Surah Al-Mumtahanah: (10) O you who have believed...
There is a fine, rational structure to the arrangement of these verses. This is because the obstinate person is in one of three states:
- His obstinacy persists.
- It is hoped that he will abandon his obstinacy.
- He abandons his obstinacy and submits.
Allah, the Exalted, has clarified their states in these verses and commanded the Muslims to deal with them according to what the situation demands in each case.
- The First State: His saying, {Indeed, there has been for you an excellent pattern in Abraham and those with him, when they said to their people, "Indeed, we are free from you..."} (Al-Mumtahanah: 4), refers to the first state.
- The Second State: Then His saying, {It may be that Allah will put, between you and those with whom you had enmity, affection...} (Al-Mumtahanah: 7), refers to the second state.
- The Third State: Then His saying, {The wrongdoers. O you who have believed, when the believing women come to you...} refers to the third state.
Furthermore, there is a subtlety, a reminder, and an encouragement toward noble character, because Allah did not command the believers to respond to these three situations except with what is best, and to speak only what is most appropriate.
Know that Allah, the Exalted, named them mu'mināt (believing women) because what necessitates faith—the declaration of testimony—issued from them, and nothing contrary to it appeared from them. Or, it is because they were on the verge of establishing their faith through testing (imtiḥān), which is trial by oath. The oath is taken because of the strong presumption (ghālib al-ẓann) of their faith. The Messenger of Allah (peace be upon him) used to say to the tested woman: "By Allah, besides Whom there is no god, you did not leave out of hatred for your husband, by Allah, you did not leave out of desire to move from one land to another, by Allah, you did not leave seeking worldly gain, by Allah, you left only out of love for Allah and His Messenger."
His saying, {Allah is most knowing of their faith}, is more so than you. And Allah is the Trustee of all secrets. {So if you ascertain that they are believers...} The ascertainment here refers to the strong presumption derived from the oath and other means. {...then do not return them to the disbelievers.} Meaning, do not return them to their polytheist husbands.
His saying, {They are not lawful for them, nor are they lawful for them. And give them what they have spent.} Meaning, give their husbands the equivalent of what they gave as dowries to the women. This is because the Treaty of Hudaybiyyah stipulated that anyone who came to the Muslims from the people of Mecca should be returned to them, but anyone who went from the Muslims to Mecca would not be returned to them. They sealed this covenant in writing. Then, Subay'ah bint Al-Harith Al-Aslamiyyah came as a Muslim while the Prophet (peace be upon him) was at Hudaybiyyah. Her husband, Musafir Al-Makhzumi (or Sayfi ibn Al-Rahib, according to another narration), came and said: "O Muhammad, return my wife to me, for you stipulated a condition that you would return anyone who comes to you from us, and the fold of this document is not yet dry." Then this verse was revealed to clarify that the condition applied only to men, not women.
It is narrated from Al-Zuhri that Umm Kulthum bint Uqbah ibn Abi Mu'ayt came while she was unmarried. Her relatives came asking the Messenger of Allah (peace be upon him) to return her to them, as she had fled her husband, 'Amr ibn Al-'As, accompanied by her two brothers, 'Umarah and Al-Walid. The Messenger of Allah (peace be upon him) returned her two brothers but kept her. They said: "Return her to us." The Prophet (peace be upon him) replied: "The condition was for the men, not the women."
According to Al-Dahhak, the covenant was: "If a woman comes to you from us who is not upon your religion, you must return her to us. If she enters your religion and has a husband, she is returned to the husband who spent on her. The Prophet (peace be upon him) had the same condition regarding the dowry." Then this ruling and covenant were abrogated. The Messenger of Allah (peace be upon him) made her swear an oath, she swore, and her husband was given what he had spent. Then 'Umar married her.
His saying, {nor are they lawful for them}, meaning their dowries, as the dowry is the compensation for intimacy {nor retain the marriage bonds with disbelieving women}. Al-'Ismah (the bond) is what one holds onto, such as a covenant or otherwise. There is no bond between you and them, nor the tie of marriage. Ibn 'Abbas narrated that the difference in abode severs the bond. It is also said: "Do not remain married to disbelieving women." It was recited as tamassakū (with tashdīd) and tamassakū (with takhfīf), meaning: "And do not hold onto [them]."
His saying, {O you who have believed...} This applies if a woman from among you joins the disbelievers who are party to the covenant, having apostatized. Then ask them for what you spent as dowry if they withhold it and do not pay it to you; they must compensate the dowry just as they are compensated. This is His saying, {O you who have believed, when the believing women come to you as emigrants, then test them...} Meaning, test them between the Muslims and the disbelievers.
There are several points of discussion in this verse:
First Point:
His saying, {then test them} (*famtaḥinūhunna*). Is this an imperative command implying obligation, recommendation, or something else? Al-Wahidi said: It implies recommendation (*istihbāb*).
Second Point:
What is the benefit of His saying, {Allah is most knowing of their faith}, when this is known without doubt? We say: Its benefit is to clarify that there is no way to attain the certainty that satisfies the soul regarding the reality of their faith, as that is something reserved exclusively for the Knower of the Unseen.
Third Point:
What is the benefit of His saying, {nor are they lawful for them}, and could it be lawful on one side but not the other? We say: This is in consideration of faith on their part and on their husbands' part, because faith from both sides is a condition for lawful association (*ḥull*). Moreover, mentioning both sides confirms the nullification of lawful association, and it conveys a meaning that is not conveyed otherwise. If one argues: Even so, saying {then do not return them to the disbelievers} is sufficient, because if they are not lawful for each other, there is no need to add more, as this is the objective—nothing else. We say: Uttering the phrase {nor are they lawful for them} does not convey the nullification of lawful association from both sides, unlike uttering the phrase that does. This is apparent.
Fourth Point:
How is presumption (*ẓann*) called knowledge (*'ilm*) in His saying, {So if you ascertain that they are believers} (*fa-in 'alimtumūhunna*)? We say: This is an instance where strong presumption, which results from *ijtihād* (independent reasoning), is treated as knowledge, and the one holding it is not included in the prohibition of His saying, {And do not pursue that of which you have no knowledge} (Al-Isra: 36).
Verse 10:
{*And if any of your wives escape from you to the disbelievers, and then you gain spoils, then give those whose wives have escaped the equivalent of what they spent. And fear Allah, in Whom you believe.*}
