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Medinan · Surah 60 of 114

Al-Mumtahana 60:10

She that is to be examined · ayah 10 of 13

يَٰٓأَيُّهَا ٱلَّذِينَ ءَامَنُوٓا۟ إِذَا جَآءَكُمُ ٱلْمُؤْمِنَٰتُ مُهَٰجِرَٰتٍۢ فَٱمْتَحِنُوهُنَّ ۖ ٱللَّهُ أَعْلَمُ بِإِيمَٰنِهِنَّ ۖ فَإِنْ عَلِمْتُمُوهُنَّ مُؤْمِنَٰتٍۢ فَلَا تَرْجِعُوهُنَّ إِلَى ٱلْكُفَّارِ ۖ لَا هُنَّ حِلٌّۭ لَّهُمْ وَلَا هُمْ يَحِلُّونَ لَهُنَّ ۖ وَءَاتُوهُم مَّآ أَنفَقُوا۟ ۚ وَلَا جُنَاحَ عَلَيْكُمْ أَن تَنكِحُوهُنَّ إِذَآ ءَاتَيْتُمُوهُنَّ أُجُورَهُنَّ ۚ وَلَا تُمْسِكُوا۟ بِعِصَمِ ٱلْكَوَافِرِ وَسْـَٔلُوا۟ مَآ أَنفَقْتُمْ وَلْيَسْـَٔلُوا۟ مَآ أَنفَقُوا۟ ۚ ذَٰلِكُمْ حُكْمُ ٱللَّهِ ۖ يَحْكُمُ بَيْنَكُمْ ۚ وَٱللَّهُ عَلِيمٌ حَكِيمٌۭ

Ya ayyuha allatheena amanooitha jaakumu almu/minatu muhajiratinfamtahinoohunna Allahu aAAlamu bi-eemanihinnafa-in AAalimtumoohunna mu/minatin falatarjiAAoohunna ila alkuffari la hunna hillunlahum wala hum yahilloona lahunna waatoohumma anfaqoo wala junaha AAalaykum an tankihoohunnaitha ataytumoohunna ojoorahunna walatumsikoo biAAisami alkawafiri was-aloo maanfaqtum walyas-aloo ma anfaqoo thalikum hukmuAllahi yahkumu baynakum wallahuAAaleemun hakeem

"O you who have believed, when the believing women come to you as emigrants, examine [i.e., test] them. Allāh is most knowing as to their faith. And if you know them to be believers, then do not return them to the disbelievers; they are not lawful [wives] for them, nor are they lawful [husbands] for them. But give them [i.e., the disbelievers] what they have spent. And there is no blame upon you if you marry them when you have given them their due compensation [i.e., mahr]. And hold not to marriage bonds with disbelieving women, but ask for what you have spent and let them [i.e., the disbelievers] ask for what they have spent. That is the judgement of Allāh; He judges between you. And Allāh is Knowing and Wise."

Saheeh International translation

Recitation by Mishary Alafasy
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Other English translations

Abdel Haleem (Oxford)+

"You who believe, test the believing women when they come to you as emigrants- God knows best about their faith- and if you are sure of their belief, do not send them back to the disbelievers: they are not lawful wives for them, nor are the disbelievers their lawful husbands. Give the disbelievers whatever bride-gifts they have paid- if you choose to marry them, there is no blame on you once you have paid their bride-gifts- and do not yourselves hold on to marriage ties with disbelieving women. Ask for repayment of the bride-gifts you have paid, and let the disbelievers do the same. This is God’s judgement: He judges between you, God is all knowing and wise."

Pickthall (classic)+

"O ye who believe! When believing women come unto you as fugitives, examine them. Allah is Best Aware of their faith. Then, if ye know them for true believers, send them not back unto the disbelievers. They are not lawful for them (the disbelievers), nor are they (the disbelievers) lawful for them. And give them (the disbelievers) that which they have spent (upon them). And it is no sin for you to marry such women when ye have given them their dues. And hold not to the ties of disbelieving women; and ask for (the return of) that which ye have spent; and let them (the disbelievers) ask for that which they have spent. That is the judgment of Allah. He judgeth between you. Allah is Knower, Wise."

