked person to perform Tawaf around the House.''' So Allah said,


[وَأَذَانٌ مِّنَ اللَّهِ وَرَسُولِهِ إِلَى النَّاسِ يَوْمَ الْحَجِّ الاٌّكْبَرِ أَنَّ اللَّهَ بَرِىءٌ مِّنَ الْمُشْرِكِينَ وَرَسُولُهُ فَإِن تُبْتُمْ فَهُوَ خَيْرٌ لَّكُمْ وَإِن تَوَلَّيْتُمْ فَاعْلَمُواْ أَنَّكُمْ غَيْرُ مُعْجِزِى اللَّهِ وَبَشِّرِ الَّذِينَ كَفَرُواْ بِعَذَابٍ أَلِيمٍ ]


(3. And a declaration from Allah and His Messenger to mankind on the greatest day of Hajj that Allah is free from obligations to the Mushrikin and so is His Messenger. So if you repent, it is better for you, but if you turn away, then know that you cannot escape Allah. And give tidings of a painful torment for those who disbelieve. )

Allah says, this is a declaration,


[مِّنَ اللَّهِ وَرَسُولِهِ]


(from Allah and His Messenger), and a preface warning to the people,


[يَوْمَ الْحَجِّ الاٌّكْبَرِ]


(on the greatest day of Hajj), the day of Sacrifice, the best and most apparent day of the Hajj rituals, during which the largest gathering confers.


[أَنَّ اللَّهَ بَرِىءٌ مِّنَ الْمُشْرِكِينَ وَرَسُولُهُ]


(that Allah is free from (all) obligations to the Mushrikin and so is His Messenger.) also free from all obligations to them. Allah next invites the idolators to repent,


[فَإِن تُبْتُمْ]


(So if you repent), from the misguidance and Shirk you indulge in,


[فَهُوَ خَيْرٌ لَّكُمْ وَإِن تَوَلَّيْتُمْ]


(it is better for you, but if you turn away), and persist on your ways,


[فَاعْلَمُواْ أَنَّكُمْ غَيْرُ مُعْجِزِى اللَّهِ]


(then know that you cannot escape Allah) Rather, Allah is capable over you, and you are all in His grasp, under His power and will,


[وَبَشِّرِ الَّذِينَ كَفَرُواْ بِعَذَابٍ أَلِيمٍ]


(And give tidings of a painful torment for those who disbelieve) earning them disgrace and affliction in this life and the torment of chains and barbed iron bars in the Hereafter. Al-Bukhari recorded that Abu Hurayrah said, "Abu Bakr sent me during that Hajj with those dispatched on the day of Sacrifice to declare in Mina that no Mushrik will be allowed to attend Hajj after that year, nor will a naked person be allowed to perform Tawaf.'' Humayd said, "The Prophet then sent `Ali bin Abi Talib and commanded him to announce Bara'ah.'' Abu Hurayrah said, "Ali publicized Bara'ah with us to the gathering in Mina on the day of Sacrifice, declaring that no Mushrik shall perform Hajj after that year, nor shall a naked person perform Tawaf around the House.'' Al-Bukhari also collected this Hadith the this narration of which, Abu Hurayrah said, "On the day of Nahr, Abu Bakr sent me along with other announcers to Mina to make a public announcement that `No pagan is allowed to perform Hajj after this year, and no naked person is allowed to perform the Tawaf around the Ka`bah.' Abu Bakr was leading the people in that Hajj season, and in the year of `The Farewell Hajj' when the Prophet performed Hajj, no Mushrik performed Hajj.''' This is the narration that Al-Bukhari recorded in the Book on Jihad. Muhammad bin Ishaq reported a narration from Abu Ja`far Muhammad bin `Ali bin Al-Husayn who said, "When Bara'ah was revealed to Allah's Messenger , and he had sent Abu Bakr to oversee the Hajj rites for the people, he was asked, `O Messenger of Allah! Why not send this [message] to Abu Bakr' So he said,


«لَا يُؤَدِّي عَنِّي إِلَّا رَجُلٌ مِنْ أَهْلِ بَيْتِي»


(It will not be accepted to have been from me if it is not from a man from my family.) Then he called for `Ali and said to him,


