Surah Al-Mumtahana (60) — Ayah 10

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.