Surah Al-Mumtahana (60) — Ayah 10

(Ayah 10) ➊ {يٰۤاَيُّهَا الَّذِيْنَ اٰمَنُوْۤا اِذَا جَآءَكُمُ الْمُؤْمِنٰتُ مُهٰجِرٰتٍ … :} In these verses, the command regarding several matters arising due to severing ties with the polytheists has been stated, for example, whether the wives of disbelievers who become Muslim and migrate to the Muslims should be returned or not, and whether the marriage between a husband and wife remains intact if one of them becomes Muslim, etc.

➋ At the time of Hudaybiyyah, one of the conditions set by Suhail bin Amr, the representative of the disbelievers, which the Muslims did not accept but Suhail refused to make peace without it, was: [ لاَ يَأْتِيْكَ مِنَّا أَحَدٌ وَ إِنْ كَانَ عَلٰی دِيْنِكَ إِلاَّ رَدَدْتَهُ إِلَيْنَا وَخَلَّيْتَ بَيْنَنَا وَبَيْنَهُ ] [ بخاري، المغازي، باب غزوۃ الحدیبیۃ : ۴۱۸۰،۴۱۸۱ ] “Whoever comes to you from us, even if he is upon your religion, you will return him to us and you will not interfere between us and him.” See the amazing arrangement of Allah that Suhail could not have it written explicitly that women were included in this. In a narration of Sahih Bukhari: [ فَقَالَ سُهَيْلٌ وَ عَلٰی أَنَّهُ لاَ يَأْتِيْكَ مِنَّا رَجُلٌ وَ إِنْ كَانَ عَلٰی دِيْنِكَ إِلاَّ رَدَدْتَهُ إِلَيْنَا ] [بخاري، الشروط، باب الشروط في الجہاد و المصالحۃ … : ۲۷۳۱، ۲۷۳۲ ] “Suhail said, this condition also, that whoever from our side comes to you, even if he is upon your religion, you will return him to us.” After this, the disbelievers could not say why you do not return the women who become Muslim. When the treaty was concluded, the Messenger of Allah (peace and blessings be upon him) ordered all the companions to sacrifice and shave their heads and exit ihram. At that time, Suhail’s son Abu Jandal (may Allah be pleased with him) came as a Muslim, so the Messenger of Allah (peace and blessings be upon him) returned him at his father’s request, and during the period of the treaty, whoever man came to him (the Prophet ﷺ) from Makkah, he returned him even if he was a Muslim. Now, several women who had believed migrated and reached Madinah, among them was Umm Kulthum bint Uqbah bin Abi Mu’it. At that time, she was young; her family came to the Messenger of Allah (peace and blessings be upon him) and demanded her return, so Allah revealed guidance. [ بخاري، المغازي، باب غزوۃ الحدیبیۃ : ۴۱۸۰،۴۱۸۱ ]

➌ { فَامْتَحِنُوْهُنَّ اَللّٰهُ اَعْلَمُ بِاِيْمَانِهِنَّ … :} Addressing the believers, it was said that when believing women migrate to you, examine them to see whether they have migrated because of faith or for some other reason. In this examination, you are not responsible for knowing what is hidden in their hearts; this is Allah’s work. Your duty is that if they pledge to those matters which are coming in the next verse (12), then do not return them to the disbelievers. It is noteworthy here that Allah did not command the examination of any man who migrated, because migration and jihad are sufficient for their test. Allah has testified to the sincerity of all the emigrants. (See Hashr: 8) Whereas jihad is not obligatory upon women, through which the genuine and the false are distinguished. (Shanqiti)

➍ { لَا هُنَّ حِلٌّ لَّهُمْ وَ لَا هُمْ يَحِلُّوْنَ لَهُنَّ:} In this, the reason for not returning them has been stated: neither believing women are lawful for the disbelievers nor are disbelieving men lawful for believing women. Therefore, if a woman becomes Muslim, she will be separated from her disbelieving husband. Then, if she waits for her husband to become Muslim and he does, the marriage will remain, even if the woman migrated first and the husband migrated later, as narrated from Ibn Abbas (may Allah be pleased with them), he said: [ رَدَّ النَّبِيُّ صَلَّی اللّٰهُ عَلَيْهِ وَسَلَّم ابْنَتَهُ زَيْنَبَ عَلٰی أَبِي الْعَاصِ بْنِ الرَّبِيْعِ، بَعْدَ سِتِّ سِنِيْنَ بِالنِّكَاحِ الْأَوَّلِ وَلَمْ يُحْدِثْ نِكَاحًا ] [ترمذي، النکاح، باب ما جاء في الزوجین المشرکین یسلم أحدھما : ۱۱۴۳، وقال الألباني صحیح ] “The Messenger of Allah (peace and blessings be upon him) returned his daughter Zaynab (may Allah be pleased with her) to Abu al-As bin Rabi’ (may Allah be pleased with him) after six years in the first marriage, and did not perform a new marriage.” And if the woman does not wait for her husband to become Muslim, she is permitted to marry any Muslim, as will be mentioned ahead.

