12.1 Terms of the Treaty

Context of the Agreement

The Treaty of Hudaybiyyah took place in the 6th year after Hijrah when the Prophet ﷺ and about 1,400 companions set out from Madinah with the simple intention of performing ‘Umrah, wearing ihram and bringing sacrificial animals. Their path was blocked by Quraysh near Makkah, and through a series of negotiations, a written agreement was reached at a place called Hudaybiyyah, outside Makkah.

This chapter focuses only on the main terms of that written treaty, how they were phrased, and what made them appear difficult at the time, yet wise in the long run.

Writing the Treaty and Its Opening

When the envoys from Quraysh and the Prophet ﷺ finally agreed to write a formal document, the Prophet ﷺ called Ali ibn Abi Talib رضي الله عنه to write. This beginning of the treaty itself contained important phrases that became a point of contention and showed the attitude of both sides.

The Prophet ﷺ said to Ali رضي الله عنه:

“Write:
بِسْمِ اللَّهِ الرَّحْمٰنِ الرَّحِيمِ
‘In the Name of Allah, the Most Merciful, the Especially Merciful.’”

The representative of Quraysh, Suhayl ibn ‘Amr, objected to this wording and insisted that the usual formula of the Muslims should not be used. He said, as reported in Sahih al Bukhari and others, “We do not know what is ‘Ar Rahman, write instead: ‘In Your Name, O Allah’ (بِاسْمِكَ اللَّهُمَّ).”

The Prophet ﷺ accepted this change and instructed Ali رضي الله عنه to write:

بِاسْمِكَ اللَّهُمَّ
“In Your Name, O Allah.”

Then the Prophet ﷺ said:

“Write:
هذا ما قاضى عليه محمد رسول الله
‘This is what Muhammad, the Messenger of Allah, has agreed upon.’”

Suhayl again refused, saying that if they accepted him as “Messenger of Allah” they would not be fighting him. He demanded that only the name “Muhammad son of Abdullah” be written. The Prophet ﷺ accepted this, even though it pained the companions deeply.

This introduction shows that even before listing the terms, the treaty already contained compromises that seemed to reduce the honor of the Muslims, yet the Prophet ﷺ approved them as part of a larger wisdom.

Main Term: Cessation of Fighting

One of the central clauses of the treaty was the agreement to stop fighting between the Muslims and the Quraysh for a set period.

The wording indicated a mutual truce. Hadith narrations summarize it as a stipulation that:

There would be peace between the two sides, and they would put down war for ten years. During that time, the people would be safe. They would not raise weapons against each other, nor support any enemy against the other.

The exact Arabic wording in different narrations varies, but the meaning is consistent. The Prophet ﷺ and Quraysh agreed to suspend warfare and hostilities. This included the following elements:

Both sides would refrain from any direct military aggression against the other.
Neither side would help or finance or shelter any third-party tribe to fight the other.

This general term created a space of security and calm in the region. The Qur’an refers to this treaty in Surah al Fath, describing what looked like a setback as a victory. Allah says:

إِنَّا فَتَحْنَا لَكَ فَتْحًا مُّبِينًا
“Indeed, We have given you a clear conquest.”
[Quran 48:1]

This “clear conquest” was not a military victory, but the peace and opportunity created by the Hudaybiyyah agreement. The central term was the ending of open war for a fixed time.

Term: Returning Muslims Who Fled from Makkah

One of the most sensitive and painful clauses, especially in the eyes of the companions, concerned anyone from Quraysh who might leave Makkah to join the Muslims in Madinah.

The agreed term was:

If any man from Quraysh came to Muhammad ﷺ without the permission of his guardian, he would be returned to Quraysh.
If anyone from the Prophet’s side went to Quraysh, they would not be returned to the Muslims.

This appeared to be completely one sided and unfair. It was difficult for many to accept that a Muslim who escaped persecution in Makkah to seek safety with the Prophet ﷺ in Madinah must be sent back.

One of the most famous incidents showing how this clause was applied is the case of Abu Jandal رضي الله عنه, the son of Suhayl ibn ‘Amr. While the treaty was still being written, Abu Jandal came to the Muslims in chains, having escaped from Makkah after severe torture for his faith. His own father, Suhayl, insisted that according to the new treaty Abu Jandal must be returned at once. The Prophet ﷺ honored the term that had just been agreed.

