The peace treaty of Imam Hasan (as) 5

2023-04-06

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In this part of the article titled “The peace treaty of Imam Hasan (as)”, we shall give other relevant responses to the question.

Reply Sixteen – Textual evidence from The Quran

We read in The Quran:

But if the enemy incline towards peace, do thou (also) incline towards peace, and trust in Allah: for He is One that heareth and knoweth (all things) (1) (2)

We read in al Hidayah:

الإمام أن يصالح أهل الحرب أو فريقا منهم وكان في ذلك مصلحة للمسلمين فلا بأس به لقوله تعالى : { وإن جنحوا للسلم فاجنح لها وتوكل على الله

When the Imam considers making peace with the Kuffar, a peace that will have some (hidden) reasonings for the Muslims, there is still no problem with making such peace, since Allah states ‘But if the enemy incline towards peace, do thou (also) incline towards peace, and trust in Allah: for He is One that heareth and knoweth (all things)’.”

We appeal to justice. Muawiya’s children allow for an Imam to make a difficult peace with the Kuffar. The Qur’an states that you can make peace with polytheists, and you cannot get worse than a polytheist! If you can make peace with the Kuffar, then Imam Hassan (as) was likewise entitled to make peace with Mu’awiya. It is dishonesty to deem such a peace to constitute allegiance. We read in Tafsir Khazan:

“If an Imam wishes to make peace with his enemies amongst infidels, and the Imam is strong enough to make war, then he can make peace for a year or less. If the strength lies with the Mushrikeen then it is permissible for the Imam to make peace for a ten year period but the timescale cannot exceed this, since the Prophet only made peace with the Kuffar for ten years”

Imam Hassan was the Khalifa of the Prophet (s.a.w.a), but did not command the same level of strength as the Prophet (s). When the Prophet (s) who was able to split the moon, was prepared to drop his weapons and make peace with the Kuffar then why the objection to Imam Hassan doing likewise? The treaty was so unbalanced that Umar began doubting his Prophethood. When the Prophet (s) was ready to make such peace, deeming the Muslims to be weak despite the presence of valiant lions of the caliber of Abu Bakr, Umar and Uthman, then clearly there were some personal pressures on the Prophet (s). In the same way that the treaty of Hudaibiya cannot question the Prophethood of Muhammad (s), if Imam Hassan (s) made treaty with a hypocrite then no questions should be raised on his Imamate.

Reply Seventeen – Infallible ones under pressure from common men

When we say that Imam Hassan (as) was under pressure when he made treaty, the next question in fact an objection that comes from Nawasib is that how is it possible that a chosen one, the infallible one can be under pressure by an ordinary men and he is compelled to do a thing which he doesn’t like to do. The answer comes right from the Holy Book, we read in The Quran:

when the Unbelievers drove him out: he had no more than one companion; they two were in the cave.(3)

The followers of Mu’awiya try to deceive the people claiming that the Prophet (s) and Imam cannot be pressured, so what pressures were on Imam Hassan (as) to make peace with Mu’awiya? The Kuffar of Makka put such extreme pressure on the Prophet that he left his city of birth, Abu Bakr accompanied him and they hid in a cave.

If taqqiya doesn’t mean to give in under pressure then what else does it mean? In the same way the Prophet (s) sought to save his life and that of Abu Bakr by hiding in the cave, Imam Hassan likewise made peace with Mu’awiya due to external pressures. In this connection we read in Surah Kahf how Khider killed a child, an act that Musa (as) was critical of, from which we can see that certain Men of Allah (swt) act in a manner that even prophets are unable to understand the reasoning.

If people are unable to see why Imam Hassan (as) made peace, then it shouldn’t be an issue, after all the Ul’il Azm Prophet (s) Musa was unable to understand why Khider (as) killed a child.

The bay’a given to Mu’awiya

Abu Sulaiman writes: “Al-Hassan bin Ali abandoned the caliphate for Mu’awiya and all the people gave the allegiance to Mu’awiya and none of the companions refrained in giving him the allegiance!”

Reply One – The meaning of bayya

On the issue of Imam Hassan (as) allegedly giving ba’ya we should point out that ba’ya has two meanings “to make a contract” and “to pledge allegiance” see Hans Wehr’s Arabic – English Dictionary.(4) The fact that agreement between the two sides was written on a piece of paper clearly alludes to the fact that a contractual agreement had been drawn up.

Imam Hassan (as) was offering his Leadership in return for the conditions that he had placed. With Mu’awiyah’s signature the baya was concluded, i.e. the contract was finalised and agreed between the two sides. ba’ya as in exchange, now if Imam Hassan (as) was giving his ba’ya as in pledge, then why do Ahl’ul Sunnah not regard Mu’awiya as a rightly guided khalifa as well? After all as Clarke in his translation of Suyuti’s ‘The Khalifas who took the right way’ admits:(5)

“I have continued beyond the first four khulafa to include Hassan ibn ‘Ali because as Suyuti saw him as the fifth of the khulafa”. It is clear that the bayya was an agreement surrounding the peace treaty, nothing more. Thus the pathetic arguments of ‘Abu Sulaiman are baseless.

Reply Two – Nawasib have stupidly assumed that peace means bayya

Ibn Katheer states in Al Bidaya:(6)

۔۔۔فصالحه‏۔۔۔ وهو في ذلك هو البار الراشد الممدوح

“Verily Hassan made peace with Mu’awiya, and this peace is a praise worthy act”

Ibn Hajar Makki stated in his anti-Shia book Sawaiqh al Muhriqa:

ولما تصالحا كتب به الحسن كتابا لمعاوية صورته بسم الله الرحمن الرحيم هذا ما صالح عليه الحسن بن علي رضي الله عنهما معاوية بن أبي سفيان

When they made peace treaty, Hassan wrote a message to Mu’awyia the content of which was: ‘In the name of Allah the beneficent the merciful, this is what Hassan son of Ali made peace on with Mu’awyia son of Abi Sufyan’

Allamah Ibn Abdul Barr records in al Istiab:

عن الشعبي قال لما جرى الصلح بين الحسن بن علي ومعاوية

“Shaybi narrates when Hassan and Mu’awiya made peace treaty..”

Ibn Hajar Asqalani in Tahdeeb al Tahdeeb stated: “Peace treay took place between Muawiyah and Hassan in 41 Hijri during the month of Rabi al-Awwal”

Imam of Salafies Ibn Tamiyah while explaining a hadith stated:

والخبر الثاني اجتماع الناس لما اصطلح الحسن ومعاوية لكن كان صلحا على دخن

“The second news is about the people who gathered when al-Hassan and Mu’awiya made treaty, but the treaty was based on malice”

We appeal to justice. Imam Hassan made peace with Mu’awiya but the nation of Muawiyah gave it the colour of an allegiance (bayah) and they did this propaganda to the extent that some historians while admitting it as a peace treaty gave it the touch of bayah also. The scholars have recorded the fact that peace was made between the parties. It is not necessary that you recognize the legitimacy and right to rule of one that you make peace with, otherwise we will have to believe that the Prophet (s.a.w.a) believed in the legitimacy of the Makkan Kuffar when making peace with them. At the time of the peace, Mu’awiya was not on the path of truth. Efforts to present this peace treaty as evidence that bayya was given and Mu’awiya was right is utmost stupidity on the part of Mu’awiya’s followers.

NOTES:

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1. Surah Anfal verse 061

2. We shall now rely on the following Sunni commentaries of this verse: