1- Muslims violated the treaty by refusing to send believing women back !
The Hudaybeya treaty was at the end signed stipulating that both sides will
cease fighting, and if any of the Quraysh’s men were coming over to the
Muslims, they had to send them back. And if a Muslim man came to the
Quraysh’s side, they would not be sent back to Muhammed. In this, all
parties agreed.
As the evidence shows, the Quraysh specified in the
treaty that it was binding on men only. Women were not part of this.
This was very evident too in Abu Dawud Hadith 2, #2759, we find that
the agreement of the treaty was in regards to men. Women were not part
of this.
"...Suhail then said: And that a MAN WILL NOT COME TO YOU FROM US, even if HE follows your religion, without you sending him back to us..."
وَعَلَى أَنَّهُ لاَ يَأْتِيكَ مِنَّا رَجُلٌ وَإِنْ كَانَ عَلَى دِينِكَ إِلاَّ رَدَدْتَهُ إِلَيْنَا
Bare in mind that the incident of Umm Kulthum and treaty happened hours
or days from each other. This is one of the reasons the Quraysh did not
make a big fuss because the treaty agreement specified men only. They
continued the treaty agreement for nearly two years. If the Quraysh did
believe that the Prophet (p) broke the treaty, they would not have
continued the treaty agreement for two years until the incident of Banu Bakr, and Banu Khuza’a tribe occurred. (Source 1, Source 2)
2- Muslims were murdering Meccans after the treaty signing and prior to the revenge killings between the allied tribes!
The "Muslims" referred to here have a story:
When the Prophet (ﷺ) returned to Medina, Abu Basir, a new Muslim convert from Quraish came to him. The Infidels sent in his pursuit two men who said (to the Prophet (ﷺ) ), "Abide by the promise you gave us." So, the Prophet (ﷺ) handed him over to them. They took him out (of the City) till they reached Dhul-Hulaifa where they dismounted to eat some dates they had with them. Abu Basir said to one of them, "By Allah, O so-and-so, I see you have a fine sword." The other drew it out (of the scabbard) and said, "By Allah, it is very fine and I have tried it many times." Abu Basir said, "Let me have a look at it." When the other gave it to him, he hit him with it till he died, and his companion ran away till he came to Medina and entered the Mosque running. When Allah's Messenger (ﷺ) saw him he said, "This man appears to have been frightened." When he reached the Prophet (ﷺ) he said, "My companion has been murdered and I would have been murdered too." Abu Basir came and said, "O Allah's Messenger (ﷺ), by Allah, Allah has made you fulfill your obligations by your returning me to them (i.e. the Infidels), but Allah has saved me from them." The Prophet (ﷺ) said, "Woe to his mother! what excellent war kindler he would be, should he only have supporters." When Abu Basir heard that he understood that the Prophet (ﷺ) would return him to them again, so he set off till he reached the seashore.
However, Islamophobes like to deceive the readers, as usual !
3- Muslims can break their oaths and make expiations !
We need to understand this in light of the other Hadith which condemn someone who breaks his word.
"The signs of the hypocrite are three: when he speaks he lies, when he promises he breaks his promise and when he is entrusted he betrays the trust." (Bukhari and Muslim)
Now you see it is not permissible for me to make an oath to someone and then break it. For example, lets say that I promised someone that I will definitely sell my car to him for 5,000 dollars and I gave him my word that I would not sell it to someone else. However, someone comes and offers me 6,000 dollars for the car. I can't go and say that the situation is better so I can break my oath.
You also have to understand the context of the Hadith. The reason why the Prophet gave the oath in the first place was because he did not have the means of providing the individual with any means of conveyance. However, then the Prophet did have the means after the war booty came and therefore the whole situation changed and therefore gave the means of conveyance to the people. This was for the benefit of everyone.
There are similar hadith regarding this issue and here is the commentary on them.......
You also have to understand the context of the Hadith. The reason why the Prophet gave the oath in the first place was because he did not have the means of providing the individual with any means of conveyance. However, then the Prophet did have the means after the war booty came and therefore the whole situation changed and therefore gave the means of conveyance to the people. This was for the benefit of everyone.
There are similar hadith regarding this issue and here is the commentary on them.......
The essence of all these Hadith is that if one
comes to realize that, after taking an oath, his oath was wrong, then he must break the
oaths. For instance, if one has taken an oath that he will drink alcohol, it will be
obligatory for him to break his oath. Or if one takes an oath to not to do a thing which
is desirable, or taken an oath to do something which is not desirable, then it will be
desirable for him to break the oath. Similarly, if one takes an oath to not to do
something permissible then the act of breaking the oath will also come in the category of
permissible.
The expiation of an oath is necessary. This can
be done by means of feeding ten poor persons, or by providing clothes to a similar number
of persons, or by setting a slave free. If one does not have the capacity to do any of the
three acts, then he should observe fast for three days. (Riyad-us-Saliheen,
Commentary of Hadith no. 1716,1717 and 1718, p1273)
So the Hadith needs to be understood properly. This does not give anyone the write to break an agreement between himself and another person.(Source)
Allah knows best !
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