How do we reconcile the condition of the Treaty of Hudaybiyyah concerning the return of a Muslim who came to the Prophet (peace be upon him) without the permission of his guardian, with the prohibition of surrendering a believer to a disbeliever? And is this specific to the Prophet, or is it a general ruling?
Scholars have differed on the permissibility of stipulating the return of a Muslim after making peace with the disbelievers. The Hanafis are of the opinion that it is not permissible, while the Hanbalis and Shafi'is consider it permissible. Some Shafi'is stipulated the presence of a tribe to protect the returned Muslim, while others believe that this applies exclusively to the Prophet (peace be upon him) and to Mecca. The correct view is the permissibility of peace treaties that include the return of men, as it is affirmed by his (peace be upon him) action, and nothing abrogates or specifies it. There is no contradiction between this and the obligation to support a Muslim, because conciliation is based on the general welfare of Islam. The Prophet (peace be upon him) explained the wisdom behind this, stating that Allah would provide relief and a way out for the returned Muslims.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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