Handing in Muslims to the Kuffar; Refuting the Doubts related to the story of Abu Jandal

From the misconceptions that have also been spread in this issue is the story of the treaty of al-Hudaybiyyah, which is lengthy, however what has appeared in it as found in the Sahih:

Suhayl said: “We also stipulate that you should return to us whoever comes to you from us, even if he embraced your Deen.” The Muslims said: “SubhanAllah! How wil such a person be returned to the Mushrikeen after he has become a Muslim? While they were in this state Abu Jandal Ibn Suhayl ‘Amr came from the valley of Makkah staggering with his fetters and fell down amongst the Muslims.” Suhayl said: “O Muhammad! This is the very first term which which we make peace with you (i.e you shal return Abu Jandal to me). The Prophet said: {“The peace treaty has not been written yet.”} Suhayl said: {“I will never allow you to keep him.”} The Prophet said: {“Yes, do.”} He said: “I won’t.” Mikraz said: “We will allow you (to keep him).” Abu Jandal said: “O Muslims! Will I be returned to the Mushrikeen even though I have come as a Muslim? Don’t you see how much have suffered?”

And in the Hadith:

“When the Prophet returned to Madina, Abu Baseer, a main from the Quraysh who was Muslim came to him. They sent in his pursuit two men who said (to the Prophet): “Abide by the promise you gave us.” So, (the Prophet) handed him over to them. They took him out (of Madina) until they reached Dhaa-Hulaifah, where they dismounted; eating some dates they had with them. Abu Baseer said to one of the two men: “By Allah, O so and so, I see you have a fine sword.” The other drew it (out of the scabbard) and said: “By Allah, it is very fine and I have tried it many times.” Abu Baseer said: “Let me have a look at it.”

When the other gave it to him, he hit him with it till he died, and the other one fled until he came to Madinah and entered the Masjid running. When the Messenger of Allah saw him he said: {“This man appears to have been frightened.”} When he reached the Prophet he said: “By Allah, my companion has been killed and I would have been killed too.” Abu Baseer came and said: “O Messenger of Allah, by Allah, Allah has made you fulfil your obligations by your returning me to them, but Allah has saved me from them.” The Prophet said: {“Woe to his mother! What an excellent war kindler he would be, should he only have more supporters.”} When Abu Baseer heard that he understood that the Prophet would return him to them again, so he departed until he reached the seashore.

Abu Jandal Ibn Suhayl got himself released and joined Abu Baseer. So, no man from the Quraysh would embrace Islam except that he would follow Abu Baseer until they formed a strong group. By Allah, they would not hear about a caravan of the Quraysh heading towards Shaam, except that they would stop it and attack and kill them and take their wealth. So the people of Quraysh sent a message to the Prophet pleading with him for the sake of Allah and the relations of the womb to send for (Abu Baseer and his companions) promising that whoever (amongst them) came to the Prophet would be secure. So the Prophet sent them.”

The People of Misconception [And Shubha (Doubts)] said: “The Messenger of Allah (sal Allahu alayhi wasallam) returned the Muslims to the Kuffar and in this there is evidence for the permissibility for the likes of that.”

The Response:

This Hadith is also from the clearest proofs against them and from the strongest in making clear their falsehood from various angles:

The First Angle

As for him returning the Muslims to the Kuffar, then this is an action that is particularly reserved for the Messenger (sal Allahu alayhi wasallam) and it does not extend to others besides him. What proves his particularization (in that) is what is in the Sahih from Anas that when the companions asked the Prophet (sal Allahu alayhi wasallam) about this matter he said: {“Verily whoever went from us to them then Allah will distance him and whoever comes to us from them then Allah will make for them and opening or a way out.”}
He mentioned that whoever he returned to them then Allah will make for them an opening and a way out and this is definite and it is not known except through revelation. In this, there is a proof of its impermissibility for other than him, because no one knows that Allah will make an opening for the one whom he hands over to the Kuffar.

Ibn Hazm mentioned this misconception of the one who used this Hadith as an evidence from returning a Muslim to the Kuffar. He mentioned some angles in refuting and from what he said: {“The Prophet (sal Allahu alayhi wasallam) did not return any one from the Muslims to the Kuffar in that time period except that Allah informed him that they would not be put to trial in their Deen or worldy life and that they shall be saved inevitably..”}

The he mentioned the previous Hadith of Anas

Ibn Hazm said: {“Allah described his Prophet (sal Allahu alayhi wasallam)… “He does not speak from his own desire. It is only revelation revealed to him.” – So we are certain that the information of the Prophet (sal Allahu alayhi wasallam) (stating) that whoever came to him from among the Quraysh as a Muslim, then Allah would make an opening and way for him, (we are certain that this) was revelation from Allah that was correct without any discrepancy in it. The protection from difficulties in the would and in the hereafter for the one who came to him from them until his safety from the hands of the Kuffar is completed (this) is correct without a doubt. No Muslim who investigated this well would hold doubt in that. No one from the people know this matter after the Prophet (sal Allahu alayhi wasallam) and it is not permissible for the Muslim to place that condition or carry it out if it is put as a condition for there is not with him from knowledge of the unseen what Allah the Most High has revealed to His Messenger, and success is by Allah.”} [al-Akham min Usul al-Ahkam 5/26]

Ibn al-Arabi said: {“As for his contract (stating that) he would return whoever embraced Islam to them, then that is not permissible for anyone after the Prophet (sal Allahu alayhi wasallam) and it was only allowed for him because of what He (Allah) knew in that of wisdom and what He decreed from benefit and made apparent after that of good end and praiseworthy effect in Islam to the point that the Kuffar were pleased with dropping it and interceding in its provisions (removing it).”} [Ahkam al-Quran 4/1788]