«اخْرُجْ بِهذِهِ الْقِصَّةِ مِنْ صَدْرِ بَرَاءَةَ وَأَذِّنْ فِي النَّاسِ يَوْمَ النَّحْرِ إِذَا اجْتَمَعُوا بِمِنًى، أَنَّهُ لَا يَدْخُلُ الْجَنَّةَ كَافِرٌ، وَلَا يَحُجُّ بَعْدَ الْعَامِ مُشْرِكٌ، وَلَا يَطُوفُ بِالْبَيْتِ عُرْيَانٌ، وَمَنْ كَانَ لَهُ عِنْدَ رَسُولِ اللهِ صلى الله عليه وسلّم عَهْدٌ فَهُوَ لَهُ إِلَى مُدَّتِه»


(Take this section from the beginning of Bara'ah and proclaim to the people on the day of the Sacrifice while they are gathered at Mina that no disbeliever will enter Paradise, no idolator will be permitted to perform Hajj after the year, there will be no Tawaf while naked, and whoever has a covenant with Allah's Messenger, then it shall be valid until the time of its expiration.) `Ali rode the camel of Allah's Messenger named Al-`Adba' until he caught up with Abu Bakr in route. When Abu Bakr saw him he said, `Are you here as a commander or a follower.' `Ali replied, `A follower.' They continued on. Abu Bakr lead the people in Hajj while the Arabs were camping in their normal locations from Jahiliyyah. On the day of Sacrifice, `Ali bin Abi Talib stood and proclaimed, `O people! No disbeliever will be admitted into Paradise, no idolator will be permitted to perform Hajj next year, there shall be no Tawaf while naked, and whoever has a covenant with Allah's Messenger , then it shall be valid until its time of expiration.' So no idolator performed Hajj after that year, Tawaf around the House while naked ceased. Then they returned to Allah's Messenger . So this was the declaration of innocence, whoever among the idolators had no treaty, then he had a treaty of peace for one year, if he had a particular treaty, then it was valid until its date of expiration.''


[إِلاَّ الَّذِينَ عَـهَدتُّم مِّنَ الْمُشْرِكِينَ ثُمَّ لَمْ يَنقُصُوكُمْ شَيْئاً وَلَمْ يُظَـهِرُواْ عَلَيْكُمْ أَحَداً فَأَتِمُّواْ إِلَيْهِمْ عَهْدَهُمْ إِلَى مُدَّتِهِمْ إِنَّ اللَّهَ يُحِبُّ الْمُتَّقِينَ ]


(4. Except those of the Mushrikin with whom you have a treaty, and who have not subsequently failed you in aught, nor have supported anyone against you. So fulfill their treaty for them until the end of their term. Surely, Allah loves those who have Taqwa.)

Existing Peace Treaties remained valid until the End of Their Term


This is an exception regulating the longest extent of time for those who have a general treaty - with out time mentioned - to four months. They would have four months to travel the lands in search of sanctuary for themselves wherever they wish. Those whose treaty mentioned a specifec limited term, then the longest it would extend was to the point of its agreed upon termination date. Hadiths in this regard preceeded. So anyone who had a treaty with Allah's Messenger , it lasted until its specific termination date. However, those in this category were required to refrain from breaking the terms of the agreement with Muslims and from helping non-Muslims against Muslims. This is the type whose peace agreement with Muslims was carried out to its end. Allah encouraged honoring such peace treaties, saying,


[إِنَّ اللَّهَ يُحِبُّ الْمُتَّقِينَ]


(Surely, Allah loves those who have Taqwa) [9:4], who keep their promises.


[فَإِذَا انسَلَخَ الأَشْهُرُ الْحُرُمُ فَاقْتُلُواْ الْمُشْرِكِينَ حَيْثُ وَجَدتُّمُوهُمْ وَخُذُوهُمْ وَاحْصُرُوهُمْ وَاقْعُدُواْ لَهُمْ كُلَّ مَرْصَدٍ فَإِن تَابُواْ وَأَقَامُواْ الصَّلَوةَ وَءاتَوُاْ الزَّكَوةَ فَخَلُّواْ سَبِيلَهُمْ إِنَّ اللَّهَ غَفُورٌ رَّحِيمٌ ]


(5. So when the Sacred Months have passed, then fight the Mushrikin wherever you find them, and capture them and besiege them, and lie in wait for them in each and every ambush. But if they repent and perform the Salah, and give the Zakah, then leave their way free. Verily, Allah is Oft-Forgiving, Most Merciful.)

