Is it permissible to make a peace treaty with enemies in exchange for Muslim wealth (paying tribute)?
General Chapter
Al-Mughni
Book of Jihad
Primary text
The initial position, held by Ahmad and the school of Shafi'i, is that making a peace treaty conditioned on the Muslims yielding wealth to the enemy is prohibited because it implies humiliation (*sighar*) for the Muslims. However, this prohibition is conditional and does not apply during times of necessity. If necessity dictates, such as fearing the destruction or capture of Muslims, or the enslavement of their descendants leading to their apostasy, then paying wealth is permissible. This is analogous to a captive being permitted to ransom himself with wealth, as enduring the humiliation of paying wealth is permissible to avert a greater humiliation, which is death or capture.
Supporting text
The practice of the Prophet, peace be upon him, in offering one-third of the date harvest of the Ansar to 'Uyaynah ibn Hisn to withdraw his forces during the Battle of the Trench indicates that such an arrangement is permissible when necessitated by weakness. Furthermore, the Prophet presented an offer to Al-Harith ibn 'Amr Al-Ghatfani to pay half the fruits of Madinah, demonstrating that such an action is permissible in a situation of weakness, even if ultimately rejected based on consultation.