Section Five: Determining the Numerical Ratio That Makes Retreat Unlawful
As for the number of enemy troops from whom it is impermissible to flee, the jurists agree that it is twice one’s own force. There is consensus on this point, based on the Almighty’s words:
“Now Allah has lightened the burden for you, and He knows that weakness exists within you.” (al-Anfāl 8:66)
Ibn al-Mājishūn—relating the view from Mālik—held that “twice the force” should be assessed in terms of strength rather than mere numbers. According to him, a single Muslim may withdraw from a single opponent if that opponent possesses a faster mount, superior weapons, and greater physical power.
Section Six: The Permissibility of Truce (Muhādana)
With regard to entering into a truce, some scholars permit the imam to initiate one without any external cause whenever he judges it beneficial for the Muslims. Others allow it only in cases of pressing necessity that afflicts the Muslims—whether turmoil or some other hardship—stipulating that the truce may involve taking something from the enemy (not under the heading of jizyah, for jizyah is levied only when Islamic rule is in force over them) or involve no payment at all.
Al-Awzāʿī permitted the imam to conclude peace with the unbelievers on terms that require the Muslims themselves to pay something to them, provided a compelling necessity—such as civil strife or any comparable exigency—demands it.
Al-Shāfiʿī said: The Muslims may not give the unbelievers anything unless they fear extermination because the enemy far outnumbers them, or a calamity has befallen them.
Scholars who allow a truce whenever the imam deems it advantageous include Mālik, al-Shāfiʿī, and Abū Ḥanīfah. Al-Shāfiʿī, however, restricts the duration of such a treaty to no more than the term for which the Messenger of Allah—peace and blessings be upon him—made peace with the unbelievers at Ḥudaybiyah.
Their disagreement over permitting a truce absent necessity turns on the apparent tension between the Qur’anic commands:
“When the sacred months have passed, kill the polytheists wherever you find them.” (al-Tawbah 9:5)
“Fight those who do not believe in Allah nor in the Last Day.” (al-Tawbah 9:29)
and the verse:
“If they incline to peace, then incline to it as well, and place your trust in Allah; surely He is the All-Hearing, the All-Knowing.” (al-Anfāl 8:61)
Whoever considers the verses commanding combat until they embrace Islam or pay the jizyah to have abrogated the verse of peace says that a truce is lawful only in cases of necessity. Conversely, whoever views the peace verse as a specific exception to those commands deems a truce permissible whenever the imam judges it beneficial, supporting this interpretation with the Prophet’s own treaty at Ḥudaybiyah—peace and blessings be upon him—which was not concluded out of dire necessity.
For al-Shāfiʿī, the default ruling is to fight until they accept Islam or pay the jizyah; the Prophet’s action at Ḥudaybiyah constitutes a specific limitation. Hence, he allows no treaty longer than the term agreed upon there. Scholars differ over that term: some say four years, others three, and still others ten—this last being the view adopted by al-Shāfiʿī.
Those who permit the Muslims, in case of dire need—whether turmoil or anything comparable—to make peace with the idolaters on terms that oblige the Muslims to pay something rely on the report that the Prophet—peace