This is the Ayah of the Sword


Mujahid, `Amr bin Shu`ayb, Muhammad bin Ishaq, Qatadah, As-Suddi and `Abdur-Rahman bin Zayd bin Aslam said that the four months mentioned in this Ayah are the four-month grace period mentioned in the earlier Ayah,


[فَسِيحُواْ فِى الاٌّرْضِ أَرْبَعَةَ أَشْهُرٍ]


(So travel freely for four months throughout the land.) Allah said next,


[فَإِذَا انسَلَخَ الأَشْهُرُ الْحُرُمُ]


(So when the Sacred Months have passed...), meaning, `Upon the end of the four months during which We prohibited you from fighting the idolators, and which is the grace period We gave them, then fight and kill the idolators wherever you may find them.' Allah's statement next,


[فَاقْتُلُواْ الْمُشْرِكِينَ حَيْثُ وَجَدتُّمُوهُمْ]


(then fight the Mushrikin wherever you find them), means, on the earth in general, except for the Sacred Area, for Allah said,


[وَلاَ تُقَـتِلُوهُمْ عِندَ الْمَسْجِدِ الْحَرَامِ حَتَّى يُقَـتِلُوكُمْ فِيهِ فَإِن قَـتَلُوكُمْ فَاقْتُلُوهُمْ]


(And fight not with them at Al-Masjid Al-Haram, unless they fight you there. But if they attack you, then fight them. )[2:191] Allah said here,


[وَخُذُوهُمْ]


(and capture them), executing some and keeping some as prisoners,


[وَاحْصُرُوهُمْ وَاقْعُدُواْ لَهُمْ كُلَّ مَرْصَدٍ]


(and besiege them, and lie in wait for them in each and every ambush), do not wait until you find them. Rather, seek and besiege them in their areas and forts, gather intelligence about them in the various roads and fairways so that what is made wide looks ever smaller to them. This way, they will have no choice, but to die or embrace Islam,


[فَإِن تَابُواْ وَأَقَامُواْ الصَّلَوةَ وَءاتَوُاْ الزَّكَوةَ فَخَلُّواْ سَبِيلَهُمْ إِنَّ اللَّهَ غَفُورٌ رَّحِيمٌ]


(But if they repent and perform the Salah, and give the Zakah, then leave their way free. Verily, Allah is Oft-Forgiving, Most Merciful.) Abu Bakr As-Siddiq used this and other honorable Ayat as proof for fighting those who refrained from paying the Zakah. These Ayat allowed fighting people unless, and until, they embrace Islam and implement its rulings and obligations. Allah mentioned the most important aspects of Islam here, including what is less important. Surely, the highest elements of Islam after the Two Testimonials, are the prayer, which is the right of Allah, the Exalted and Ever High, then the Zakah, which benefits the poor and needy. These are the most honorable acts that creatures perform, and this is why Allah often mentions the prayer and Zakah together. In the Two Sahihs, it is recorded that Ibn `Umar said that the Messenger of Allah said,


«أُمِرْتُ أَنْ أُقَاتِلَ النَّاسَ حَتَّى يَشْهَدُوا أَنْ لَا إِلَهَ إِلَّا اللهُ وَأَنَّ مُحَمَّدًا رَسُولُ اللهِ وَيُقِيمُوا الصَّلَاةَ وَيُؤْتُوا الزَّكَاة»


(I have been commanded to fight the people until they testify that there is no deity worthy of worship except Allah and that Muhammad is the Messenger of Allah, establish the prayer and pay the Zakah.) This honorable Ayah (9:5) was called the Ayah of the Sword, about which Ad-Dahhak bin Muzahim said, "It abrogated every agreement of peace between the Prophet and any idolator, every treaty, and every term.'' Al-`Awfi said that Ibn `Abbas commented: "No idolator had any more treaty or promise of safety ever since Surah Bara'ah was revealed. The four months, in addition to, all peace treaties conducted before Bara'ah was revealed and announced had ended by the tenth of the month of Rabi` Al-Akhir.''


