The Life of the Prophet Muhammad by Ibn Kathir - Volume 2 of 4

352 THE LIFE OF THE PROPHET MUHAMMAD
Al-Tirmidhi stated, "This hadith has a controversial chain of authorities.
Scholars therefore maintain that when a woman accepts Islam, and her husband
does so later, then he is entitled to reconcile with her during the 'idda period.
This is the view of Malik, al-Awzaci, al-Shafici, Ahmad and Ishaq. Others state
that it is obvious that her Cidda period was over. And that those who relate his
having renewed her marriage are on weak grounds."
Regarding the case of Zaynab and the above circumstances, here is evidence that
if a woman accepts Islam and her husband becomes a Muslim later, her 'rdda
period having expired, then her marriage is not thereby nullified. It becomes a
matter of choice whether she wishes to marry someone else or to bide her time
and wait for her husband to accept Islam, whenever that might be. And she will
still be his wife if she has not remarried.
There is force and good in this from the legal viewpoint. But God knows best.
Testimony in favour of this is given by al-Bukhari when he states, "Regarding
the marriage of non-believing women who become Muslims and the period of
their Crdda, Ibrzhim h. Masa related to us, quoting Hishw, from Ibn Jarih, from
cAtal, from Ihn [Abbns, that the polytheists had two different kinds of relationship
with the Messenger of God (SAAS) and the believers, depending upon
whether they were enemies fighting and being fought or those with whom there
was a mutual non-aggression pact. If a woman were to leave the declared enemy,
she could not become engaged until she had had a period and become cleansed.
Once cleansed, marriage to her would be permitted. If her husband were to leave
(polytheism) before she remarried, then she could be returned to hi. If slaves,
whether male or female, should leave polytheism, then they would become free
and would have the same rights as other Emigrants."
He then quoted from reliable authorities accounts similar to the hadith of
Mujhid.
This is what he stated, to the letter.
His statement, "if a woman were to leave the declared enemy she could not
become engaged until she had had a period and had become cleansed" necessitates
that she be considered free after one period, not three menses; one group of
authorities accepts this view.
And his statement, "if her husband were to leave polytheism before she
remarried, then she could be returned to him," necessitates that even if he left
after her being considered free, following the 'idda period, that she would be
returned to her first husband provided she had not married someone else. This
is clearly the case for Zaynab, daughter of the Prophet (SAAS), and this is
accepted by some scholars. But God knows best.
Section: Verses composed about the glorious battle of Badr.
These include the following given by Ibn Ishaq quoting Hamza b. 'Abd
al-Mu((alib. Ibn Hishzm declared these verses inauthentic: