her remaining steadfast in repentance.
This could be achieved if he were permitted to marry her and told, “Safeguard her chastity and remain vigilant.” Without repentance, however, this is impossible or very difficult.
For this reason, the scholars discussed her repentance. Ibn ʿUmar and Ahmad ibn Hanbal said:
“He should attempt to entice her into illicit relations. If she responds as she used to, she has not repented.”
A group of scholars, including Abū Muhammad, said:
“He should not solicit her, for she may already have repented, only to break her repentance if he solicits her. Moreover, there is a fear that, by soliciting her, he himself may fall into sin with her.”
Those who required her to be tested said:
“The sincerity of her repentance cannot be established merely by her words. This is therefore comparable to His saying:
‘When believing women come to you as emigrants, test them.’”
The term “emigrant” may also encompass someone who repents. The Prophet, may Allah bless him and grant him peace, said:
“The emigrant is one who abandons what Allah has forbidden, and the emigrant is one who abandons evil.”
Thus, if this woman claims to have abandoned evil, she is tested concerning that claim. In short, he must have a firm conviction that her repentance is sincere.
His saying, Exalted is He, “nor taking secret lovers,” forbids a man to take a secret mistress who commits fornication with him but with no one else. In the verse concerning slave women, He, Glorified is He, says:
“If any of you cannot afford to marry free believing women, then let him marry from among your believing slave women. Allah knows best your faith; you are of one another. So marry them with their owners’ permission and give them their dowries according to what is fair, as chaste women, neither engaging in fornication nor taking secret lovers. Once they are married, if they commit an indecency, their punishment is half that of free women.”
Thus, concerning slave women, He mentioned:
“Chaste women, neither engaging in fornication nor taking secret lovers.”
As for free women, He stipulated that the men be chaste, not fornicators, and in Sūrat al-Mā’idah He mentioned “nor taking secret lovers”