جماع أبواب نكاح حرائر أهل الكتاب، وإمائهم وإماء المسلمين -- باب: ما جاء في تحريم حرائر أهل الشرك دون أهل الكتاب، وتحريم المؤمنات على الكفار
Collected chapters on marrying the free women of the People of the Book, their slave women and the slave women of the Muslims -- Chapter: Reports on the prohibition of the free women of the polytheists but not of the People of the Book, and the prohibition of believing women to the disbelievers
20 hadith
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Allah, the Blessed and Exalted, says: "When believing women come to you as emigrants, examine them. Allah knows best about their faith. Then if you know them to be believers, do not return them to the disbelievers; neither are they (the women) lawful for them (the disbelievers), nor are they (the disbelievers) lawful for them." [Surah al-Mumtahanah: 10]
Imam al-Shafi'i (may Allah have mercy on him) said: "Some of the scholars who have knowledge of the Qur'an hold that this verse was revealed about a woman emigrant from among the people of Makkah, and some of them named her as the daughter of Uqbah bin Abi Mu'ayt (Sayyidah Umm Kulthum (may Allah be pleased with her)). The people of Makkah were idol-worshippers. And (they hold) that the saying of Allah Almighty, 'And do not hold on to the marriage ties of disbelieving women' [Surah al-Mumtahanah: 10], was revealed about a believing male emigrant from among the people of Makkah, and that it (this verse) was revealed during the period of the truce (of Hudaybiyah)."
Hadith Referenceالسنن الكبرى للبيهقي / كتاب النكاح / Q13970
Marwan bin al-Hakam and Miswar bin Makhramah (may Allah be pleased with them both) told me that when the Messenger of Allah (peace and blessings be upon him) had the agreement for the fixed period written with Suhayl bin Amr (may Allah be pleased with him) on the day of Hudaybiyah, among the conditions Suhayl bin Amr (may Allah be pleased with him) laid down was: if any man of ours comes to you, even if he is on your religion, you must return him, and you will stand aside between us and him. Suhayl (may Allah be pleased with him) refused to make the agreement with the Messenger of Allah (peace and blessings be upon him) on anything other than that. The believers found this agreement hard to bear; they raised a clamour and spoke about it.
Suhayl (may Allah be pleased with him) said that the agreement would only be on this condition, so the Messenger of Allah (peace and blessings be upon him) had it written. Then the Messenger of Allah (peace and blessings be upon him) returned Abu Jandal (may Allah be pleased with him), the son of Suhayl (may Allah be pleased with him), to Suhayl (may Allah be pleased with him). If any Muslim man came to the Messenger of Allah (peace and blessings be upon him) during that period, he would return him. Then, when the believing women came as emigrants, among them was Umm Kulthum (may Allah be pleased with her), the daughter of Uqbah bin Abi Mu'ayt; she was free, and her family demanded her return. Then Allah revealed concerning those believing women whatever He revealed.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب النكاح / 13970
Miswar bin Makhramah and Marwan bin al-Hakam (may Allah be pleased with them both) both mentioned the long story of Hudaybiyah; then they both said that when the believing women came, Allah Almighty said: "O you who believe, when believing women come to you as emigrants, [up to:] and do not hold on to the marriage ties of disbelieving women" [Surah al-Mumtahanah: 10]. So that day Sayyiduna Umar (may Allah be pleased with him) divorced his two wives who were from the days of Jahiliyyah (ignorance); Sayyiduna Mu'awiyah bin Abi Sufyan (may Allah be pleased with them both) married one of them, and Sayyiduna Safwan bin Umayyah (may Allah be pleased with him) married the other.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب النكاح / 13971
Ata narrates from Sayyiduna Abdullah bin Abbas (may Allah be pleased with them both) that Sayyidah Qurayba bint Abi Umayyah (may Allah be pleased with her) was married to Sayyiduna Umar (may Allah be pleased with him); he divorced her, and then Sayyiduna Mu'awiyah bin Abi Sufyan (may Allah be pleased with them both) married her. And Sayyidah Umm al-Hakam bint Abi Sufyan (may Allah be pleased with her) was married to Sayyiduna Iyad bin Ghanm al-Fihri (may Allah be pleased with him); he divorced her, and then Sayyiduna Abdullah bin Uthman al-Thaqafi (may Allah be pleased with him) married her.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب النكاح / 13972
Mujahid, concerning this saying of Allah Almighty, "And do not marry disbelieving women" [Surah al-Mumtahanah: 10], said that the Companions (may Allah be pleased with them) were ordered to divorce the disbelieving women who had remained in Makkah.