➎ { وَ اٰتُوْهُمْ مَّاۤ اَنْفَقُوْا:} That is, the polytheist husbands of the Muslim women who migrated should be given back what they spent on their marriage. Note that these rulings are about the women of those polytheists who have a treaty with the Muslims.

➏ {وَ لَا جُنَاحَ عَلَيْكُمْ اَنْ تَنْكِحُوْهُنَّ اِذَاۤ اٰتَيْتُمُوْهُنَّ اُجُوْرَهُنَّ:} That is, if they do not wait for their husbands to become Muslim and wish to marry, then the Muslims are permitted to marry them, provided the necessary conditions for marriage are fulfilled, such as the permission of the guardian, completion of the waiting period, payment of the dowry, etc.

➐ {وَ لَا تُمْسِكُوْا بِعِصَمِ الْكَوَافِرِ: ’’عِصَمٌ‘‘ ’’عِصْمَةٌ‘‘} is the plural of `ismah`, meaning marriage, and {’’ الْكَوَافِرِ ‘‘ ’’كَافِرَةٌ‘‘} is the plural, just as {’’ضَارِبَةٌ‘‘} is the plural of {’’ضَوَارِبُ‘‘}, disbelieving women. That is, those men who become Muslim and their wives remain upon disbelief, it is not permissible for them to keep them in their marriage, rather it is obligatory to divorce them. Thus, it is narrated from Miswar and Marwan bin Hakam that when the Messenger of Allah (peace and blessings be upon him) made a treaty with the disbelievers of Quraysh on the day of Hudaybiyyah, some believing women came to him, so Allah revealed these verses: « يٰۤاَيُّهَا الَّذِيْنَ اٰمَنُوْۤا اِذَا جَآءَكُمُ الْمُؤْمِنٰتُ مُهٰجِرٰتٍ … وَ لَا تُمْسِكُوْا بِعِصَمِ الْكَوَافِرِ » [ الممتحنۃ : ۱۰ ] “O you who have believed! When believing women come to you as emigrants… and do not hold back the bonds of disbelieving women.” So Umar bin Khattab (may Allah be pleased with him) divorced his two (polytheist) wives that day, one of whom was married by Muawiyah bin Abu Sufyan and the other by Safwan bin Umayyah (who were polytheists at that time). [ بخاري، الشروط، باب الشروط في الجہاد… : ۲۷۳۱،۲۷۳۲ ] Ibn Abbas (may Allah be pleased with them) said that Qareebah bint Abi Umayyah was in the marriage of Umar bin Khattab (may Allah be pleased with him), he divorced her, so Muawiyah bin Abu Sufyan married her, and Umm Hakim bint Abu Sufyan was in the marriage of Iyas bin Ghanm Fahri, he divorced her, so Abdullah bin Uthman Thaqafi married her. [ بخاري، الطلاق، باب نکاح من أسلم من المشرکات و عدتہن : ۵۲۸۷ ]

➑ {وَ سْـَٔلُوْا مَاۤ اَنْفَقْتُمْ وَ لْيَسْـَٔلُوْا مَاۤ اَنْفَقُوْا … :} Its conjunction is on {’’ وَ اٰتُوْهُمْ مَّاۤ اَنْفَقُوْا ‘‘}. The women who migrated were either from those polytheists with whom the Messenger of Allah (peace and blessings be upon him) was at war. Regarding them, Abdullah bin Abbas (may Allah be pleased with them) said: “The relationship of the polytheists with the Messenger of Allah (peace and blessings be upon him) and the believers was of two types: one, the polytheists of war (those at war), he (peace and blessings be upon him) fought them and they fought him, and the other, the polytheists of treaty (those with a pact). If a woman from the polytheists of war migrated, she would not be proposed for marriage until she became pure after menstruation. When she became pure, marriage was lawful for her. Then, if her husband migrated before her marriage, she would be returned to him. If any of their slaves or slave-girls migrated, both would become free and would have the same rights as other emigrants. (Then regarding the polytheists of treaty, he mentioned as in the narration of Mujahid) And if any slave or slave-girl of the polytheists of treaty migrated, they would not be returned, but their prices would be given.” [ بخاري، الطلاق، باب نکاح من أسلم من المشرکات وعدتھن : ۵۲۸۶ ]

