Hadithcore
Sahih al-Bukhari, 2699
sahih

Narrated Al-Bara:

When the Prophet (ﷺ) intended to perform `Umra in the month of Dhul-Qada, the people of Mecca did not let him enter Mecca till he settled the matter with them by promising to stay in it for three days only. When the document of treaty was written, the following was mentioned: 'These are the terms on which Muhammad, Allah's Messenger (ﷺ) agreed (to make peace).' They said, "We will not agree to this, for if we believed that you are Allah's Messenger (ﷺ) we would not prevent you, but you are Muhammad bin `Abdullah." The Prophet (ﷺ) said, "I am Allah's Messenger (ﷺ) and also Muhammad bin `Abdullah." Then he said to `Ali, "Rub off (the words) 'Allah's Messenger (ﷺ) ' ", but `Ali said, "No, by Allah, I will never rub off your name." So, Allah's Messenger (ﷺ) took the document and wrote, 'This is what Muhammad bin `Abdullah has agreed upon: No arms will be brought into Mecca except in their cases, and nobody from the people of Mecca will be allowed to go with him (i.e. the Prophet (ﷺ) ) even if he wished to follow him and he (the Prophet (ﷺ) ) will not prevent any of his companions from staying in Mecca if the latter wants to stay.' When the Prophet (ﷺ) entered Mecca and the time limit passed, the Meccans went to `Ali and said, "Tell your Friend (i.e. the Prophet (ﷺ) ) to go out, as the period (agreed to) has passed." So, the Prophet (ﷺ) went out of Mecca. The daughter of Hamza ran after them (i.e. the Prophet (ﷺ) and his companions), calling, "O Uncle! O Uncle!" `Ali received her and led her by the hand and said to Fatima, "Take your uncle's daughter." Zaid and Ja`far quarreled about her. `Ali said, "I have more right to her as she is my uncle's daughter." Ja`far said, "She is my uncle's daughter, and her aunt is my wife." Zaid said, "She is my brother's daughter." The Prophet (ﷺ) judged that she should be given to her aunt, and said that the aunt was like the mother. He then said to 'All, "You are from me and I am from you", and said to Ja`far, "You resemble me both in character and appearance", and said to Zaid, "You are our brother (in faith) and our freed slave."

حَدَّثَنَا عُبَيْدُ اللَّهِ بْنُ مُوسَى، عَنْ إِسْرَائِيلَ، عَنْ أَبِي إِسْحَاقَ، عَنِ الْبَرَاءِ ـ رضى الله عنه ـ قَالَ اعْتَمَرَ النَّبِيُّ صلى الله عليه وسلم فِي ذِي الْقَعْدَةِ، فَأَبَى أَهْلُ مَكَّةَ أَنْ يَدَعُوهُ يَدْخُلُ مَكَّةَ، حَتَّى قَاضَاهُمْ عَلَى أَنْ يُقِيمَ بِهَا ثَلاَثَةَ أَيَّامٍ، فَلَمَّا كَتَبُوا الْكِتَابَ كَتَبُوا هَذَا مَا قَاضَى عَلَيْهِ مُحَمَّدٌ رَسُولُ اللَّهِ صلى الله عليه وسلم‏.‏ فَقَالُوا لاَ نُقِرُّ بِهَا، فَلَوْ نَعْلَمُ أَنَّكَ رَسُولُ اللَّهِ مَا مَنَعْنَاكَ، لَكِنْ أَنْتَ مُحَمَّدُ بْنُ عَبْدِ اللَّهِ‏.‏ قَالَ ‏"‏ أَنَا رَسُولُ اللَّهِ وَأَنَا مُحَمَّدُ بْنُ عَبْدِ اللَّهِ ‏"‏‏.‏ ثُمَّ قَالَ لِعَلِيٍّ ‏"‏ امْحُ رَسُولُ اللَّهِ ‏"‏‏.‏ قَالَ لاَ، وَاللَّهِ لاَ أَمْحُوكَ أَبَدًا، فَأَخَذَ رَسُولُ اللَّهِ صلى الله عليه وسلم الْكِتَابَ، فَكَتَبَ هَذَا مَا قَاضَى عَلَيْهِ مُحَمَّدُ بْنُ عَبْدِ اللَّهِ، لاَ يَدْخُلُ مَكَّةَ سِلاَحٌ إِلاَّ فِي الْقِرَابِ، وَأَنْ لاَ يَخْرُجَ مِنْ أَهْلِهَا بِأَحَدٍ، إِنْ أَرَادَ أَنْ يَتَّبِعَهُ، وَأَنْ لاَ يَمْنَعَ أَحَدًا مِنْ أَصْحَابِهِ أَرَادَ أَنْ يُقِيمَ بِهَا‏.‏ فَلَمَّا دَخَلَهَا، وَمَضَى الأَجَلُ أَتَوْا عَلِيًّا، فَقَالُوا قُلْ لِصَاحِبِكَ اخْرُجْ عَنَّا فَقَدْ مَضَى الأَجَلُ‏.‏ فَخَرَجَ النَّبِيُّ صلى الله عليه وسلم فَتَبِعَتْهُمُ ابْنَةُ حَمْزَةَ يَا عَمِّ يَا عَمِّ‏.‏ فَتَنَاوَلَهَا عَلِيٌّ فَأَخَذَ بِيَدِهَا، وَقَالَ لِفَاطِمَةَ عَلَيْهَا السَّلاَمُ دُونَكِ ابْنَةَ عَمِّكِ، احْمِلِيهَا‏.‏ فَاخْتَصَمَ فِيهَا عَلِيٌّ وَزَيْدٌ وَجَعْفَرٌ، فَقَالَ عَلِيٌّ أَنَا أَحَقُّ بِهَا وَهْىَ ابْنَةُ عَمِّي‏.‏ وَقَالَ جَعْفَرٌ ابْنَةُ عَمِّي وَخَالَتُهَا تَحْتِي‏.‏ وَقَالَ زَيْدٌ ابْنَةُ أَخِي‏.‏ فَقَضَى بِهَا النَّبِيُّ صلى الله عليه وسلم لِخَالَتِهَا‏.‏ وَقَالَ ‏"‏ الْخَالَةُ بِمَنْزِلَةِ الأُمِّ ‏"‏‏.‏ وَقَالَ لِعَلِيٍّ ‏"‏ أَنْتَ مِنِّي وَأَنَا مِنْكَ ‏"‏‏.‏ وَقَالَ لِجَعْفَرٍ ‏"‏ أَشْبَهْتَ خَلْقِي وَخُلُقِي ‏"‏‏.‏ وَقَالَ لِزَيْدٍ ‏"‏ أَنْتَ أَخُونَا وَمَوْلاَنَا ‏"‏‏.‏