[وَإِنْ أَحَدٌ مِّنَ الْمُشْرِكِينَ اسْتَجَارَكَ فَأَجِرْهُ حَتَّى يَسْمَعَ كَلاَمَ اللَّهِ ثُمَّ أَبْلِغْهُ مَأْمَنَهُ ذَلِكَ بِأَنَّهُمْ قَوْمٌ لاَّ يَعْلَمُونَ ]


(6. And if anyone of the Mushrikin seeks your protection then grant him protection so that he may hear the Word of Allah (the Qur'an) and then escort him to where he can be secure, that is because they are men who know not.)

Idolators are granted Safe Passage if They seek It


Allah said to His Prophet, peace be upon him,


[وَإِنْ أَحَدٌ مِّنَ الْمُشْرِكِينَ]


(And if anyone of the Mushrikin), whom you were commanded to fight and We allowed you their blood and property,'


[اسْتَجَارَكَ]


(seeks your protection), asked you for safe passage, then accept his request until he hears the Words of Allah, the Qur'an. Recite the Qur'an to him and mention a good part of the religion with which you establish Allah's proof against him,


[ثُمَّ أَبْلِغْهُ مَأْمَنَهُ]


(and then escort him to where he can be secure) and safe, until he goes back to his land, his home, and area of safety,


[ذَلِكَ بِأَنَّهُمْ قَوْمٌ لاَّ يَعْلَمُونَ]


(that is because they are men who know not.) The Ayah says, `We legislated giving such people safe passage so that they may learn about the religion of Allah, so that Allah's call will spread among His servants. Ibn Abi Najih narrated that Mujahid said that this Ayah, "Refers to someone who comes to you to hear what you say and what was revealed to you (O Muhammad). Therefore, he is safe until he comes to you, hears Allah's Words and then proceeds to the safe area where he came from.'' The Messenger of Allah used to thereafter grant safe passage to those who came to him for guidance or to deliver a message. On the day of Hudaybiyyah, several emissaries from Quraysh came to him, such as `Urwah bin Mas`ud, Mikraz bin Hafs, Suhayl bin `Amr and several others. They came mediating between him and the Quraysh pagans. They witnessed the great respect the Muslims had for the Prophet , which astonished them, for they never before saw such respect for anyone, kings nor czars. They went back to their people and conveyed this news to them; this, among other reasons, was one reason that most of them accepted the guidance. When Musaylimah the Liar sent an emissary to the Messenger of Allah, he asked him, "Do you testify that Musaylimah is a messenger from Allah'' He said, "Yes.'' The Messenger of Allah said,


«لَوْلَا أَنَّ الرُّسُلَ لَا تُقْتَلُ لَضَرَبْتُ عُنُقَك»


(I would have cut off your head, if it was not that emissaries are not killed.) That man, Ibn An-Nawwahah, was later beheaded when `Abdullah bin Mas`ud was the governor of Al-Kufah. When it became known that he still testified that Musaylimah was a messenger from Allah, Ibn Mas`ud summoned him and said to him, "You are not delivering a message now!'' He commanded that Ibn An-Nawwahah be decapitated, may Allah curse him and deprive him of His mercy. In summary, those who come from a land at war with Muslims to the area of Islam, delivering a message, for business transactions, to negotiate a peace treaty, to pay the Jizyah, to offer an end to hostilities, and so forth, and request safe passage from Muslim leaders or their deputies, should be granted safe passage, as long as they remain in Muslim areas, until they go back to their land and sanctuary.


[كَيْفَ يَكُونُ لِلْمُشْرِكِينَ عَهْدٌ عِندَ اللَّهِ وَعِندَ رَسُولِهِ إِلاَّ الَّذِينَ عَـهَدْتُمْ عِندَ الْمَسْجِدِ الْحَرَامِ فَمَا اسْتَقَـمُواْ لَكُمْ فَاسْتَقِيمُواْ لَهُمْ إِنَّ اللَّهَ يُحِبُّ الْمُتَّقِينَ ]


(7. How can there be a covenant with Allah and with His Messenger for the Mushrikin except those with whom you made a covenant near Al-Masjid Al-Haram (at Makkah) So long as they are true to you, stand you true to them. Verily, Allah loves those who have Taqwa.)