Accounts in Sahih Muslim and other authentic collections show that this specific clause was deeply upsetting to the companions such as Umar ibn al Khattab رضي الله عنه. Yet the Prophet ﷺ was firm upon honoring what had been agreed with Quraysh.

The clause did not explicitly mention women, which later created an important legal distinction when believing women migrated, but that belongs to another discussion.

Term: Freedom of Tribal Alliances

Another significant clause related to the tribes that lived in and around the region. Arab society was tribal, and many smaller tribes sought protection by allying with a stronger tribe.

The treaty stated that:

Any tribe that wished to enter into alliance with Muhammad ﷺ could do so.
Any tribe that wished to enter into alliance with Quraysh could do so.

This clause allowed neutral tribes to openly align themselves without fear of being accused of aggression. It also meant that future conflicts through tribal alliances would have a direct effect on the treaty if one party’s ally was attacked. The detailed consequences of this term, especially how it eventually led to the breaking of the treaty, will appear in a later chapter. Here it is important only to recognize that it was a formal recognition of the Prophet’s political standing, since Quraysh accepted that tribes could choose him as their ally in an official agreement.

Term: Delayed ‘Umrah and Entry into Makkah

The Prophet ﷺ and his companions had come in ihram for ‘Umrah. They had brought sacrificial animals and had no intention of fighting. Quraysh, however, refused to allow them to enter Makkah that year.

The treaty therefore included the following agreement:

The Muslims would return to Madinah in that year without performing ‘Umrah.
They would be allowed to come the next year to perform ‘Umrah.
They could stay in Makkah for three days only.
They would enter Makkah carrying only sheathed swords, not full war weapons.
Quraysh would temporarily leave the city to avoid friction while the Muslims performed their rites.

These terms meant that the immediate desire of the companions to worship at the Ka‘bah had to be postponed. Many found this extremely hard after traveling so far. Yet the guarantee of a peaceful ‘Umrah the following year was formalized and written. The Prophet ﷺ accepted shaving and sacrificing that year at Hudaybiyyah itself as a sign that the current ‘Umrah would not be completed.

Allah revealed about this situation:

لَّقَدْ صَدَقَ اللَّهُ رَسُولَهُ الرُّؤْيَا بِالْحَقِّ ۖ لَتَدْخُلُنَّ الْمَسْجِدَ الْحَرَامَ إِن شَاءَ اللَّهُ آمِنِينَ
“Allah has certainly fulfilled His Messenger’s vision in truth. You will surely enter al Masjid al Haram, if Allah wills, in safety...”
[Quran 48:27]

The treaty’s term regarding the delayed ‘Umrah directly connected to this promise. The companions were assured that although they turned back that year, safe entry to Makkah would indeed come.

Written Form and Witnesses

The treaty was not an oral agreement only. It was written as a document. Ali ibn Abi Talib رضي الله عنه wrote it under the instruction of the Prophet ﷺ, while Suhayl ibn ‘Amr represented Quraysh. Several companions witnessed it, and it included the names of leading figures from both sides.

The wording began by mentioning the two parties and then listed the key clauses in sequence. While exact versions of the full Arabic text vary in the narrations, the main elements are preserved in the authentic hadith collections. One such narration in Sahih al Bukhari describes these points and then notes that the Prophet ﷺ ordered the companions to exit ihram after the agreement was concluded.

The fact that Quraysh agreed to a formal written treaty with the Prophet ﷺ, recognizing him as a political authority in Madinah and dealing with him as a head of state, was itself an important aspect of the terms, even if this recognition was not written in explicit words.

Summary of the Core Terms

Bringing the key terms together, while keeping to what is specific for this chapter, the essential points of the Treaty of Hudaybiyyah were:

There would be a truce between Quraysh and the Muslims for ten years in which people would live in safety.
Anyone from Quraysh who came to the Prophet ﷺ without the permission of his guardian would be returned to Quraysh, while anyone who went from the Prophet to Quraysh would not be returned.
Any tribe could freely ally itself with either the Prophet ﷺ or Quraysh.
The Muslims would return without entering Makkah that year, but would come back the following year to perform ‘Umrah, staying for three days and carrying only limited, sheathed weapons.

Each of these terms carried consequences that seemed heavy at the moment of signing. Many companions found them hard to accept, as we will see in the reactions and reflections discussed in the other sections related to Hudaybiyyah. Yet Allah named this agreement a “clear victory” and revealed an entire chapter, Surah al Fath, in its context, confirming that these exact terms, in their apparent difficulty, were part of a larger divine plan.