68/19. Chapter:
Sahih Bukhari 5286 — Migration, Marriage, and Treaty Rules
Marrying Al-Mushrikat who had embraced Islam; and their 'Idda.
Hadith About Emigrant Women: Marriage, Waiting, and Treaty Rights
Sahih Bukhari : 5286
Sahih BukhariHadith Number 5286
حَدَّثَنَا إِبْرَاهِيمُ بْنُ مُوسَى، أَخْبَرَنَا هِشَامٌ، عَنِ ابْنِ جُرَيْجٍ، وَقَالَ، عَطَاءٌ عَنِ ابْنِ عَبَّاسٍ، كَانَ الْمُشْرِكُونَ عَلَى مَنْزِلَتَيْنِ مِنَ النَّبِيِّ صلى الله عليه وسلم وَالْمُؤْمِنِينَ، كَانُوا مُشْرِكِي أَهْلِ حَرْبٍ يُقَاتِلُهُمْ وَيُقَاتِلُونَهُ، وَمُشْرِكِي أَهْلِ عَهْدٍ لاَ يُقَاتِلُهُمْ وَلاَ يُقَاتِلُونَهُ، وَكَانَ إِذَا هَاجَرَتِ امْرَأَةٌ مِنْ أَهْلِ الْحَرْبِ لَمْ تُخْطَبْ حَتَّى تَحِيضَ وَتَطْهُرَ، فَإِذَا طَهُرَتْ حَلَّ لَهَا النِّكَاحُ، فَإِنْ هَاجَرَ زَوْجُهَا قَبْلَ أَنْ تَنْكِحَ رُدَّتْ إِلَيْهِ، وَإِنْ هَاجَرَ عَبْدٌ مِنْهُمْ أَوْ أَمَةٌ فَهُمَا حُرَّانِ وَلَهُمَا مَا لِلْمُهَاجِرِينَ. ثُمَّ ذَكَرَ مِنْ أَهْلِ الْعَهْدِ مِثْلَ حَدِيثِ مُجَاهِدٍ وَإِنْ هَاجَرَ عَبْدٌ أَوْ أَمَةٌ لِلْمُشْرِكِينَ أَهْلِ الْعَهْدِ لَمْ يُرَدُّوا، وَرُدَّتْ أَثْمَانُهُمْ.
Ibn 'Abbas Narrated from:
The pagans were of two kinds as regards their relationship to the Prophet and the Believers. Some of them were those with whom the Prophet was at war and used to fight against, and they used to fight him; the others were those with whom the Prophet (ﷺ) made a treaty, and neither did the Prophet (ﷺ) fight them, nor did they fight him.If a lady from the first group of pagans emigrated towards the Muslims, her hand would not be asked in marriage unless she got the menses and then became clean. When she became clean, it would be lawful for her to get married, and if her husband emigrated too before she got married, then she would be returned to him. If any slave or female slave emigrated from them to the Muslims, then they would be considered free persons (not slaves) and they would have the same rights as given to other emigrants.The narrator then mentioned about the pagans involved with the Muslims in a treaty, the same as occurs in Mujahid's narration. If a male slave or a female slave emigrated from such pagans as had made a treaty with the Muslims, they would not be returned, but their prices would be paid (to the pagans).
[1] Al-Mushrikūn : polytheists, pagans, idolaters, and disbelievers in the Oneness of Allāh and in His Messenger Muhammad ﷺ.(1) Al-Mushrikūn : polytheists, pagans, idolaters, and disbelievers in the Oneness of Allāh and in His Messenger Muhammad ﷺ.Reference : Sahih al-Bukhari 5286In-book reference : Book 68, Hadith 35USC-MSA web (English) reference : Vol. 7, Book 63, Hadith 210
Summary of Sahih Bukhari Hadith 5286
This hadith about emigrant women gives a detailed report from Ibn Abbas. He explains that the pagans had two kinds of relationship with the Prophet and the believers: some were at war with them, and others had a treaty with them. If a woman from the war group emigrated to the Muslims, she was not asked in marriage until she had menses and then became clean. After that, marriage became lawful for her. If her husband emigrated before she married, she would be returned to him. The narration also states that male and female slaves who emigrated from the war group became free and had the same rights as other emigrants. For treaty people, emigrant slaves were not returned, but their prices were paid.
What we learn from this hadith
- The narration separates people at war from people under treaty.
- An emigrant woman from the war group was not proposed to until the stated waiting sign passed.
- If her husband emigrated before her remarriage, she was returned to him.
- The text gives separate treatment for slaves who emigrated from war groups and treaty groups.