Affirming the Disavowel of the Idolators


Allah mentions the wisdom in dissolving all obligations to the idolators and giving them a four month period of safety, after which they will meet the sharp sword wherever they are found,


[كَيْفَ يَكُونُ لِلْمُشْرِكِينَ عَهْدٌ]


(How can there be a covenant for the Mushrikin), a safe resort and refuge, while they persist in Shirk with Allah, and disbelief in Him and His Messenger,


[إِلاَّ الَّذِينَ عَـهَدْتُمْ عِندَ الْمَسْجِدِ الْحَرَامِ]


(except those with whom you made a covenant near Al-Masjid Al-Haram), on the day of Hudaybiyyah. Allah said in another Ayah [concerning the day of Hudaybiyyah],


[هُمُ الَّذِينَ كَفَرُواْ وَصَدُّوكُمْ عَنِ الْمَسْجِدِ الْحَرَامِ وَالْهَدْىَ مَعْكُوفاً أَن يَبْلُغَ مَحِلَّهُ]


(They are the ones who disbelieved and hindered you from Al-Masjid Al-Haram and detained the sacrificial animals, from reaching their place of sacrifice.) [48:25] Allah said next,


[فَمَا اسْتَقَـمُواْ لَكُمْ فَاسْتَقِيمُواْ لَهُمْ]


(So long as they are true to you, stand you true to them.), if they keep the terms of the treaties you conducted with them, including peace between you and them for ten years,


[فَاسْتَقِيمُواْ لَهُمْ إِنَّ اللَّهَ يُحِبُّ الْمُتَّقِينَ]


(then stand you true to them. Verily, Allah loves those who have Taqwa.) The Messenger of Allah and the Muslims preserved the terms of the treaty with the people of Makkah from the month of Dhul-Qa`dah in the sixth year [of Hijrah], until the Quraysh broke it and helped their allies, Banu Bakr, against Khuza`ah, the allies of Allah's Messenger . Aided by the Quraysh, Banu Bakr killed some of Bani Khuza`ah in the Sacred Area! The Messenger of Allah led an invasion army in the month of Ramadan, of the eighth year, and Allah opened the Sacred Area for him to rule over them, all thanks are due to Allah. The Messenger of Allah freed the Quraysh who embraced Islam after they were overpowered and defeated. These numbered around two thousands, and they were refered to by the name `Tulaqa' afterwards. Those among them who remained in disbelief and ran away from Allah's Messenger were sent promises of safe refuge for four months, during which they were allowed to move about freely. They included Safwan bin Umayyah, `Ikrimah bin Abi Jahl and many others. Allah later on guided them to Islam, and they became excellent believers. Surely, Allah is worthy of all praise for all His actions and decrees.


[كَيْفَ وَإِن يَظْهَرُوا عَلَيْكُمْ لاَ يَرْقُبُواْ فِيكُمْ إِلاًّ وَلاَ ذِمَّةً يُرْضُونَكُم بِأَفْوَهِهِمْ وَتَأْبَى قُلُوبُهُمْ وَأَكْثَرُهُمْ فَـسِقُونَ ]


(8. How When if you are overpowered by them, they regard not the ties, either of kinship, (Ill) or of covenant (Dhimmah) With their mouths they please you, but their hearts are averse to you, and most of them are rebellious.)

Allah encourages the believers to show enmity to the idolators and to dissociate from them, affirming that they do not deserve to enjoy a covenant of peace, because of their Shirk in Allah and disbelief in Allah's Messenger .


If these disbelievers have a chance to defeat Muslims, they will cause great mischief, leave nothing unharmed, disregard the ties of kinship and the sanctity of their vows. `Ali bin Abi Talhah, `Ikrimah and Al-`Awfi narrated that Ibn `Abbas said, "Ill means kinship, while, Dhimmah means covenant.'' Ad-Dahhak and As-Suddi said similarly.
 
it says

"[إِلاَّ الَّذِينَ عَـهَدْتُمْ عِندَ الْمَسْجِدِ الْحَرَامِ]


(except those with whom you made a covenant near Al-Masjid Al-Haram), on the day of Hudaybiyyah. Allah said in another Ayah [concerning the day of Hudaybiyyah],"

does that mean 9:1 to 9:6 is not talking about Hudaybiyyah
 
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