References2 variants
In-Book Reference
Book 53, Hadith 9
USC-MSA web (English) reference
Vol. 3, Book 49, Hadith 863 (deprecated numbering scheme)
Sharh · explanationclick to expand
The Prophet ﷺ endured grievous harm at the hands of the polytheists, who denied him access to the Sacred House. He ﷺ endured their persecution until Allah, Exalted is He, blessed him with triumph over them, and the days proved that he ﷺ was supported by the divine revelation and attested his discretion during the conclusion of the Treay of Al-Hudaybiyah. In this hadeeth, Al-Baraa’ ibn ‘Aazib (may Allah be pleased with him), narrated that the Prophet ﷺ and his Companions (may Allah be pleased with them) departed Al-Madeenah, and headed towards Makkah with the intention of performing ‘Umrah in the month of Dhul-Qi‘dah, in 6 A.H. However,the people of Makkah did not let them enter Makkah till heﷺmade an agreement with them to stay therein for three days only and return to Al-Madeenah, provided that he ﷺ should come back on the following year to perform ‘Umrah. This treaty became known as the Treay of Al-Hudaybiyah, and it was named after a big village that was given the name of a well located in that area; it is currently located on the outskirts of Makkah. When the document of treaty was written, the following was mentioned: 'These are the terms,” of the treaty, “on which Muhammad, Allah's Messengerﷺ agreed (to make peace).” They said, "We will not agree to this, for if we believed that you are Allah's Messenger, we would not prevent you (from entering Makkah), but you are Muhammad ibn ‘Abdullah." They said to the Prophet ﷺ, ‘Had we believed in you and you religion, we would not have denied you access to the Sacred House, but we only know you as Muhammad ibn ‘Abdullah,’ (by the name given to him by his father). Thereupon, the Prophet ﷺ said, "I am Allah's Messengerand also Muhammad ibn ‘Abdullah," meaning that he ﷺ did not mind writing down either of them. Then he ﷺ said to ‘Alee (may Allah be pleased with him), who was writing down the terms of the treaty, to rub off (the words) 'Allah's Messenger,’ from the document, but ‘Alee (may Allah be pleased with him) refused. It should be noted that he (may Allah be pleased with him) did not mean to disobey the Prophet’s command, but rather expressed his disapproval of erasing his title out of reverence for the Prophet ﷺ and to defiantly support him against the polytheists. The Prophet ﷺtook the document, erased it himself, after ‘Alee (may Allah be pleased with him) pointed to its place, because he ﷺ was illiterate. He ﷺ then commanded ‘Alee (may Allah be pleased with him) to write down instead, 'This is what Muhammad ibn ‘Abdullah has agreed upon.’ The terms included that no arms may be brought into Makkah by Muslims except those kept in their own cases, and nobody from the people of Makkah would be allowed to go with the Prophet ﷺeven if he wished to follow him (and embrace Islam). On the contrary, the Prophet ﷺwould not prevent any of his Companions from staying in Makkah if they wanted! According to this treaty, the Prophet ﷺ and his Companions returned to Al-Madeenah, after ending their state of Ihraam (i.e., ritual state of consecration) as authentically reported in other narrations. They came back on the following year to perform ‘Umrah, which became known as ‘Umrat Al-Qadhaa’. After the period specified by the terms of the treaty i.e., three days, ended the Makkans went to ‘Alee (may Allah be pleased with him) and asked him to ask the Prophet ﷺ, to leave, as the (agreed-upon) period has passed. When the Prophet ﷺwent out of Makkah, the daughter of Hamzah, Umaamah - it was also said that she was named Faatimah - ran after them, i.e., the Prophet ﷺand his Companions (may Allah be pleased with them), wanting to go with them to Al-Madeenah. ‘Alee received her, led her by the hand, since she was still young, and said to Faatimah, his wife and the Prophet’s daughter, "Take your uncle's daughter." Faatimah (may Allah be pleased with her) held her, but Zayd and Ja‘far (may Allah be pleased with them) quarreled about her; each wanted to take care of her. Zayd (may Allah be pleased with him) claimed her because she was his brother's daughter, since the Prophet ﷺ had established the bond of brotherhood between him and Hamzah (may Allah be pleased with them). ‘Alee (may Allah be pleased with him) claimed her because she was his paternal cousin, his uncle's daughter, and Ja‘far (may Allah be pleased with him) claimed her because she was his uncle's daughter, and her maternal aunt, i.e., Asmaa’ bint ‘Umays (may Allah be pleased with her), was his wife. The Prophet ﷺ judged that she should be given to her maternal aunt, and said that the maternal aunt was like the mother, meaning as far as the right to the custody of a child is concerned, and also in terms of maternal affection and care. He ﷺ then said to ‘Alee (may Allah be pleased with him), "You are from me and I am from you", in terms of blood relations, love, seniority in Islam, and the like of his many great merits. He ﷺ said to Ja‘far (may Allah be pleased with him), "You resemble me both in terms of moral character and outward appearance", and said to Zayd (may Allah be pleased with him), "You are our brother (in faith) and our freed slave.” The bond of Al-Walaa’ (lit., loyalty, meaning to maintain a relationship of patronage without bondage with one’s manumitter) was as strong as the blood bond. The Prophet ﷺ made these statements toconciliate ‘Alee and Zayd (may Allah be pleased with them) for not granting them custody over Hamzah’s daughter, and to highlight that he ﷺ did not place her under Ja‘far’s care for his own sake, but rather because he was married to the girl’s maternal aunt (who was more entitled to the custody). It was said that this hadeeth is one of the main Laws of Islam texts about the right to custody, which essentially means the care for a young child who is below the age of distinction and cannot live independently, providing him or her with a good upbringing, and guarding him or her against whatever may incur destruction and loss on him or her. It is deduced from the hadeeth that it is allowable to conclude peace treaties with non-Muslims, conduct political and military agreements with them for the benefit of Muslims. It is also inferred therefrom that a maternal aunt is entitled to custody over a child. It also highlights the merits of ‘Alee, Ja‘far, and Zayd (may Allah be pleased with them)..
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