60. Al-Mumtahanah (The Examined One)

Medina Period [91]

The Quranic Text & Ali’s Version:

يَا أَيُّهَا الَّذِينَ آمَنُوا إِذَا جَاءكُمُ الْمُؤْمِنَاتُ مُهَاجِرَاتٍ فَامْتَحِنُوهُنَّ ...

60: 10.  O ye who believe!

when there come to you believing women refugees, examine (and test) them:

C5422. Under the treaty of Hudaybiyah [see Introduction to Surah 48, paragraph 4, condition (3)], women under guardianship (including married women), who fled from the Quraish in Makkah to the Prophet's protection at Madinah were to be sent back. But before this Ayah was issued, the Quraish had already broken the treaty, and some instruction was necessary as to what the Madinah Muslims should do in those circumstances. Muslim women married to Pagan husbands in Makkah were oppressed for their Faith, and some of them came to Madinah as refugees. After this, they were not to be returned to the custody of their Pagan husbands at Makkah, as the marriage of believing women with non-Muslims was held to be dissolved if the husbands did not accept Islam. But in order to give no suspicion to the Pagans that they were badly treated as they lost the dower they had given on marriage, that dower was to be repaid to the husbands. Thus helpless women refugees were to be protected at the cost of the Muslims.

...اللَّهُ أَعْلَمُ بِإِيمَانِهِنَّ ...

Allah knows best as to their Faith:

... فَإِنْ عَلِمْتُمُوهُنَّ مُؤْمِنَاتٍ فَلَا تَرْجِعُوهُنَّ إِلَى الْكُفَّارِ ...

if ye ascertain that they are Believers, then send them not back to the Unbelievers.

C5423. The condition was that they should be Muslim women. How were the Muslims to know?

A non-Muslim woman, in order to escape from her lawful guardians in Makkah, might pretend that she was a Muslim. The true state of her mind and heart would be known to Allah alone. But if the Muslims, on an examination of the woman, found that she professed Islam, she was to have protection. The examination would be directed (among other things) to the points mentioned in verse 12 below.

... لَا هُنَّ حِلٌّ لَّهُمْ وَلَا هُمْ يَحِلُّونَ لَهُنَّ ...

They are not lawful (wives) for the Unbelievers, nor are the (Unbelievers) lawful (husbands) for them.

... وَآتُوهُم مَّا أَنفَقُوا...

But pay the Unbelievers what they have spent (on their dower).

... وَلَا جُنَاحَ عَلَيْكُمْ أَن تَنكِحُوهُنَّ إِذَا آتَيْتُمُوهُنَّ أُجُورَهُنَّ ...

And there will be no blame on you if ye marry them on payment of their dower to them.

C5424. As the marriage was held to be dissolved (see n. 5422 above), there was no bar to the remarriage of the refugee Muslim woman with a Muslim man on the payment of the usual dower to her.

... وَلَا تُمْسِكُوا بِعِصَمِ الْكَوَافِرِ ...

But hold not to the guardianship of unbelieving women:

C5425. Unbelieving women in a Muslim society would only be a clog and a handicap. There would be neither happiness for them, nor could they conduce in any way to a healthy life of the society in which they lived as aliens. They were to be sent away, as their marriage was held to be dissolved; and the dowers paid to them were to be demanded from the guardians to whom they were sent back, just as in the contrary case the dowers of believing women were to be paid back to their Pagan ex-husbands (n. 5422 above).

... وَاسْأَلُوا مَا أَنفَقْتُمْ وَلْيَسْأَلُوا مَا أَنفَقُوا...

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).

ذَلِكُمْ حُكْمُ اللَّهِ يَحْكُمُ بَيْنَكُمْ وَاللَّهُ عَلِيمٌ حَكِيمٌ ﴿١٠﴾

Such is the command of Allah:

He judges (with justice) between you: and Allah is Full of Knowledge and Wisdom.

وَإِن فَاتَكُمْ شَيْءٌ مِّنْ أَزْوَاجِكُمْ إِلَى الْكُفَّارِ فَعَاقَبْتُمْ ...   

60: 11.  And if any of your wives deserts you to the Unbelievers, and ye have an accession (by the coming over of a woman from the other side),

C5426. A very unlikely contingency, considering how much better position the women occupied in Islam than under Pagan custom. But all contingencies have to be provided for equitably in legislation. If a woman went over to the Pagans, her dower would be recoverable from the Pagans and payable to the deserted husband.

If a woman came over from the Pagans, her dower would be payable to the Pagans. Assuming that the two dowers were equal, the one would be set off against the other as between the two communities; but within the communities the deserted individual would be compensated by the individual who gains a wife. If the dowers were unequal, the balance would be recoverable as between the communities, and the adjustment would then be made as between the individuals.

