to remain true to the covenant, nor is it permissible for us to fight them. Rather, we must declare the treaty terminated on equal terms. This is indicated by the saying of Allah, Most High:
“And if you fear betrayal from a people, then cast back their treaty to them on equal terms.” [al-Anfal: 58]
That is, declare the treaty terminated on equal terms, so that both you and they are equally aware that no treaty remains between you. This is justice, for Islam is the most upright and just of religions: so long as they remain true to us, we remain true to them; if they violate our covenant, then they have no covenant; and if we fear treachery from them, we declare the treaty terminated on equal terms, saying, “There is no treaty between us and you.” We do not catch them unawares and launch a surprise attack against them, because the basic principle is that the covenant remains in force.
His statement: “It is permissible, on condition that postponing jihad is permissible, such as due to weakness among the Muslims.” In our time, we are weak; therefore, according to the madhhab, a truce is permissible without further restriction. However, its duration must be known and specified.
His statement: “Even in necessity, with payment from us.” That is, even if the truce is concluded in exchange for payment. A truce involving payment may entail payment from them or payment from us; there is no third possibility. It is payment from them when they are weak, in which case they are pleased for us to take a financial levy from them and refrain from waging jihad against them. It is payment from us when weakness is on our side. This is why the author qualified it by saying, “with payment from us, in necessity.” This indicates a scholarly disagreement, for some scholars maintain that it is never permissible to give them money in exchange for a truce. Thus, when the Prophet, peace and blessings be upon him, consulted Sa'd ibn Ubadah and Sa'd ibn Mu'adh about giving payment in exchange for reconciliation, they refused and said, “That is not possible, O Messenger of Allah. In the Age of Ignorance, they were not able to”