enter Madinah except under a grant of safe-conduct in order to take dates. So how can we now give them dates from Madinah?” (1) The Prophet, peace and blessings be upon him, agreed with them.
Some scholars said that the Prophet’s offering this indicates that it is permissible. Other scholars said that his agreeing with the two Sa‘ds indicates that it is prohibited, and that it is humiliating for the Muslims to pay wealth to their enemy. But it may be said: surrendering wealth is less serious than being killed when the enemy is strong and we have absolutely no power to resist them. Giving up some of our wealth is less serious than having the enemy crush both us and our wealth. Thus, the entire matter returns to securing the greater interest and warding off harm. Allah does not burden any soul beyond its capacity.
His statement: “It is permissible, when needed, to stipulate the return of a man who comes from them as a Muslim.” That is, if these disbelievers stipulate that whoever comes from among them as a Muslim must be returned to them, this is a permissible condition—but only when there is a need for it. One circumstance that makes such a condition necessary is when reconciliation depends upon it. Thus, if reconciliation depends on this condition, and they say, “We will not make peace with you except on this condition,” then we may agree to it.
If someone were to say, “There is humiliation for us in this,”
we would reply: The Prophet, peace and blessings be upon him, did this by Allah’s command. Quraysh stipulated that whoever came to him from among them as a Muslim should be returned to them, and he did so. Allah then provided relief for those who came as Muslims and were returned to them, to the point that they themselves sent