The Second Angle

If we were to submit that it is not particular to the Prophet (sal Allahu alayhi wasallam) then, in that case, it is only valid (coming) from the one whose condition and situation is like the situation of the Prophet (sal Allahu alayhi wasallam) and in his Jihad against the Kuffar, spread of Islam, concern for Da’wah, establishment of the commands of Allah the Most High, and Bara’ah from Kufr and it’s people. For he did not accept these conditions with the intent of harming the Mujahideen or plotting against them or clinging to the worldly life and leaning towards it, nor out of “honouring the relations” with the Kuffar of Makkah, nor in alliance with them and far indeed he is (sal Allahu alayhi wasallam) from all of that. On the contrary, he did not accept that save for the benefit of Islam and the Muslims, and so that he could focus on Da’wah unto Allah the Most High, Jihad in his case, to spread Islam and to open Khaybar and he participated in numerous battles and corresponded with the kings of his era and invited them to Islam – and other various forms of clear benefits in the Deen.

The Third Angle

In the course of the Messenger’s (sal Allahu alayhi wasallam) fulfilment of this condition, he did not strike an alliance between himself and the Kuffar to wage war against the “terrorists” wherein he establishes “agreements” with them for their “apprehension”, not disavowing himself from them, on the contrary, he left them and was informed that Allah shall make an opening for them (the Muslims) and he used to supplicate for them while remaining upon his Bara’ah against the Kafireen. The most that it is in this matter is that he left them to those who came for them while, not assisting them against them as shall be mentioned soon Allah willing in the words about Abu Baseer.

The Fourth Angle

Abu Baseer (radiyAllahu anhu) killed a messenger and according to the Quraysh, he carried out two atrocious things:

The First One: The treaty that was between them and the Prophet (sal Allahu alayhi wasallam) in which they were not to fight within it.

The Second One: Killing a messenger. Messengers were not to be killed according to the “international custom” in that time and (that) has been confirmed by Islam.

Despite that, the Messenger (sal Allahu alayhi wasallam) did not “strongly condemn” or “criticize” or “attack” or “declare his disavowal” before Allah from what Abu Baseer did. Nor did he make this action of his “terrorism” or a “violation of treaties and international relations” because the contract that was between them and the Messenger (sal Allahu alayhi wasallam) was not binding upon Abu Baseer (radiyAllahu anhu).

The Fifth Angle

The Prophet (sal Allahu alayhi wasallam) did not assist the second Kafir messenger of the Quraysh after his companion was killed nor did he order the Muslims to apprehend Abu Baseer (radiyallahu anhu) and send him under armed guard to Makkah after his killing of the first messenger, rather, he left the two in fulfilment of the condition and that is not from Mudhaaharah at all.

The Sixth Angle

The Prophet (sal Allahu alayhi wasallam) said to Abu Basir: “Woe to his mother would that he had kindled a war if there was anyone with him” And in a narration: “If he had with him men.” Al-Hafidh said: {“In that there was a hint for him to flee so that he would not have to return him to the Mushrikeen and (it was) a subtle clue to whosoever that reaches from the Muslims to join him.”} [Fath al-Bari 5/350]

The Seventh Angle

Abu Baseer and Abu Jandal and their likes from the Muslims went to the sea coast and began to kill whoever they saw from the Kuffar of the Quraysh and take their wealth and the Messenger (sal Allahu alayhi wasallam) did not censure this action from them nor did he “criticize” or “strongly condemn” them.

The Eight Angle

The Messenger (sal Allahu alayhi wasallam) did not co-operate with the Kuffar of Quraysh and establish with them a “coalition” for countering the “terrorism” of Abu Baseer and those with him against the Kuffar of the Quraysh and he did not help them with anything – and far removed is he (sal Allahu alayhi wasallam) from that.

The Ninth Angle

The proof is established that the Messenger (sal Allahu alayhi wasallam) was pleased with the action of Abu Basir and those with him and his pleasure with it of it is from the three angles:

One: He did not censure him for killing the Messenger and if that was wrong he would have condemned it, and delay of the clarification in the time of need is not permissible. [This is a principle in the Deen of Islam. It is not allowed for the Prophet (sal Allahu alayhi wasallam) to withhold from clarifying the ruling of a certain issue until long after it occurred. As a part of his Messengership, he would clarify the ruling on any particular matter the moment that it occurred.]

Ibn Hazm said: {“Here, Abu Baseer, Abu Jandal and those with them from the Muslims shed the blood and seized the wealth of the Quraysh that were in a treaty with the Messenger of Allah (sal Allahu alayhi wasallam) and he did not forbidden them from that nor were they disobedient by that. There is no doubt that the Messenger (sal Allahu alayhi wasallam) was capable of preventing them if he had forbade them but he did not do so.”} [al-Ikham min Usul al-Ahkam 5/126]

Two: His statement {“Woe to his mother would that he had with him anyone.”} And the words of al-Hafidh have already preceeded

Three: He did not send them away when they terrorized the Quraysh and shed the blood of some of them and took their wealth nor did he forbid them. If he believed that they were mistaken in their action he would’ve forbade them and if he was to have forbade them from doing anything they would have desisted so since he did not forbid them that is proof if his pleasure with their action.

The Sheikh (Nasser al-Fahd May Allah release him) ends the refutation of this Shubha by quoting Sheikh Abdur-Rahman Ibn Hasan Aal-ash-Sheikh [with the other issue of those who make an Imam a condition for Jihad] with: By what book and by what Ayah does there contain an evidence that Jihad is not obligatory except with an Imam that is followed!?

Extract from – The Disposition of those who assist the Americans: The Esteemed Sheikh, Nasser Ibn Hamad al-Fahd [Full Document will be released soon]