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الفتح الربانی
Fath al-Rabbani
بيان موانع النكاحExplanation of Impediments to Marriage
بَاب مَا جَاءَ فِي الزَّوْجَيْنِ الْكَافِرِين يُسْلِمُ أَحَدُهُمَا قبل الآخرChapter: What Has Been Reported Regarding Two Disbelieving Spouses, One of Whom Accepts Islam Before the Other
Hadith 7018
اُردوEn
(وَعَنْهُ مِنْ طَرِيقٍ ثَانٍ) أَنَّ رَسُولَ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَآلِهِ وَسَلَّمَ رَدَّ ابْنَتَهُ زَيْنَبَ عَلَى أَبِي الْعَاصِ بْنِ الرَّبِيعِ رَضِيَ اللَّهُ عَنْهُ وَكَانَ إِسْلَامُهَا قَبْلَ إِسْلَامِهِ بِسِتِّ سِنِينَ عَلَى النِّكَاحِ الْأَوَّلِ وَلَمْ يُحْدِثْ شَهَادَةً وَلَا صَدَاقًا
(Second chain) The Noble Prophet (peace and blessings be upon him and his family) returned his daughter, Sayyida Zainab (may Allah be pleased with her), to her husband, Sayyiduna Abu al-As ibn al-Rabi', with the original marriage contract, even though Sayyida had embraced Islam six years before her husband. The Prophet (peace and blessings be upon him and his family) neither required new witnesses nor demanded a new dowry.
Brief Explanation
Benefits: … When a woman becomes Muslim while her husband is still a disbeliever, her waiting period (iddah) will be one menstrual cycle. After this waiting period, she may marry someone else. However, if her husband also becomes Muslim before she remarries, then they will be considered husband and wife on the basis of the previous marriage and dowry (mahr); there will be no need for a new marriage contract, just as the Prophet sallallahu alayhi wa sallam did with Sayyidah Zaynab radi Allahu anha. If such a woman, after completing her waiting period and before her husband becomes Muslim, marries someone else, then the right of the first husband is terminated.
