Bukhari

Chapter of Sahih Bukhari Hadith Number: 5287: «بَابُ نِكَاحِ مَنْ أَسْلَمَ مِنَ الْمُشْرِكَاتِ وَعِدَّتِهِنَّ:»
Relevance between the Chapter Heading and the Hadith:
Imam Bukhari rahimahullah has mentioned two issues in the chapter heading:
➊ Marriage with polytheist women who accept Islam.
➋ And the explanation of their waiting period (‘iddah).
Imam Bukhari rahimahullah is alluding to these two components under the chapter heading. Therefore, the relevance to the first component is evident, but the relevance to the second component does not appear to be established at first glance.
However, upon reflection, the connection between the chapter heading and the hadith becomes established. Regarding Qareebah bint Abi Umayyah, Hafiz Ibn Hajar rahimahullah writes:
«وهي اخت ام سلمة زوج النبى صلى الله عليه وسلم»
“She was the sister of Umm al-Mu’minin Umm Salamah radi Allahu anha.”
And as for Umm al-Hakam, the daughter of Abu Sufyan radi Allahu anhu, she too, as well as the sister of Umm Salamah, were both disbelievers. Therefore, the relevance of this hadith to the chapter heading is that when both of them were divorced, they must have observed the waiting period (‘iddah). Thus, on this basis, this narration is related to the chapter heading.

Hadith Commentary:
There is a difference of opinion on this issue. The majority of scholars hold the view that a woman who migrates from the land of war (dar al-harb) to the land of Islam (dar al-Islam) after accepting Islam should observe a waiting period (‘iddah) of three menstrual cycles, or if she is pregnant, until she gives birth.
After this, she may marry someone else.
Qaribah bint Abi Umayyah, who was the sister of Umm al-Mu’minin Umm Salamah radi Allahu anha, and Umm al-Hakam, the daughter of Abu Sufyan radi Allahu anhu—both these women were disbelievers. When they were divorced, they must have observed the waiting period (‘iddah); thus, the meaning of the chapter heading is established.
Some have said that Qaribah had become Muslim.
Some have mentioned that there were two women named Qaribah:
One was the one who migrated after becoming Muslim, and the other remained a disbeliever. It is the latter who is meant here.

Hadith Commentary:
(1)
At the beginning of the Hijrah, a social issue became a source of much confusion for the Muslims: there were many people in Makkah who had themselves become Muslim, but their wives remained disbelievers, or the wives had become Muslim but their husbands were disbelievers. With the migration, this issue became even more serious. In this regard, there were three categories of those who migrated:
* Both husband and wife migrated and left Makkah, such as Uthman and his wife. For such people, there was no issue.
* The husband migrated to Madinah, but his wife remained in Makkah as a disbeliever, as in the case of Umar radi Allahu anhu, who migrated to Madinah but his two wives remained in Makkah as disbelievers.
* The wife became Muslim and came to Madinah, but her disbelieving husband remained in Makkah, as in the case of the daughter of the Messenger of Allah sallallahu alayhi wa sallam, Zaynab radi Allahu anha, who came to Madinah while her disbelieving husband, Abu al-As, remained in Makkah.

For men, this issue was not as serious, because they could contract another marriage, but for women, remaining bound in the marital relationship for such a long period was very difficult. Therefore, the Qur’an presented the solution as follows: such women are not lawful for the disbelievers, nor are the disbelievers lawful for them. (: al-Mumtahanah: 10)

(2)
Two rulings are established from this:
* A marriage is automatically dissolved due to difference in religion, i.e., the marriage between a disbelieving husband and a believing wife, or a believing man and a disbelieving wife, is automatically annulled.
* A marriage is also dissolved due to difference in abode, i.e., if the husband is in Dar al-Islam and the wife is in Dar al-Harb, then the marriage is automatically annulled, because maintaining this relationship is now impossible.

If a disbelieving woman becomes Muslim and comes to the Muslims, she may contract a new marriage after completing the waiting period (‘iddah) of three menstrual cycles, because by becoming Muslim and migrating, she is now included among the free women whose waiting period is three menstrual cycles. If she is pregnant, she may marry after giving birth.

The Noble Qur’an states: “And do not hold to marriage bonds with disbelieving women.” (: al-Mumtahanah: 10)

On the basis of this rule, when Qareebah bint Abi Umayyah and Umm Hakm bint Abi Sufyan, both disbelieving women, were divorced, they completed their waiting period and then contracted new marriages.

And Allah knows best.