What is the validity of stipulating the right to unilaterally revoke the truce?
General Chapter
Al-Mughni
Book of Jihad
Primary text
It is not permissible to stipulate that either party can unilaterally abrogate the truce because this leads to the opposite of the intended purpose of the agreement. If the Imam stipulates this right for himself without including the enemy, it is invalid, as stated by Abu Bakr, because it negates the requirement of the contract, similar to invalid stipulations in sale or marriage contracts.
Supporting text
Al-Qadi and Al-Shafi'i hold that such a stipulation is valid based on the Prophet's agreement with the people of Khaybar to remain as long as Allah allowed them to remain. However, this view is incorrect because the truce contract is binding (lazim), and stipulating its abrogation is not allowed, like other binding contracts. Furthermore, there was no truce between the Prophet and the people of Khaybar; he conquered them by force (anwat), and the statement mentioned was a form of farming arrangement (musāqāh), not a Hudnah. The validation of Musāqāh is derived from this event, but it is agreed that Musāqāh is not a truce.