In practice the common Fund compensated the deserted husband in anticipation of any necessary adjustments.

... فَآتُوا الَّذِينَ ذَهَبَتْ أَزْوَاجُهُم مِّثْلَ مَا أَنفَقُوا...

then pay to those whose wives have deserted the equivalent of what they had spent (on their dower):

... وَاتَّقُوا اللَّهَ الَّذِي أَنتُم بِهِ مُؤْمِنُونَ ﴿١١﴾

and fear Allah, in Whom ye believe.

يَا أَيُّهَا النَّبِيُّ إِذَا جَاءكَ الْمُؤْمِنَاتُ يُبَايِعْنَكَ عَلَى أَن لَّا يُشْرِكْنَ بِاللَّهِ شَيْئًا...

60: 12.  O Prophet!

when believing women come to thee to take the oath of fealty to thee, that

-    they will not associate in worship any other thing whatever with Allah,

C5427. Now come directions as to the points on which women entering Islam should pledge themselves. Similar points apply to men, but here the question is about women, and especially such as were likely, in those early days of Islam, to come from Pagan society into Muslim society in the conditions discussed in notes 5422 and5423 above.

A pledge on these points would search out their real motives:

1.      to worship none but Allah;

2.      not to steal;

3.      not to indulge in sex outside the marriage tie;

4.      not to commit infanticide; (the Pagan Arabs were prone to female infanticide):

5.      not to indulge in slander or scandal; and

6.      generally, to obey loyally the law and principles of Islam.

The last was a comprehensive and sufficient phrase, but it was good to indicate also the special points to which attention was to be directed in those special circumstances. Obedience was of course to be in all things just and reasonable: Islam requires strict discipline but not slavishness. (R).

... وَلَا يَسْرِقْنَ وَلَا يَزْنِينَ وَلَا يَقْتُلْنَ أَوْلَادَهُنَّ ...

-    that they will not steal,

-    that they will not commit adultery (or fornication),

-    that they will not kill their children,

... وَلَا يَأْتِينَ بِبُهْتَانٍ يَفْتَرِينَهُ بَيْنَ أَيْدِيهِنَّ وَأَرْجُلِهِنَّ ...

-    that they will not utter slander, intentionally forging falsehood,

C5427a. "That they will not utter slander intentionally forging falsehood". Literally, "...nor produce any lie that they have devised between their hands and feet,". These words mean that they should not falsely attribute the paternity of their illegitimate children to their lawful husbands thereby adding to the monstrosity of their original sin of infidelity. [Eds.]

... وَلَا يَعْصِينَكَ فِي مَعْرُوفٍ فَبَايِعْهُنَّ وَاسْتَغْفِرْ لَهُنَّ اللَّهَ ...

-    and that they will not disobey thee in any just matter --

then do thou receive their fealty, and pray to Allah for the forgiveness (of their sins):

C5428. If pledges are sincerely given for future conduct, admission to Islam is open. If there is anything in the past, for which there is evidence of sincere repentance, forgiveness is to be prayed for. Allah forgives in such cases: how can man refuse to give such cases a real chance?

... إِنَّ اللَّهَ غَفُورٌ رَّحِيمٌ ﴿١٢﴾

for Allah is Oft-Forgiving, Most Merciful.

Asad’s Version:

60:10 O YOU who have attained to faith! Whenever believing women come unto you, forsaking the domain of evil, 10 examine them, [although only] God is fully aware of their faith; 11 and if you have thus ascertained that they are believers, do not send them back to the deniers of the truth, [since] they are [no longer] lawful to their erstwhile husbands, 12 and these are [no longer] lawful to them. None the less, you shall return to them whatever they have spent [on their wives by way of dower]; 13 and [then, O believers,] you will be committing no sin if you marry them after giving them their dowers. On the other hand, hold not to the marriage-tie with women who [continue to] deny the truth," and ask but for [the return of] whatever you have spent [by way of dower] - just as they [whose wives have gone over to you] have the right to demand 15 [the return of] whatever they have spent. Such is God's judgment: He judges between you [in equity] - for God is all-knowing, wise.

60:11 And if any of your wives should go over to the deniers of the truth, and you are thus afflicted in turn," then give unto those whose wives have gone away the equivalent of what they had spent [on their wives by way of dower], 17 and remain conscious of God, in whom you believe!

60:12 O Prophet! Whenever believing women come unto thee to pledge their allegiance to thee, 18 [pledging] that [henceforth] they would not ascribe divinity, in any way, to aught but God, and would not steal, 19 and would not commit adultery, and would not kill their clildren, 20 and would not indulge in slander, falsely devising it out of nothingness: 21 and would not disobey thee in anything [that thou declarest to be] right - then accept their pledge of allegiance, and pray to God to forgive them their [past] sins: for, behold, God is much-forgiving, a dispenser of grace.