Imam al-Shafi'i (may Allah have mercy on him), concerning the saying of Allah Almighty, "And do not marry polytheist women until they believe; and a believing slave-woman is better than a free polytheist woman" [Surah al-Baqarah: 221], says: It has been said that this verse was revealed about the polytheists of the Arabs who were idol-worshippers; marrying their women is unlawful, just as their men may not marry believing women. If this is so, then this verse is not abrogated.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب النكاح / 13973
Mujahid (may Allah have mercy on him), concerning this saying of Allah Almighty, "And do not marry polytheist women until they believe" [Surah al-Baqarah: 221], (said): Meaning the polytheist women of the people of Makkah; then the women of the People of the Book were made lawful.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب النكاح / 13974
Hammad said: I asked Sa'id bin Jubayr (may Allah have mercy on him) about this saying of Allah, "And do not marry polytheist women until they believe" [Surah al-Baqarah: 221], and he said: "The idol-worshippers."
Imam al-Shafi'i (may Allah have mercy on him) said: It has been said that this verse was revealed concerning all the polytheists; then a special permission was given regarding the free women of the People of the Book, just as the slaughtered animals of the People of the Book were declared lawful. Allah says: "This day all good things have been made lawful for you. The food of those who were given the Scripture is lawful for you, and your food is lawful for them. And (lawful for you are) chaste women from among the believers and chaste women from among those who were given the Scripture before you, when you have given them their bridal dues." [Surah al-Ma'idah: 5]
Hadith Referenceالسنن الكبرى للبيهقي / كتاب النكاح / 13975
It is narrated from Sayyiduna Abdullah bin Abbas (may Allah be pleased with them both) concerning this saying of Allah Almighty, "And do not marry polytheist women until they believe" [Surah al-Baqarah: 221], that the women of the People of the Book were then made an exception. He said: "And the chaste women of the People of the Book before you are also lawful for you" [Surah al-Ma'idah: 5], "when you have given them their dues", meaning give them their bridal dues (mahr); "chaste, not fornicators."
Hadith Referenceالسنن الكبرى للبيهقي / كتاب النكاح / 13976
Sayyiduna Abdullah bin Abbas (may Allah be pleased with them both) said concerning this saying of Allah Almighty, "And do not marry polytheist women until they believe" [Surah al-Baqarah: 221]: This was abrogated, and the polytheist women of the People of the Book were made permissible.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب النكاح / 13977
Abu al-Zahiriyyah narrates from Jubayr bin Nufayr (may Allah have mercy on him), who said: I performed Hajj, then I went to Sayyidah Aishah (may Allah be pleased with her), and she said: O Jubayr, do you recite Surah al-Ma'idah? I said: Yes. She said: It is the last surah that was revealed; so whatever you find lawful in it, regard it as lawful, and whatever you find unlawful in it, regard it as unlawful.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب النكاح / 13978
Sayyiduna Abdullah bin Amr (may Allah be pleased with them both) said that the last surah to be revealed was Surah al-Ma'idah.