The second type of Muslim women who migrated were the wives of those polytheists with whom the Messenger of Allah (peace and blessings be upon him) had a peace treaty. The ruling about them is stated in this verse: do not return them to the polytheists, rather, give back to them what they spent on their marriage, and do not hold back disbelieving women, rather, divorce them. And since there is peace between you, whatever you spent on those polytheist women whom you have left, you may demand it from the polytheists, and they may demand from you what they spent on the women who migrated to you.

10. 1 In the Treaty of Hudaybiyyah, one clause was that if anyone from Mecca came to the Muslims, he would have to be returned, but it was not specified whether this applied to men or women. Apparently, both were included in the covenant. Thus, later, some women migrated from Mecca to the Muslims, and the disbelievers demanded their return. Upon this, Allah provided guidance to the Muslims in this verse and gave this command. The meaning of "testing" is to investigate whether the woman who has migrated and is expressing faith has not come due to being upset with her disbelieving husband, or out of love for a Muslim, or for some other purpose, and is only claiming faith to seek refuge here.

10. 2 That is, you should reach this conclusion through your investigation and have a strong presumption that they are truly believing women.

10. 3 This is the reason for not returning them to their disbelieving husbands: now no believing woman is lawful for a disbeliever, as it was permissible in the early days of Islam. For example, the Prophet ﷺ’s daughter, Hazrat Zainab (may Allah be pleased with her), was married to Abu al-As ibn al-Rabi’ while he was not a Muslim. But this verse forbade such marriages in the future. That is why it is stated here that they are not lawful for each other, so do not return them to the disbelievers. However, if the husband also becomes Muslim, then their marriage can remain, even if the husband migrates after the woman.

10. 4 That is, the dowry (mahr) that their disbelieving husbands gave them, you should pay that to them.

10. 5 This is addressed to the Muslims: these women who have left their disbelieving husbands for the sake of faith and have come to you, you may marry them, provided you pay them their dowry. However, this marriage will be according to the Sunnah, meaning it will take place after the completion of the waiting period (istibra’ al-rahim), and the permission of the guardian (wali) and the presence of two just witnesses are also necessary. However, if the woman has not consummated the marriage, then immediate marriage without a waiting period is permissible.

10. 6 "‘Isam" is the plural of "‘ismah." Here, it refers to the bond of the marriage contract. The meaning is that if the husband becomes Muslim and the wife remains a disbeliever and polytheist, it is not permissible to keep such a polytheist woman in marriage. She should be immediately divorced and separated. Thus, after this command, Hazrat Umar (may Allah be pleased with him) divorced his two polytheist wives, and Hazrat Talhah ibn Ubaydullah (may Allah be pleased with him) divorced his wife (Ibn Kathir). However, if the wife is from the People of the Book, it is not necessary to divorce her, because marriage with them is permissible. Therefore, if she is already present as a wife, there is no need to separate after accepting Islam.

10. 7 That is, regarding those women who, due to remaining on disbelief, went to the disbelievers.

10. 8 That is, regarding those women who became Muslim and migrated to Medina.

10. 9 That is, this mentioned command that both should pay each other the dowry, or even demand it, is Allah’s command. Imam Qurtubi states that this command was specific to that era, and there is consensus among the Muslims on this (Fath al-Qadir). The reason is the treaty that existed between the two parties at that time. In the case of such a treaty in the future, it will be necessary to act upon it; otherwise, not.

10. O you who believe! When believing women come to you as emigrants [20], examine them [21]. Allah knows best their faith. Then if you ascertain that they are believers, do not return them to the disbelievers. They are not lawful for them, nor are the disbelievers lawful for them [22]. But give the disbelievers what they have spent (as dowry). There is no blame upon you if you marry them, provided you give them their due dowries. And do not hold on to marriage bonds with disbelieving women [23]. But ask for what you have spent, and let the disbelievers ask for what they have spent. That is Allah’s judgment; He judges between you. And Allah is All-Knowing, All-Wise.

[20]
Three Categories of Emigrants:

In verses ten and eleven, a very important social issue has been addressed, which had been causing various kinds of confusion since the beginning of the migration. In Makkah, there were many people who themselves had become Muslim but their wives were disbelievers, or the wives had become Muslim but the husbands were disbelievers. Migration made this issue even more serious. There were three categories of emigrants.