Yusuf Ali (classic)+

"O ye who believe! When there come to you believing women refugees, examine (and test) them: Allah knows best as to their Faith: if ye ascertain that they are Believers, then send them not back to the Unbelievers. They are not lawful (wives) for the Unbelievers, nor are the (Unbelievers) lawful (husbands) for them. But pay the Unbelievers what they have spent (on their dower), and there will be no blame on you if ye marry them on payment of their dower to them. But hold not to the guardianship of unbelieving women: ask for what ye have spent on their dowers, and let the (Unbelievers) ask for what they have spent (on the dowers of women who come over to you). Such is the command of Allah: He judges (with justice) between you. And Allah is Full of Knowledge and Wisdom."

Tafsīr · classical commentary

Ibn Kathir

Abridged English, public domain

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Perhaps Allah will make a Friendship between You and Those, whom You hold as Enemies

Allah said to His faithful servants, after ordering them to be enemies with the disbelievers,

عَسَى اللَّهُ أَن يَجْعَلَ بَيْنَكُمْ وَبَيْنَ الَّذِينَ عَادَيْتُم مِّنْهُم مَّوَدَّةً

(Perhaps Allah will make friendship between you and those, whom you hold as enemies.) meaning affection after animosity, tenderness after coldness and coming together after parting from each other,

وَاللَّهُ قَدِيرٌ

(And Allah has power (over all things),) Allah is able to gather opposites and bring together hearts, after feeling hostility and hardness. In this case, the hearts will come together in agreement, just as Allah said when He mentioned His favor on the Ansar,

وَاذْكُرُواْ نِعْمَةَ اللَّهِ عَلَيْكُمْ إِذْ كُنتُم أَعْدَآءً فَأَلَّفَ بَيْنَ قُلُوبِكُمْ فَأَصْبَحْتُم بِنِعْمَتِهِ إِخْوَاناً وَكُنتُمْ عَلَى شَفَا حُفْرَةٍ مِّنَ النَّارِ فَأَنقَذَكُمْ مِّنْهَا

(And remember Allah's favor on you, for you were enemies one to another but He joined your hearts together, so that, by His grace, you became brethren and were on the brink of a pit of Fire, and He saved you from it.) (3:103) Also the Prophet said to them,

«أَلَمْ أَجِدْكُمْ ضُلَّالًا فَهَدَاكُمُ اللهُ بِي، وَكُنْتُمْ مُتَفَرِّقِينَ فَأَلَّفَكُمُ اللهُ بِي؟»

(Did I not find you misguided, and Allah guided you through me; and divided, and Allah united your hearts through me) Allah the Exalted said,

وَإِن يُرِيدُواْ أَن يَخْدَعُوكَ فَإِنَّ حَسْبَكَ اللَّهُ هُوَ الَّذِى أَيَّدَكَ بِنَصْرِهِ وَبِالْمُؤْمِنِينَ - وَأَلَّفَ بَيْنَ قُلُوبِهِمْ لَوْ أَنفَقْتَ مَا فِى الاٌّرْضِ جَمِيعاً مَّآ أَلَّفْتَ بَيْنَ قُلُوبِهِمْ وَلَـكِنَّ اللَّهَ أَلَّفَ بَيْنَهُمْ إِنَّهُ عَزِيزٌ حَكِيمٌ

(He it is Who has supported you with His help and with the believers. And He has united their hearts. If you had spent all that is in the earth, you could not have united their hearts, but Allah has united them. Certainly He is Almighty, All-Wise.) (8:62,63) And in the Hadith:

«أَحْبِبْ حَبِيبَكَ هَوْنًا مَا، فَعَسَى أَنْ يَكُونَ بَغِيضَكَ يَوْمًا مَا، وَأَبْغِضْ بَغِيضَكَ هَوْنًا مَا، فَعَسَى أَنْ يَكُونَ حَبِيبَكَ يَوْمًا مَا»

(Love your loved one moderately, because one day, he might become your enemy. Hate your hated one moderately, because one day, he might become your loved one.) Allah's statement,

وَاللَّهُ غَفُورٌ رَّحِيمٌ

(And Allah is Oft-Forgiving, Most Merciful.) means, Allah forgives the disbelief of the disbelievers if they repent from it, returned to their Lord and surrendered to Him in Islam. Surely, He is the Oft-Forgiving, the Most-Merciful to those who repent to Him from their sins, no matter what type of the sin it is.

