Surah Al-Mumtahana (60) — Ayah 11

(Ayah 11) {وَ اِنْ فَاتَكُمْ شَيْءٌ مِّنْ اَزْوَاجِكُمْ اِلَى الْكُفَّارِ …:} That is, if the disbelievers do not return the dowry of those women to the Muslims who become disbelievers or remain disbelievers and go from the abode of Islam to the disbelievers, then the Muslims should pay the expenses of those Muslim husbands whose wives flee to the abode of disbelief, from the wealth they seize from the disbelievers. Or, instead of returning the dowry of those women who come from the abode of disbelief to the abode of Islam after becoming Muslims, to the disbelievers, it should be given to those Muslim husbands whose wives flee to the abode of disbelief. In {’’ فَعَاقَبْتُمْ ‘‘} (then take compensation), both things are included in the meaning: that is, acquiring spoils of war in battle or paying the dowry of their women in return. Ibn Kathir writes, in the meaning of this {’’ فَعَاقَبْتُمْ ‘‘} there is breadth; if the dowry of the disbelievers remains to be paid, then it should be given to the Muslims, otherwise, the loss should be compensated from the spoils of war. Ibn Jarir has preferred this view. (Ashraf al-Hawashi)

11. 1. Fa‘āqabtum. So you punish or take retribution. One meaning is that the dowries of the women who come to you as Muslims, which you were to pay to their disbelieving husbands, you should give to those Muslims whose wives, due to being disbelievers, have gone to the disbelievers and the disbelievers have not paid the dowry to the Muslims (i.e., this is also a form of retribution). The second meaning is that you fight the disbelievers in jihad, and from the spoils of war, before distribution, you pay those Muslims whose wives have gone to the land of disbelief, according to their expenses, i.e., compensation for the Muslims’ loss from the spoils of war is also a form of retribution (Aysar al-Tafasir and Ibn Kathir). If compensation is not possible from the spoils of war, then assistance should be given from the Bayt al-Mal.

11. And if any of your wives go over to the disbelievers, and then you have your turn (by gaining spoils from them) [24], then give those whose wives have gone the equivalent of what they had spent (as dowry). And fear Allah in whom you believe.

[24] This decision of Allah Almighty was extremely just and wise for both parties. For the Muslims, it was, in any case, obligatory to obey, but the disbelievers refused to accept it. They were not willing to give to those Muslims the previous dowry of those disbelieving women who had formerly been in their marriage. In this regard, Allah Almighty described two methods by which Muslims could be paid the amount they had given to their disbelieving wives, and both these methods are derived from the word ﴿عاقَبْتُمْ﴾. One meaning of this word has already been clarified in the translation: that such Muslims were paid their due from the spoils of war, and if that was not possible, then from the public treasury (Bayt al-Mal). And the meaning of ﴿عاقَبْتُمْ﴾ is also given as "when your turn comes" or "when your chance arises." This means that the account should be settled through calculation and adjustment. For example, suppose "A" and "B" are two Muslims who are to marry believing women who have reached Madinah from the disbelievers, and their previous dowry, which was agreed upon with the disbelievers, was two hundred dirhams each. On the other hand, "C" and "D" are two disbelievers who are in possession of the disbelieving wives of Muslims in Makkah, and their previous dowry, for example, was one hundred and fifty dirhams each. Now, the Muslims have to pay the disbelievers four hundred dirhams, and they have to receive three hundred dirhams from the disbelievers. So, the Muslims will now settle the account by giving only one hundred dirhams to the disbelievers. And if the matter is the opposite, that is, if the Muslims are to receive something instead of giving, and the disbelievers are not willing to pay or are not paying the full amount, then the situation will be as previously mentioned: they will be paid when spoils of war are obtained from the disbelievers, or this amount can also be paid from the public treasury.