the Most High:

“And if any of the polytheists seeks your protection, then grant him protection so that he may hear the words of Allah. Then convey him to his place of safety.” [al-Tawbah 9:6]

However, this is conditional upon our not fearing that he has said this merely as a ruse or out of treachery. If we fear this, then we do not grant him safe-conduct, because his evil is feared.

His statement, “A truce is a contract made by the imam or his deputy to cease fighting for a specified period, even if it is long, according to the need”: what he says here does not contradict his earlier statement. The earlier discussion concerned only the granting of safe-conduct, whereas here he is discussing an agreement made between the imam and the disbelievers, as the Prophet ﷺ did at al-Hudaybiyyah (1).

By stipulating, “a contract made by the imam or his deputy,” the author means that a truce may be concluded only by the imam or his deputy. It is known that the imam is the one vested with general authority over all Muslims, but this has been absent for a long time. The Muslims have accepted the situation as it stands and have said: every person is the ruler of the lands under his control, and obedience to him is obligatory—as al-San‘ani mentioned in Subul al-Salam, as did other scholars.

His statement, “to cease fighting for a specified period”: it is not valid for one to say, “We have made a treaty with you for a period during which we shall not fight you,” because this is unspecified; it must be specified.

Likewise, if he says, “We shall conclude a truce between us until we have the strength to fight,” it is not valid, because it is unspecified.

His statement, “even if it is long, but according to the need”: the word “even if” indicates a point of scholarly disagreement;