The Permissibility of being Kind to Disbelievers who do not fight against the Religion And Allah's statement;

لاَّ يَنْهَـكُمُ اللَّهُ عَنِ الَّذِينَ لَمْ يُقَـتِلُوكُمْ فِى الدِّينِ وَلَمْ يُخْرِجُوكُمْ مِّن دِيَـرِكُمْ

(Allah does not forbid you with those who fought not against you on account of religion nor drove you out of your homes,) means, those who did not have a role in your expulsion. Therefore, Allah does not forbid you from being kind to the disbelievers who do not fight you because of the religion, such as women and weak disbelievers,

أَن تَبَرُّوهُمْ

(to deal kindly) to be gentle with them,

وَتُقْسِطُواْ إِلَيْهِمْ

(and justly with those) to be fair with them

إِنَّ اللَّهَ يُحِبُّ الْمُقْسِطِينَ

(Verily, Allah loves those who deal with equity.) Imam Ahmad recorded that Asma' bint Abu Bakr said, "My mother, who was an idolatress at the time, came to me during the Treaty of Peace, the Prophet conducted with the Quraysh. I came to the Prophet and said, `O Allah's Messenger! My mother came visiting, desiring something from me, should I treat her with good relations' The Prophet said,

«نَعَمْ صِلِي أُمَّك»

(Yes. Keep good relation with your mother.)" The Two Sahihs recorded this Hadith. Imam Ahmad recorded that `Abdullah bin Zubayr said, "Qutaylah came visiting her daughter, Asma' bint Abi Bakr, with some gifts, such as Dibab, cheese and clarified (cooking) butter, and she was an idolatress at that time. Asma' refused to accept her mother's gifts and did not let her enter her house. `A'ishah asked the Prophet about his verdict and Allah sent down the Ayah,

لاَّ يَنْهَـكُمُ اللَّهُ عَنِ الَّذِينَ لَمْ يُقَـتِلُوكُمْ فِى الدِّينِ

(Allah does not forbid you with those who fought not against you on account of religion) until the end of the Ayah. Allah's Messenger ﷺ ordered Asma' to accept her mother's gifts and to let her enter her house." Allah's statement,

إِنَّ اللَّهَ يُحِبُّ الْمُقْسِطِينَ

(Allah loves those who deal with equity.) was duly explained in the Tafsir of Surat Al-Hujurat. We also mentioned the authentic Hadith,

«الْمُقْسِطُونَ عَلى مَنَابِرَ مِنْ نُورٍ عَنْ يَمِينِ الْعَرْشِ، الَّذِينَ يَعْدِلُونَ فِي حُكْمِهِمْ وَأَهَالِيهِمْ وَمَا وَلُوا»

(The just, who are fair in their decisions, families and those under their authority, will be on podiums made of light, to the right of the Throne.)

The Prohibition of being Kind towards Combatant Disbelievers

إِنَّمَا يَنْهَـكُمُ اللَّهُ عَنِ الَّذِينَ قَـتَلُوكُمْ فِى الدِّينِ وَأَخْرَجُوكُم مِّن دِيَـرِكُمْ وَظَـهَرُواْ عَلَى إِخْرَجِكُمْ أَن تَوَلَّوْهُمْ

(It is only as regards those who fought against you on account of religion, and have driven you out of your homes, and helped to drive you out that Allah forbids you to befriend them.) (60:9) means, `Allah forbids you from being kind and befriending with the disbelievers who are openly hostile to you, those who fought against you, expelled you and helped to expel you. Allah the Exalted forbids you from being their friends and orders you to be their enemy.' Then Allah stresses His threat against being friends with them, by saying,

وَمَن يَتَوَلَّهُمْ فَأُوْلَـئِكَ هُمُ الظَّـلِمُونَ

(And whosoever will befriend them, then such are the wrongdoers.) As He said;

يَـأَيُّهَا الَّذِينَ ءَامَنُواْ لاَ تَتَّخِذُواْ الْيَهُودَ وَالنَّصَـرَى أَوْلِيَآءَ بَعْضُهُمْ أَوْلِيَآءُ بَعْضٍ وَمَن يَتَوَلَّهُمْ مِّنكُمْ فَإِنَّهُ مِنْهُمْ إِنَّ اللَّهَ لاَ يَهْدِى الْقَوْمَ الظَّـلِمِينَ

