After Al-Hudaybiyyah, Emigrant Muslim Women may not be returned to the Disbelievers

In Surat Al-Fath, we related the story of the treaty at Al-Hudaybiyyah that was conducted between the Messenger of Allah and the disbelievers of Quraysh. In that treaty, there were these words, "Everyman (in another narration, every person) who reverts from our side to your side, should be returned to us, even if he is a follower of your religion.'' This was said by `Urwah, Ad-Dahhak, `Abdur-Rahman bin Zayd, Az-Zuhri, Muqatil bin Hayyan and As-Suddi. So according to this narration, this Ayah specifies and explains the Sunnah. And this is the best case of understanding. Yet according to another view of some of the Salaf, it abrogates it. Allah the Exalted and Most High ordered His faithful servants to test the faith of women who emigrate to them. When they are sure that they are faithful, they should not send them back to the disbelievers, for the disbelievers are not allowed for them and they are not allowed for the disbelievers. In the biography of `Abdullah bin Abi Ahmad bin Jahsh in Al-Musnad Al-Kabir, we also mentioned that `Abdullah bin Abi Ahmad said, "Umm Kulthum bint `Uqbah bin Abi Mu`ayt emigrated and her brothers, `Umarah and Al-Walid, went after her. They came to Allah's Messenger and talked to him about Umm Kulthum and asked that she be returned to them. Allah abolished the part of the treaty between the Prophet and the idolators about the women particularly. So He forbade returning Muslim women to the idolators and revealed the Ayah about testing them.'' Al-`Awfi reported from Ibn `Abbas, about Allah's saying:

﴿يأَيُّهَا الَّذِينَ ءَامَنُواْ إِذَا جَآءَكُمُ الْمُؤْمِنَـتُ مُهَـجِرَتٍ فَامْتَحِنُوهُنَّ﴾

(O you who believe! When believing women come to you as emigrants, examine them;) "Their examination was asking them to testify to La ilaha illallah, and that Muhammad is Allah's servant and His Messenger.'' Mujahid explained the Ayah,

﴿فَامْتَحِنُوهُنَّ﴾

(examine them) by saying, "Ask them why they migrated. If they came because they were angry with their husbands, or for any other reason, and you realized that they did not embrace the faith, then send them back to their husbands.'' Allah's statement,

﴿فَإِنْ عَلِمْتُمُوهُنَّ مُؤْمِنَـتٍ فَلاَ تَرْجِعُوهُنَّ إِلَى الْكُفَّارِ﴾

(then if you ascertain that they are true believers, send them not back to the disbelievers.) This Ayah indicates that faith can be recognized and affirmed.