Commentary
When the believing women come to you, they are called believers because of their affirmation with their tongues and their utterance of the testimony of faith, and nothing contrary has appeared from them. Or because they are nearing the firmness of their faith through testing. So test them. Subject them to oaths and look into the signs that will lead you to believe in the truth of their faith. The Messenger of Allah, blessings and peace be upon him, would say to the one being tested: "By Allah, there is no deity except Him, I did not leave out of hatred for my husband, by Allah, I did not leave out of desire for another land, by Allah, I did not leave out seeking this world, by Allah, I left only for the love of Allah and His Messenger." [Narrated by al-Tabarani and al-Tabari from the narration of al-Agharr ibn al-Sabah from Khalifah ibn Husayn from Abu Bahz al-Asadi. It was said that Ibn Abbas was asked about it, and he mentioned it in a more complete context. Al-Bazzar said we do not know it from Ibn Abbas except through this chain. It was narrated by Abdul Razzaq from Ma'mar from Qatadah as a disconnected narration.] Allah knows their faith better than you do, for you do not gain knowledge of it that would reassure your souls, even if you swear them in and examine their conditions. With Allah is the truth of knowledge about it. If you know them to be believers, the knowledge that reaches your capacity, which is the predominant assumption based on oaths and the appearance of signs, then do not return them to the disbelievers. Do not send them back to their polytheist husbands, for it is unlawful between the believing woman and the disbeliever. [Mahamud said: "Its meaning is that it is unlawful between the believing woman and the disbeliever." Ahmad said: This verse is used as evidence for addressing disbelievers regarding branches of law because Allah, the Exalted, said: 'And they are not lawful for them.' The first pronoun refers to the believing women, and the second to the disbelievers. It means they are forbidden to the disbelievers because it is agreed upon that the intended meaning is the prohibition of disbelievers on the believing women. Thus, both groups, the believers and the disbelievers, are addressed regarding this prohibition. Since the position attributed to the followers of Abu Hanifah is that disbelievers are not addressed, al-Khwarizmi interprets the verse in a way that aligns with that, interpreting it to mean the prohibition between the believing woman and the disbeliever in general, so that the prohibition is not solely attributed to the disbeliever. This cannot be avoided, for the prohibition that is negated between the believing woman and the disbeliever must relate to the action of one or both of them, as it is a ruling. If it relates to the action of each of them, namely the enabling of the woman and the action of the man, the prohibition regarding the disbeliever is confirmed. If it is related to the action of the woman without the action of the man, the structure of the verse does not support that, for it negates the law from both sides. If that were the case, it would suffice to say 'and they are not lawful for them.' The correct interpretation regarding the principles is what we will mention, if Allah wills. We say: The actions of both the believing woman and the disbeliever negate the law according to the appropriate interpretation. As for the action of the believing woman, which is enabling, there is no doubt about the connection of the prohibition to the law, considering that she is addressed in such a way that it cannot occur in existence; if it were to occur, she would be warned against it. As for the action of the disbeliever, such as intercourse, it is prohibited due to the law's intention that intercourse does not occur, due to the corruption it entails. The law aims to prevent corruption from occurring, and the disbeliever is not the addressee, but the imams or those who take their place are addressed to prevent the disbeliever from committing this action that entails corruption in the sight of the law. Thus, both actions, from the side of the woman and the man, aim to prevent occurrence. However, the addressee regarding safety from corruption in the case of the woman is she herself, and in the case of the disbeliever, it is the imams. Those who differ in addressing the disbelievers agree that the law has an objective to prevent corruption from occurring. Do you not see that when a disbeliever openly commits corruption among Muslims, it is agreed upon that he should be restrained from that and prevented? This is only because of what is understood from the law regarding the request for safety from corruption. The addressee is to restrain the disbeliever so that he does not openly commit corruption, which includes the imams. And Allah is the Grantor of success.] And give them what they have spent, and give their wives the like of what they have given them in dowries. This is because the Treaty of Hudaybiyyah was that whoever comes to you from the people of Mecca, you must return him, and whoever comes from you to Mecca is not to be returned to you. They wrote this in a document and sealed it. Then, Sabi'ah bint al-Harith al-Aslamiyyah came as a Muslim while the Prophet, blessings and peace be upon him, was at Hudaybiyyah. Her husband, Al-Mukhzumi, was traveling. It was said that he was Sayfi ibn al-Rahib. He said: O Muhammad, return my wife to me, for you have stipulated that you would return to us whoever comes from us, and this document has not dried yet. This was revealed as clarification that the stipulation was only for men and not for women. [Thus mentioned by al-Baghawi from Ibn Abbas without a chain.] And according to al-Dhahhak, there was a covenant between the Messenger of Allah, blessings and peace be upon him, and the disbelievers.