(O you who believe! Take not the Jews and the Christians as protecting friends, they are but protecting friends of each other. And if any among you takes them (as protecting friends), then surely, he is one of them. Verily, Allah guides not those people who are the wrongdoers) (5:51)

يأَيُّهَا الَّذِينَ ءَامَنُواْ إِذَا جَآءَكُمُ الْمُؤْمِنَـتُ مُهَـجِرَتٍ فَامْتَحِنُوهُنَّ اللَّهُ أَعْلَمُ بِإِيمَـنِهِنَّ فَإِنْ عَلِمْتُمُوهُنَّ مُؤْمِنَـتٍ فَلاَ تَرْجِعُوهُنَّ إِلَى الْكُفَّارِ لاَ هُنَّ حِلٌّ لَّهُمْ وَلاَ هُمْ يَحِلُّونَ لَهُنَّ وَءَاتُوهُم مَّآ أَنفَقُواْ وَلاَ جُنَاحَ عَلَيْكُمْ أَن تَنكِحُوهُنَّ إِذَآ ءَاتَيْتُمُوهُنَّ أُجُورَهُنَّ وَلاَ تُمْسِكُواْ بِعِصَمِ الْكَوَافِرِ وَاسْـَلُواْ مَآ أَنفَقْتُمْ وَلْيَسْـَلُواْ مَآ أَنفَقُواْ ذَلِكُمْ حُكْمُ اللَّهِ يَحْكُمُ بَيْنَكُمْ وَاللَّهُ عَلِيمٌ حَكِيمٌوَإِن فَاتَكُمْ شَىْءٌ مِّنْ أَزْوَجِكُمْ إِلَى الْكُفَّـرِ فَعَـقَبْتُمْ فَآتُواْ الَّذِينَ ذَهَبَتْ أَزْوَجُهُمْ مِّثْلَ مَآ أَنفَقُواْ وَاتَّقُواْ اللَّهَ الَّذِى أَنتُمْ بِهِ مُؤْمِنُونَ

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Tafsir Saʿdi

English translation, public domain

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Условия Худейбийского мира обязывали Пророка, да благословит его Аллах и приветствует, возвращать язычникам всех мусульман, которые сбегут от них в Медину. Текст мирного договора носил общий характер и распространялся как на мужчин, так и на женщин. Аллах не запретил Своему посланнику, да благословит его Аллах и приветствует, возвращать в руки неверующих мужчин, чтобы он мог выполнить свои обязательства и не нарушить мира, который сам по себе принес мусульманам большую пользу. Однако Господь запретил возвращать к неверующим уверовавших женщин, потому что подобный шаг мог повлечь за собой много вредных последствий. Аллах велел мусульманам испытывать переселившихся к ним мусульманок в том случае, если они усомнятся в искренности их веры, дабы различить между теми, кто предан Аллаху и Его посланнику, да благословит его Аллах и приветствует, и теми, кто переселился только ради того, чтобы встретиться с мужем, просто переехать в другой город или обрести иную мирскую выгоду. Если выяснялось, что переселившиеся женщины преследовали исключительно мирские цели, то Аллах предписал возвращать их к неверующим, дабы выполнить условия договора и не повлечь дурных последствий. Если же было очевидно или выяснялось в результате испытания, что они уверовали искренне, то их нельзя было отправлять обратно, ибо неверующим не дозволено жениться на них, а верующим женщинам не дозволено выходить замуж за неверующих. Таким образом, Аллах принял во внимание и значительную пагубность последствий того, что правоверные мусульманки могут быть возвращены к язычникам, и обязательство мусульман возвращать переселившимся к ним верующих, и приказал заботиться об уверовавших женщинах и не возвращать их к неверующим, а взамен - отправлять к ним их неверующих жен и отдавать им брачный дар (махр), который они потратили на жен, которых лишились. Более того, Он разрешил мусульманам жениться на них, даже несмотря на то, что у них были неверующие мужья, но при условии, что мусульмане заплатят своим будущим женам полагающийся брачный дар и будут обеспечивать их надлежащим образом. Мусульманка не имеет права выходить замуж за неверующего, и мусульманин не может жениться на неверующей, пока те не отрекутся от неверия. Исключением являются лишь женщины из числа людей Писания, на которых Аллах разрешил жениться мусульманам-мужчинам. А если мусульманам запрещено находиться с неверующими в браке, то им тем более не дозволено вступать в такой брак. О правоверные! Когда вы будете отправлять своих неверующих жен к неверующим, то потребуйте вернуть вам то, что вы заплатили своим бывшим женам в качестве брачного дара. Если же неверующие станут удерживать то, что они должны вернуть вам, то вам разрешается вычесть эту сумму из тех денег, что вы должны неверующим за то, что их бывшие жены бросили их после обращения в ислам. Этот аят свидетельствует о том, что если муж вынужден прервать супружескую жизнь со своей женой, то имеет право на возмещение этого. Если же после заключения брака кто-либо сообщает о том, что муж по причине молочного родства или по какой-либо иной причине не может состоять в браке со своей женой, то сообщивший об этом должен выплатить мужу сумму, потраченную им на брачный дар. Так Аллах изложил и разъяснил вам свое волеизъявление. Среди Его прекрасных имен - Знающий и Мудрый. Он ведает о том, какие законы приемлемы для вас, и утверждает их для вас благодаря Своей мудрости и Своему милосердию.