(1)
Both Husband and Wife Are Muslim and Have Migrated to Madinah:

The first are those in which both husband and wife are Muslim and both have migrated, such as Sayyiduna Uthman and his wife, i.e., the daughter of the Messenger of Allah ﷺ. Such people had no issue, and generally such couples would reach Madinah together or one after the other.

(2)
Husband Is Muslim in Madinah, Wife Is Disbeliever in Makkah:

The second are those in which the husband was Muslim but the wife or wives were disbelievers, such as Sayyiduna Umar ؓ, who himself migrated to Madinah but his two disbelieving wives remained in Makkah.

(3)
Wife Is Muslim in Madinah, Husband Is Disbeliever in Makkah:

The third are those in which the wife had become Muslim and the husband, a disbeliever, remained in Makkah. For example, the eldest daughter of the Messenger of Allah ﷺ, Sayyidah Zaynab, reached Madinah but her disbelieving husband, Amr ibn al-As, remained in Makkah. For men, this issue was not as serious because they could marry again and did so. But for women, remaining bound in the marital relationship for such a long period was a very serious issue. Then, when the Treaty of Hudaybiyyah took place, one of its conditions was that any Muslim who came from Makkah to Madinah, the Muslims would be obliged to return him to the disbelievers of Makkah. And under this condition, the Muslims did return some people at the demand of the disbelievers. During this time, when Umm Kulthum bint Uqbah migrated to Madinah, the disbelievers also demanded her return. But the Prophet ﷺ did not accept this demand of the disbelievers as correct. The reason was that this condition had been written by the third and last envoy of the disbelievers, Suhayl ibn Amr, in these words:

﴿علي ان لا ياتيك منا رجل فان كان علٰي دينك الا رددته الينا﴾ [بخاري۔ كتاب الشروط۔ باب الشروط فى الجهاد والمصالحة اهل الحرب]

And that if any man from among us, even if he is upon your religion, comes to you, you must return him to us.

Thus, the Prophet ﷺ clearly stated that, according to the wording of this condition, women are automatically exempted. At that time, the misunderstanding of the Quraysh was removed. Otherwise, they had assumed that they could also bring back women. In these verses, the solution to the marital issues of such emigrant women has been explained.

[21]
The Examination of Women Who Migrate:

That is, the true state of faith or the hearts of these emigrant women is best known to Allah, but you should outwardly examine them to see whether they are truly Muslim and have left their homeland solely for the sake of Islam. Was there no worldly or carnal motive behind this migration? Or perhaps they came here after quarreling with their husbands, or out of aversion to domestic disputes, or merely for travel or some other purpose? The addressees of this command are the believers, not the Prophet ﷺ. Therefore, the Prophet ﷺ selected Sayyiduna Umar ؓ for this purpose, and he would examine the women who arrived in Madinah.

[22] Regarding such women who are proven successful in the examination, the first command was that under no circumstances should they be returned to the disbelievers, and the reason given was that after this command, they are no longer lawful for their disbelieving husbands. Two rulings have been derived from this: one is that a difference of religion itself annuls the marriage. The marriage bond between a disbeliever and a believing woman, or a believing man and a disbelieving woman, is automatically broken. The second is that a difference of abode (darayn) also annuls the marriage. For example, if one spouse is in Dar al-Islam and the other in Dar al-Harb, the marriage is automatically dissolved because maintaining this relationship between them is impossible. After this command, all emigrant women were permitted to marry.

[23]
The Annulment of Marriages of Disbelieving Women and the Method of Paying Dowry:

Now, regarding the issue of dowry, for those Muslim women who migrated to Madinah, the command was that whoever among the Muslims marries them, he must pay the previous dowry of that woman to the disbeliever to whom she was previously married, and also pay the dowry agreed upon in the new marriage. And regarding the disbelieving wives of the Muslims and remained with the disbelievers in Makkah, the command was that the disbelievers who have them in their possession or marriage should pay or return the dowry to the Muslims or to that particular Muslim to whom she was previously married. And the Muslims should demand this amount from the disbelievers. That is, in this matter, the disbelievers can demand the dowry amount of their former wives from the Muslims, and the Muslims can demand it from the disbelievers, and this command was revealed because, at that time, due to the Treaty of Hudaybiyyah, there was peace. Such transactions or exchanges could take place between the disbelievers and the Muslims.