Imam al-Shafi'i (may Allah have mercy on him) said: Marriage with the free women of the People of the Book has been permitted, and I would prefer that Muslims did not marry them.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب النكاح / 13979
Abu al-Zubayr said that he heard Sayyiduna Jabir bin Abdullah (may Allah be pleased with them both) being asked what the ruling is on a Muslim marrying a Jewish or Christian woman. He said: We married them at the time of the conquest in Kufah, with Sayyiduna Sa'd bin Abi Waqqas (may Allah be pleased with him), as we could hardly find many Muslim women; and when we returned, we divorced them. He also said: "These women do not inherit from a Muslim, nor does a Muslim inherit from them; their women are lawful for us, while our women are unlawful for them."
Hadith Referenceالسنن الكبرى للبيهقي / كتاب النكاح / 13980
Abdullah bin al-Sa'ib, of Banu al-Muttalib, narrates that Sayyiduna Uthman bin Affan (may Allah be pleased with him) married the daughter of al-Furafisah al-Kalbiyyah, who was a Christian, in addition to his (other) wives; then she accepted Islam at his hands.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب النكاح / 13981
Muhammad bin Jubayr bin Mut'im (may Allah have mercy on him) said that Sayyiduna Uthman bin Affan (may Allah be pleased with him) married the Christian daughter of al-Furafisah; when she came to him, she became a Muslim.
(b) Amr said: He also told me that Sayyiduna Talhah bin Ubaydullah (may Allah be pleased with him) married a Christian woman from (the tribe of) Kalb, and she became a Muslim when she came to Madinah.
(c) Abdullah bin Abd al-Rahman, who was a shaykh of Banu al-Ashhal, said that Sayyiduna Hudhayfah bin al-Yaman (may Allah be pleased with him) married a Jewish woman.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب النكاح / 13982
Hubayrah bin Yarim narrates from Sayyiduna Ali (may Allah be pleased with him) that Sayyiduna Talhah (may Allah be pleased with him) married a Jewish woman.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب النكاح / 13984
Zayd bin Wahb said that Sayyiduna Umar bin al-Khattab (may Allah be pleased with him) wrote a letter (saying) that a Muslim may marry a Christian woman, whereas a Christian man may not marry a Muslim woman.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب النكاح / 13985
Ikrimah narrates from Sayyiduna Abdullah bin Abbas (may Allah be pleased with them both) that Allah sent the Messenger of Allah (peace and blessings be upon him) with the truth so that it would prevail over all religions. Our religion is the best of religions, our community is superior to all communities, and our men have precedence over their women, but their men shall not have precedence over our women.
Abu al-Qasim said: No one narrated it from Sufyan except al-Nu'man.
Imam al-Shafi'i (may Allah have mercy on him) said: The People of the Book whose free women are lawful (to marry) are the people of the two well-known Books, the Torah and the Injil, namely the Jews and the Christians of the Children of Israel, but not the Magians.
The Shaykh (may Allah have mercy on him) said: Sayyiduna Abd al-Rahman bin Awf (may Allah be pleased with him) narrates from the Prophet (peace and blessings be upon him): "Treat them (i.e. the Magians) in the way of the People of the Book." The scholars, also drawing evidence from the narration of Bajalah, interpreted it as referring to jizyah; so they are joined with them (the People of the Book) in having their blood protected through jizyah, and not in anything else.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب النكاح / 13986
Ata (may Allah have mercy on him) said: The Christians of the Arabs are not People of the Book; the People of the Book are the Children of Israel, to whom the Torah and the Injil came. As for the people who joined them, they are not of them.
The Shaykh (may Allah have mercy on him) said: Sayyiduna Umar and Sayyiduna Ali (may Allah be pleased with them both) also take the Christians of the Arabs in this same sense, and (hold) that their slaughtered animals are not to be eaten.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب النكاح / 13987
Ma'bad al-Juhani said: I saw the wife of Sayyiduna Hudhayfah (may Allah be pleased with him), (and she was) a Magian. This is not established; rather, what is correct is that Sayyiduna Hudhayfah (may Allah be pleased with him) married a Jewish woman.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب النكاح / 13988