Maʿārif al-Qur'ān

Mufti Shafi Usmani, English

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Commentary

Cause of Revelation

Peace Treaty of Hudaibiyah and an Analysis of some of its Clauses

These verses are related to the event of the treaty of Hudaibiyah which was discussed at legnth in Surah Al-Fath. After protracted negotiation, a treaty was concluded between the Quraish of Makkah and the Messenger of Allah ﷺ for ten years. Some of the terms of the treaty were accepted only under pressure and the Muslims apparently felt subdued and thus were greatly disturbed. Therefore, the noble Companions expressed extreme grief and indignation but the Messenger of Allah ﷺ was working under Divine direction, in that the temporary feeling of defeat is actually a prelude to 'a clear victory', so he conceded to the fragile terms and conditions of the treaty, and eventually the blessed Companions also accepted.

One of the terms of the treaty was that if any person goes away to Madinah from Makkah, the Holy Prophet ﷺ will send him back to Makkah, but if any person goes away to Makkah from Madinah, he will not be returned. The wordings of this clause are general, apparently covering both men and women. In other words, if a Muslim man or woman goes to the Holy Prophet ﷺ from Makkah, he shall send him or her back.

The treaty had hardly been concluded while the Holy Prophet ﷺ was still in Hudaibiyah, several incidents occurred that were trying for the Muslims. One such incident was that of Sayyidna Abu Jandal ؓ who was imprisoned and held captive by the pagan Quraish in Makkah. Somehow he managed to escape and appeared before the Holy Prophet ﷺ in the Muslim camp with his feet in fetters. When the blessed Companions saw him, they were totally puzzled. They felt that he should be returned in terms of the treaty but, on the other hand, they thought it would be improper for them to hand their oppressed brother back to the oppressive enemies. But the Holy Prophet ﷺ had already concluded the treaty and the protection and firmness of the principles of Shari` ah could not be sacrificed on account of an individual. The Holy Prophet ﷺ was, at the same time, foresighted and farsighted. He could foresee the victory of the oppressed Muslims and their salvage very soon. The Holy Prophet ﷺ for sure must have felt natural grief about returning Sayyidna Abu Jandal ؓ ، but as he was bound by the terms of the treaty, he explained to him the situation and sent him off.

A similar incident was that of Sayyidah Sa'idah bint al-Harith al-Aslamiyyah ؓ ، a Muslim lady. She was married to Saifi Ibn Ansab who was a non-believer. Some reports give his name as Musafir al-Makhzumi. Up to this point, marriage relationship between Muslims and non-Muslims was not forbidden. This Muslim lady escaped from Makkah and went to the Holy Prophet ﷺ . The husband followed her and demanded that the Holy Prophet ﷺ should restore his wife to him because he [ the Holy Prophet ﷺ ] has accepted this condition and the seal of the treaty is still fresh. On that occasion, the above verses were revealed, which declare that marriage tie between Muslims and idol-worshippers is forbidden. Consequently, if a Muslim lady, whether her Islam was known from beforehand, as in the case of Sayyidah Sa` idah bint al-Harith ؓ ، or her Islam is verified at the time of migration, emigrates and joins the Holy Prophet ﷺ ، she will not be returned to her non-Muslim husband, because she is forbidden to him. [ Qurtubi cited this incident in his commentary on the authority of Sayyidna Ibn ` Abbas ؓ ].

