The Life & Character of the Seal of Prophets (sa) – Volume III — Page 157
IV - Treaty of Ḥudaibiyyah & its Magnificent Outcomes 157 women, then the answer to this is that firstly, the more authentic narration should be preferred and when the word Rajul or “man” has been used in the most authentic narration, then definitely, it must be deemed the correct word. Additionally, if the words mentioned in historical narrations are studied, they also support the explanation we have provided. For example, in the most well- known and renowned book of history, Sīrat Ibni Hishām, the following words are mentioned: ْ مَن ْ اَتی ٰ مُحَمَّدا ً مِن ْ قُرَیْش ٍ بَغَیْر ِ اِذْن ِ وَلِیِّه ٖ رَدَّہ ٗ عَلَیْھِم “Any individual from the Quraish who comes to Muḥammad sa without the permission of his guardian, shall be returned to the Quraish. ” 1 Undoubtedly, in these Arabic words, the word “man” has not been mentioned distinctly, but an individual who possesses even the most elementary knowledge of the Arabic language is aware that in Arabic, unlike various other languages, separate tenses and pronouns are used for men and women. In the above-mentioned passage, the male tenses and male pronouns have been used, from beginning to end. Therefore, as per the principle of the elaboration of the language of treaties, only men should be deemed in this phrase and not men and women collectively. No doubt, in common idiom, the male tense is used to refer to both men and women at times, but it is obvious that the phrase in question is not this kind of a phrase. Quite the contrary, it is the phrase of an agreement, which possesses the rank of law, rather, a rank higher still. For each and every word is penned down after strict contemplation and the choice of words is made after the cross-examination and approval of both parties. Therefore, in the case of such a phrase, the meaning which is most limited and specific should be accepted. Hence, the conclusion derived from this perspective would be that only men were implied in this agreement and not men and women inclusively. Additionally, as mentioned above, to return a woman who is of the weaker gender, and is generally at the mercy of her husband or male relatives, would mean to cast her back to disbelief and polytheism with one’s own hands, 1 As-Sīratun-Nabawiyyah, By Abū Muḥammad ‘Abdul-Mālik bin Hishām, p. 687, Amrul-Ḥudaibiyyati Fī Ākhiri Sanati Sittin/Mā Jarā ‘Alaihi Amru Qaumim-Minal-Mustaḍ‘afīna Ba‘daṣ-Ṣulḥi, Dārul- Kutubil-‘Ilmiyyah, Beirut, Lebanon, First Edition (2001)