What is the maximum permissible duration for a truce?
General Chapter
Al-Mughni
Book of Jihad
Primary text
A truce is only valid if concluded for a specified and known limited period. Al-Qadi states that the apparent meaning of Ahmad's position is that a truce cannot exceed ten years. This is the choice of Abu Bakr and the position of Al-Shafi'i. Their evidence is that the general command to fight the polytheists (Quran 9:5) was specifically restricted by the ten-year duration of the Prophet's truce with Quraysh at Hudaybiyyah; for anything exceeding ten years, the general command remains in effect. Consequently, if the duration exceeds ten years, the excess period is void. Regarding whether the initial ten years remain valid when more than ten are stipulated, there are two views based on the concept of severing the transaction (tafriq al-safqah).
Supporting text
Abu Al-Khattab reports that the apparent meaning of Ahmad's position is that a truce exceeding ten years is permissible, according to what the Imam deems to be in the interest of the Muslims. Abu Hanifa holds this view, arguing that since a truce is valid for ten years, extending it beyond that is permissible, similar to a lease contract (ijarah). The specific ruling for the ten years is an exception (takhsis) because a valid reason (maslaha) may exist for a truce longer than ten years, where the benefit may favor a longer peace over war.