Hence, these verses clarify that the assumption that the general sense of the wordings of the treaty cover both genders, males as well as females, is incorrect. This condition is acceptable in the case of men, and not in the case of women. The best that can be done in their case is as follows: If a lady becomes Muslim and emigrates to the Muslim land, her mahr [ dower ] should be returned to her non-Muslim husband which he had spent on her. On the basis of these verses, the Holy Prophet ﷺ clarified the meaning of the clause. Hence, he did not restore the aforementioned Sa'idah ؓ to her non-Muslim husband.

According to some reports, Umm Kulthum, the daughter of the notorious ` Utbah Ibn Abi Mu` ait, emigrated from Makkah and came to the Holy Prophet ﷺ . The disbelievers- invoked the treaty and demanded her return. Some reports also indicate that she was married to ` Amr Ibn al-` As [ who had not become a Muslim until then ]. Her two brothers along with her escaped from Makkah and reached the Holy Prophet ﷺ . Her husband ` Amr Ibn al-'As ؓ came to Madinah to take her back. In compliance with the terms of the treaty, the two brothers, ` Umarah and Walid, were sent back, but the Holy Prophet ﷺ did not send Sayyidah Umm Kulthum ؓ and said that the clause applied to men, not to women. At this, the verses were revealed and confirmed the Holy Prophet's ﷺ interpretation.

Besides, several other reports relate similar incidents of other women who reached the Holy Prophet after embracing Islam. Obviously, there is no contradiction in these narratives. Possibly all these incidents have taken place.

Exemption of Women from the Terms of the Treaty is not a Breach of Treaty. It is a clarification by Mutual Agreement of Parties Concerned.

Qurtubi's above narration indicates that the wordings of the relevant clause were, though general, did not, according to the Holy Prophet ﷺ ، cover women. Therefore, he clarified this position in Hudaibiyah, and these verses were revealed to confirm it. According to other versions, it seems that the Holy Prophet ﷺ went along with the general import of the clause, which covered women as well as men. These verses abrogated the general meaning of it, and the Holy Prophet ﷺ made it clear to the Quraish of Makkah, then and there, that the women are exempted from the clause. Consequently, he did not send them back. This shows that this exception was neither a breach of the treaty, which was highly unlikely from the Holy Prophet ﷺ ، nor was it the case of ending the treaty. It was, in fact, a case of clarifying the true import of the clause. It does not matter whether this was the Holy Prophet's ﷺ understanding from the outset or whether he restricted the generality of the clause to men, to the exclusion of women, after the revelation of the verse. At any rate, even after the clarification, both parties confirmed the peace treaty and acted upon it for a period of time. As a result of the peace pact, roads were safe and secure. The Messenger of Allah ﷺ wrote letters to the kings and emperors of the world. Abu Sufyan's trading caravan freely went into the Syrian territory where Heraclius invited him to his royal court and investigated about the Messenger of Allah ﷺ .

In short, even after the clarification both parties took the treaty as a valid document and acted upon it for a period of time. Therefore, it is not true to construe the clarification of the clause as a breach or termination of the treaty. Allah knows best!

Let us now study the meaning of the verses:

Testing the Believing Emigrant Women

يَا أَيُّهَا الَّذِينَ آمَنُوا إِذَا جَاءَكُمُ الْمُؤْمِنَاتُ مُهَاجِرَ‌اتٍ فَامْتَحِنُوهُنَّ ۖ اللَّـهُ أَعْلَمُ بِإِيمَانِهِنَّ (0 you who believe, when the believing women come to you as emigrants, put them to a test, Allah knows best about their faith...60:10). The verse purports to say that women are exempted from the relevant clause of the treaty because of their being Muslims. Since it was possible that a woman had fled from Makkah, not because of her faith, but on account of displeasure with her husband or being in love with some person in Madinah or for some other mundane motive. Such women are not exempted from the terms of the treaty, but it is incumbent to send her back. Therefore the Muslims were ordered by this verse that they should put such a woman to a test to discover whether she was sincere and honest in her faith. Allah further states: اللَّـهُ أَعْلَمُ بِإِيمَانِهِنَّ (Allah knows best about their faith... 60:10) It indicates that real faith belongs to human heart which none besides Allah knows. It is possible to estimate a man's faith by his verbal confession and circumstantial evidence. Muslims are legally obliged to do just this much.

