Chapter. (What) if an idolatress (Al-Mushrikah) or a Christian woman becomes a Muslim while she is the wife of a Dhimmi (i.e., a non-Muslim under the protection of a Muslim government), or Mushrik at war with the Muslims?
Narrated `Aisha: (the wife of the Prophet) When believing women came to the Prophet as emigrants, he used to test them in accordance with the order of Allah. 'O you who believe! When believing women come to you as emigrants, examine them . . .' (60.10) So if anyone of those believing women accepted the above mentioned conditions, she accepted the conditions of faith. When they agreed on those conditions and confessed that with their tongues, Allah's Apostle would say to them, "Go, I have accepted your oath of allegiance (for Islam). By Allah, and hand of Allah's Apostle never touched the hand of any woman, but he only used to take their pledge of allegiance orally. By Allah, Allah's Apostle did not take the pledge of allegiance of the women except in accordance with what Allah had ordered him. When he accepted their pledge of allegiance he would say to them, "I have accepted your oath of allegiance."
And Abdul Warith bin Sa’eed narrated, from him Khalid Hadhdha narrated, from him Ikrimah narrated, and from him Ibn Abbas (may Allah be pleased with them both) narrated that if a Christian woman accepts Islam a little before her husband, then she becomes unlawful for her husband. And Dawood narrated that from him Ibrahim al-Saigh narrated that Ata was asked about a woman who belonged to the people under protection (dhimmi) and accepted Islam, then after that her husband also accepted Islam during her waiting period (‘iddah), so is she considered his wife? He replied: No, but if he wishes to marry her anew, with a new dowry, (then he may do so). Mujahid said: (After the wife accepts Islam), if the husband accepts Islam during her waiting period, then he should marry her. And Allah the Exalted said «لا هن حل لهم ولا هم يحلون لهن»: “Believing women are not lawful for polytheist men, nor are polytheist men lawful for believing women.” And Hasan and Qatadah said about two Magians (Zoroastrians) who were husband and wife and accepted Islam, that both remain upon their marriage, but if one of them precedes the other in accepting Islam and the other refuses, then the woman is separated from her husband and the husband cannot have her (except through a new marriage). And Ibn Jurayj said: I asked Ata, if a woman from the polytheists comes to the Muslims (after accepting Islam), should her polytheist husband be given back her dowry? Because Allah the Exalted said «وأتوهم ما أنفقوا»: “And return to them what they have spent.” Ata replied: No, this was only between the Prophet (peace be upon him) and the treaty polytheists. And Mujahid said: All this was due to the mutual treaty between the Prophet (peace be upon him) and the Quraysh.
And Abdul Warith bin Sa’eed narrated, from him Khalid Hadhdha narrated, from him Ikrimah narrated, and from him Ibn Abbas (may Allah be pleased with them both) narrated that if a Christian woman accepts Islam a little before her husband, then she becomes unlawful for her husband. And Dawood narrated that from him Ibrahim al-Saigh narrated that Ata was asked about a woman who belonged to the people under protection (dhimmi) and accepted Islam, then after that her husband also accepted Islam during her waiting period (‘iddah), so is she considered his wife? He replied: No, but if he wishes to marry her anew, with a new dowry, (then he may do so). Mujahid said: (After the wife accepts Islam), if the husband accepts Islam during her waiting period, then he should marry her. And Allah the Exalted said «لا هن حل لهم ولا هم يحلون لهن»: “Believing women are not lawful for polytheist men, nor are polytheist men lawful for believing women.” And Hasan and Qatadah said about two Magians (Zoroastrians) who were husband and wife and accepted Islam, that both remain upon their marriage, but if one of them precedes the other in accepting Islam and the other refuses, then the woman is separated from her husband and the husband cannot have her (except through a new marriage). And Ibn Jurayj said: I asked Ata, if a woman from the polytheists comes to the Muslims (after accepting Islam), should her polytheist husband be given back her dowry? Because Allah the Exalted said «وأتوهم ما أنفقوا»: “And return to them what they have spent.” Ata replied: No, this was only between the Prophet (peace be upon him) and the treaty polytheists. And Mujahid said: All this was due to the mutual treaty between the Prophet (peace be upon him) and the Quraysh.
Narrated `Aisha: (the wife of the Prophet) When believing women came to the Prophet as emigrants, he used to test them in accordance with the order of Allah. 'O you who believe! When believing women come to you as emigrants, examine them . . .' (60.10) So if anyone of those believing women accepted the above mentioned conditions, she accepted the conditions of faith. When they agreed on those conditions and confessed that with their tongues, Allah's Apostle would say to them, "Go, I have accepted your oath of allegiance (for Islam). By Allah, and hand of Allah's Apostle never touched the hand of any woman, but he only used to take their pledge of allegiance orally. By Allah, Allah's Apostle did not take the pledge of allegiance of the women except in accordance with what Allah had ordered him. When he accepted their pledge of allegiance he would say to them, "I have accepted your oath of allegiance."
Hadith Referenceصحيح البخاري / كتاب الطلاق / 5288
Hadith Gradingمحدثین:أحاديث صحيح البخاريّ كلّها صحيحة