That no woman should come to you from us who is not of your religion, except that you return her to us. If she enters your religion and has a husband, you are to return her to her husband who has spent on her. And for the Prophet, blessings and peace be upon him, there is a similar condition. And from Qatadah: Then this ruling and this covenant was abrogated by [Surah] Al-Bara'ah. So the Messenger of Allah, blessings and peace be upon him, took an oath from her, and she swore. He gave her husband what he had spent and Umar married her. If you say: How is suspicion called knowledge in His saying, 'If you know them'? I say: It indicates that the predominant suspicion and what leads to ijtihad and qiyas is akin to knowledge. And its possessor is not included in His saying, 'And do not follow that of which you have no knowledge.' If you say: What is the benefit of His saying, 'Allah knows best about their faith,' and that is known without doubt? I say: Its benefit is to clarify that you have no way to what your soul can be assured of and what can bring peace to your heart regarding the reality of their faith. For that is something that only the Knower of the Unseen has exclusive knowledge of. And what is derived from the examination of knowledge is sufficient for that, and your obligation does not exceed it. Then He negated from them any blame in marrying these emigrant women if they give them their wages, meaning their dowries. For the dowry is the price of the sexual act. It is not devoid of either meaning what was given to them to give to their husbands, in which case it is a condition for the permissibility of marrying them that it is paid in advance, or it means that if it is given to them as a loan and then they marry on that, there is no harm in it. Or it clarifies to them that what was given to their husbands does not replace the dowry and that there must be a mahr. And with this, Abu Hanifah argued that if one of the spouses leaves the abode of war as a Muslim or under a covenant while the other remains a disbeliever, separation occurs. And the waiting period is not required for the emigrant woman, and her marriage is permissible unless she is pregnant. 'And do not hold on to the bonds of disbelievers,' and the bond is what one holds on to from a contract and cause, meaning: Beware of them, and let there be no bond or marital connection between you and them. Ibn Abbas said: Whoever has a disbelieving wife in Mecca should not count her among his women, for the difference of the two abodes has severed her bond with him. And from Al-Nakha'i: It is the Muslim woman who joins the abode of war and becomes a disbeliever. And from Mujahid: He commanded them to divorce the remaining ones with the disbelievers and to separate from them. 'And ask what you have spent on the dowries of your wives who have joined the disbelievers, and let them ask what they have spent on the dowries of their emigrant women.' And it was read: 'And do not hold on' with lightening. 'And do not hold on' with emphasis. 'And do not hold on,' meaning: And do not cling to them. 'That is the ruling of Allah,' meaning all that has been mentioned in this verse judges between you. A statement that is independent. Or a state of the ruling of Allah with the pronoun omitted, meaning: Allah judges it. Or making the ruling a judge for emphasis. It was narrated that when this verse was revealed, the believers fulfilled what they were commanded regarding the dowries of the emigrant women to their polytheist husbands, while the polytheists refused to give anything of the dowries of the disbelieving women to their Muslim husbands. Then the saying was revealed: 'And if something of your wives has escaped to the disbelievers,' one of them to the disbelievers, and it is in the reading of Ibn Mas'ud: one. If you say: Is there any benefit in placing something in this context? I say: Yes, the benefit is that nothing of this kind should be left out, even if it is small and insignificant, as a strictness in this ruling and a severity in it. 'And you have compensated,' from the 'aqabah, which is repentance: it is similar to what has been ruled upon the Muslims and the disbelievers regarding the payment of these dowries of the women of those, at times, and those dowries of the women of these, at other times, by a matter that they succeed in, just as they succeed in riding and others. Its meaning is: So your compensation came from the payment of the dowry. So give to whoever has lost his wife to the disbelievers like her dowry from the dowry of the emigrant woman, and do not give it to her disbelieving husband. And similarly from Al-Zuhri: He is given from the dowry of whoever has joined them. And it was read: 'So you compensated.' 'So you compensated' with emphasis. 'So you compensated' with lightening, with the opening of the qaf and its breaking, so the meaning of 'you compensated': you entered into the 'aqabah, and 'you compensated': from its back if he follows it, for each of the succeeding ones follows his companion. And similarly, 'you compensated' with lightening, it is said: 'you followed him.' And 'you compensated' is like 'you followed.' And Al-Zajjaj said:
So you punished them and struck them in battle with a punishment until you gained victory. And the one whose wife had gone was given the dowry from the spoils. And other readings were interpreted, so the outcome was for you, meaning: the victory was for you until you gained spoils.
It was said: All those who joined the polytheists from the women of the believing emigrants returning from Islam were six women:
Um al-Hakam, the daughter of Abu Sufyan, was married to Iyaad ibn Shaddad al-Fihri. Fatimah, the daughter of Abu Umayyah, was married to Umar ibn al-Khattab and she is the sister of Um Salamah. Barwah, the daughter of Uqbah, was married to Shamas ibn Uthman. Abidah, the daughter of Abdul Uzza ibn Naslah, and her husband Amr ibn Abd Wudd. Hind, the daughter of Abu Jahl, was married to Hisham ibn al-Aas. And Kulthum, the daughter of Jarwal, was married to Umar. So the Messenger of Allah, blessings and peace be upon him, gave them the dowries of their women from the spoils. [Thus mentioned by al-Thalabi and then al-Baghawi from Ibn Abbas without a chain of narration.]
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