Sayyidna Ibn ` Abbas ؓ has explained the method of their testing as follows: An oath used to be taken from an emigrant woman to assert that she had not come because of hatred for her husband, or for the love of any man in Madinah, or for any mundane reason, but purely and solely for the sake of Allah and for the love and pleasure of His Messenger ﷺ . When she swore an oath to this effect, the Messenger of Allah ﷺ would permit her to reside in Madinah and would return to her disbelieving husband the dower [ mahr ] etc., that he might have spent on the believing emigrant wife. [ Qurtubi ]

Sayyidah Siddiqah ؓ reports, as recorded in Tirmidhi [ and he grades it as 'hasan sahih'], that the method of testing them was the pledge of allegiance as in the forthcoming verse: إِذَا جَاءَكَ الْمُؤْمِنَاتُ يُبَايِعْنَكَ (... when the believing women come to you, seeking bai'ah [ a pledge of allegiance ] with you ....60:12). In other words, the methodology of testing the faith of the emigrant women was the pledge the women swore on the blessed hands of the Messenger of Allah ﷺ as set out in this verse. It is not inconceivable that they had first to take an oath as mentioned in the narration of Sayyidna Ibn ` Abbas ؓ and then they had to accomplish it by giving an oath of loyalty as mentioned in the verse 12. And Allah knows best!

فَإِنْ عَلِمْتُمُوهُنَّ مُؤْمِنَاتٍ فَلَا تَرْ‌جِعُوهُنَّ إِلَى الْكُفَّارِ‌ (...So, if you find them faithful, do not send them back to the disbelievers. . .60:10). In other words, when you have tested the emigrant women according to the above method and ascertained to your satisfaction that they were sincere and honest in their faith, then it is not permissible to send them back to the unbelievers.

لَا هُنَّ حِلٌّ لَّهُمْ وَلَا هُمْ يَحِلُّونَ لَهُنَّ (...Neither these [ women ] are lawful for them, nor are those [ disbelievers)] lawful for these [ women ]. _60:10). That is to say, neither the believing women are permitted to remain in marriage with the unbelieving men nor are the unbelieving men permitted to marry them again.

Ruling

The verse states that any woman who was married to an unbeliever, but later she embraced Islam while her husband did not, the marriage tie between a believing woman and her disbelieving husband was ipso facto dissolved. This is the reason why women were exempted from the relevant clause of the treaty, as she was no longer permitted to her disbelieving husband.

وَآتُوهُم مَّا أَنفَقُوا (...And give them [ the disbelievers ] that [ dower ] which they had paid [ to these women ]....60:10) In other words, the emigrant believing woman's unbelieving husband should be refunded the dower etc. that he spent on her at the time of marriage. The relevant clause of treaty merely exempted women from being returned to their disbelieving husbands, because the relationship is not permitted, but the wealth or money the latter had spent on the former should be paid back. The verse does not address the emigrant women to refund what their former husbands have spent on them. It addresses the Muslim Community as a whole to return the wealth or money, because it was possible, rather most likely that the wealth that was given to her might have finished or might have been depleted and they might be left with nothing to return. Hence, the Muslim Community as a whole was entrusted with the responsibility of paying back on her behalf to fulfill the terms of the treaty. If this responsibility could be carried out by the State from its public treasury [ bait-ul-mal ], it would be so much the better, or it should have been paid by contributions of the Muslims. [ Qurtubi ]

وَلَا جُنَاحَ عَلَيْكُمْ أَن تَنكِحُوهُنَّ إِذَا آتَيْتُمُوهُنَّ أُجُورَ‌هُنَّ (...And there is no sin for you if you marry them, when you give them their dowers....60:10) The previous verse made it clear that the marriage tie between the emigrant believing woman and her disbelieving husband dissolves, and thus she is forbidden to him. The current verse clarifies that it is possible for a Muslim man to marry this emigrant lady, although her former husband is still alive and did not divorce her, but in terms of the sacred law of Shari’ ah, the marriage with him stands dissolved. Marriage, therefore, with another Muslim is permitted.

