or else that what is meant by Islam is migration—i.e., that six years elapsed between his embracing Islam and her migration. As for the period between his embracing Islam and hers, it was approximately eighteen years, for she embraced Islam at the beginning of the prophetic mission, whereas he did not embrace Islam until after al-Hudaybiyyah. The Prophet, may Allah bless him and grant him peace, remained in Mecca for thirteen years after the beginning of the mission, in addition to six years; making nineteen years in all. If we assume that she embraced Islam in the second year, the period would be approximately eighteen years. She remained with him until al-Hudaybiyyah, for the prohibition was not revealed until al-Hudaybiyyah. Allah the Exalted says:

“O you who believe! When believing women come to you as emigrants, examine them. Allah knows best concerning their faith. If you ascertain that they are believers, then do not send them back to the disbelievers. They are not lawful for them, nor are they lawful for them.” [al-Mumtahanah 60:10]

If both spouses apostatize, or one of them does, after consummation of the marriage, the matter is suspended until the waiting period expires; but if this occurs before consummation, the marriage is dissolved.

His statement, “If both spouses apostatize, or one of them does, after consummation of the marriage, the matter is suspended until the waiting period expires; but if this occurs before consummation, the marriage is dissolved”: Know that if they apostatize after having embraced Islam, they cannot be allowed to remain alive in this world, for they are asked to repent; if they repent, [they are spared], but otherwise their heads are struck off.

However, the jurists’ discussion here explains the ruling of the issue in a case where the matter is delayed, or where they are, for example, in a land where people are unconcerned with who apostatizes and who embraces Islam. The ruling must therefore be known. Thus, if both of them apostatize, or one of them does,