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Vocabulary of the ḥadīth:
– bayna: an adverb meaning “in the middle” or “between.” When attached to an expression of time it functions as a temporal adverb, and when attached to an expression of place it functions as a spatial adverb.
– al-muslimūna ʿalā shurūṭihim: “the Muslims are bound by their stipulations,” that is, they stand firm upon them and do not retract them.
– illā sharṭan: illā (except) is a particle of exclusion; here the word that follows it must be in the accusative because it comes after a complete affirmative statement. -
Points derived from the ḥadīth:
1 – This noble narration brings together every type of conciliation and stipulation—sound and unsound alike—in two comprehensive clauses.
2 – The default ruling on conciliation is that it is permissible and effective, for Allah has praised it in His Book: “Reconciliation is best” (Q 4:128), and because it is a legitimate avenue for settling disputes.
3 – Excluded from this are agreements that forbid what Allah has made lawful or permit what He has forbidden; such arrangements clash with the Divine Law and contradict His command, and therefore are neither lawful nor valid.
4 – Permissible conciliation encompasses settlements over blood-money, marriage contracts, property, and other transactions in which people disagree and quarrel; conciliation is the means of bringing such matters to a close.
5 – One example is conciliation following denial: a claimant alleges a debt or a specific item, the defendant denies the claim, and then both agree to settle; the claimant accepts what is given in lieu of his claim, and the matter is resolved.
6 – Another example concerns unknown rights: two parties may have engaged in a lengthy dealing and no longer know what each owes the other; they agree to a settlement that ends the dispute, and its completion is for each to pardon the other after conciliation.
7 – Yet another case is conciliation between spouses who are at odds over marital rights—such as maintenance,