It is clear from the above verse that if an unbeliever's wife becomes Muslim, the marriage tie is automatically broken. The question now is when will it be possible for her to marry another Muslim man. According to Imam Abu Hanifah (رح) the basic principle is as follows: When the wife becomes a convert to the Islamic faith and her husband remains an infidel, the Muslim ruler should call upon the husband to embrace the faith also. If he accepts, the woman continues to be his wife; but if he refuses, the Muslim ruler must separate them. Thus separation is completed between them. She may then marry any Muslim man of her choice. But obviously, a Muslim ruler can approach the husband only in an Islamic country. It is not possible to approach him, if he is in a non-Muslim country, to make any such requisition and decide on separation in case of refusal. In such an instance, the way out is for the woman to migrate to the Islamic State or join the Muslim army base, in which case the separation will be accomplished. This situation, in the legal parlance of the jurists, is referred to اِختِلَافُ الدَّارین as ikhtilaf-ud-darain or difference of states. It means that if there is a difference of states between an unbelieving husband and a believing wife, the former being in un-Islamic State and the latter in the Islamic state, the separation is accomplished, and the wife is free to marry someone else. [ Hidayah and others ]

The verse, while permitting the Muslims to marry such women, has added: إِذَا آتَيْتُمُوهُنَّ أُجُورَ‌هُنَّ "when you give them their dowers". This in fact is not a condition of marriage, because the jurists unanimously agree that the validity of marriage is not conditional upon payment of dower [ mahr ], though its payment is compulsory on or after marriage. It has been mentioned here as a condition presumably because one mahr has already been returned to the unbelieving husband, and the Muslim who wished to marry her might think that there was no need for him to pay another mahr, since her mahr has already been paid. Hence, the verse clarifies that the previous mahr was in lieu of the previous marriage. When the next marriage would take place, another mahr would be compulsory.

وَلَا تُمْسِكُوا بِعِصَمِ الْكَوَافِرِ‌ (...And do not hold on to the ties of marriage with the disbelieving women....60:10) The word ` isam is the plural of ` ismah, which originally means 'protection/bond' and it refers to the marriage bond that is protected. The word kawafir is the plural of kafirah and it refers to a 'pagan woman'. It cannot refer to an unbelieving woman who is a kitabiyyah [ a follower of a previously revealed scripture, like a Jew or a Christian ], because it is permitted to marry her by the express text of the Qur'an. The purport of the verse is to explain that the marriage between the Muslims and the pagans that was allowed so far is now repealed. It is forbidden for a Muslim now to marry a pagan woman. Such marriages that had been contracted previously have also been cancelled. It is not lawful for any Muslim man to carry on marriage ties with women who are polytheists. When this verse was revealed, the blessed Companions gave up their wives who were polytheists. Sayyidna ` Umar ؓ had two pagan wives who were with him until the migration, but when the migration took place, they remained in Makkah. When this verse was revealed, Sayyidna ` Umar ؓ divorced them. [ Transmitted by al-Baghawi from Zuhri, as quoted by Mazhari ]. The word talaq (divorce) used in this narration means to 'sever relationship'. Talaq in its technical sense was not needed here, because by virtue of this verse the marriage tie or bond has already been broken.

وَاسْأَلُوا مَا أَنفَقْتُمْ وَلْيَسْأَلُوا مَا أَنفَقُوا (..., and ask that which you had paid, and they should ask to pay that which they had paid ....60:10). It was stated previously that when a woman converts to Islam and emigrates to Madinah, she is not sent back to Makkah, but becomes part of the Muslim Community, and the marriage tie between an emigrant believing woman and her disbelieving husband becomes dissolved in this way. However, it is necessary to give back the mahr (dower) of the disbelieving husband that he paid to her. Similarly, if [ God forbid!] a Muslim woman becomes an apostate and absconds to Makkah, or if she was an infidel from beforehand and flees from her Muslim husband, the pagans of Makkah will not send her back, but they would be legally responsible to return the mahr that the Muslim husband had paid to her. Therefore, the amounts thus obligated should be determined by mutual understanding of the accounts. The Muslims acted upon this law willingly, because they sincerely believed that adherence to the command of the Qur'an is binding. Thus they paid back the mahr to all unbelieving husbands who had paid it to their women. The pagans of Makkah, however, did not believe in the Qur'an. Therefore, they did not act upon it, on which occasion the following verse was revealed. [ Mentioned by al-Baghawi on the authority of Zuhri, as quoted by Mazhari ]

Tafsīr sourced from quran.com's open API. These are classical commentaries; for personal rulings consult a qualified scholar.

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