A Critical Exposition of the Popular 'Jihád'/Chapter 11/78

5.&mdash;Abu Basír.

[Sidenote: 78. Abu Basír not countenanced by the Prophet in contravention of the spirit of the treaty of Hodeibia.]

Sir W. Muir says that "Abu Basír, the free-booter, was countenanced by the Prophet in a manner scarcely consistent with the letter, and certainly opposed to the spirit, of the truce of Hodeibia." It was one of the articles of the treaty of Hodeibia between the Koreish and Mohammad, that if any one goeth over to Mohammad without the permission of his guardian, he shall be sent back to him. A short time after, Abu Basír, a Moslem imprisoned at Mecca, effected his escape and appeared at Medina. His guardians, Azhar and Akhnas, sent two servants to Mohammad with a letter and instructions to bring the deserter back to his house. The obligation of surrender was at once admitted by Mohammad, though Abu Basír pleaded the persecution which he used to suffer at Mecca as the cause of refusing to return, but Mohammad argued that it was not proper for him to break the terms of the peace, and Abu Basír was compelled to set out for Mecca. But he had travelled only a few miles when he treacherously seized the sword of one of his escorts and slew him. The other servant fled back to Medina, whither Abu Basír also followed him. On the return of the latter, he contended that the Prophet had already fulfilled the treaty to its very letter in delivering him up, but the Prophet replied, "Alas for his mother! What a kindler of war, if he had with him any one!" When he heard this "he knew that the Prophet was again going to send him back to his guardians, the Koreish, so he went away to the seashore, where he, with others who had joined him after their flight from captivity at Mecca, used to waylay the caravans from Mecca." This story, which is also briefly narrated by Ibn Is-hak, and more fully by Shamee, Zoorkanee and Ibn-al-Kyyim, does not show that Mohammad acted against the spirit and letter of the truce of Hodeibia.

He himself never countenanced Abu Basír; on the contrary, he delivered him up in conformity with the terms of the treaty of Hodeibia, and when he had returned, Abu Basír had every reason to believe that Mohammad would again despatch him to the quarters whence he had come. But it appears Abu Basír went away to the seashore, out of Mohammad's jurisdiction, and it was not the duty of the Prophet to effect his arrest and send him back to Mecca whilst he was not with him, or rather out of his jurisdiction. Had he even kept him with himself at Medina after he had once made him over to the party sent forth to take charge of him, and were no other demands made for his delivery, I do not think Mohammad could be fairly blamed for it according to the international law of the Arabs, or even according to the terms of the treaty of Hodeibia itself.