Scholars have differed over whether a disbeliever’s wife must observe a waiting period or merely wait to establish that she is not pregnant. There are two well-known opinions; the position of Abū Hanīfa and Mālik is that she is not required to observe a waiting period.

This hadith’s mention of returning female slaves belonging to those under treaty is analogous to reimbursing the dowries of women who emigrated from among people under a truce. These are the women whose faith was to be tested, concerning whom Allah said:

“When believing women come to you as emigrants, test them”—to the end of the verse.

As for its statement that, if her husband emigrated before she remarried, he had a greater right to her, this represents one of the opinions on the matter. When a disbeliever’s wife accepts Islam, does separation take effect immediately in every case? Or is a distinction drawn between a consummated and an unconsummated marriage? Or does the matter remain pending so long as she does not remarry, such that, if he accepts Islam, she remains his wife?

The hadiths support only this last opinion. They include this hadith and the hadith concerning Zaynab, the daughter of the Messenger of Allah (may Allah bless him and grant him peace). The established report states that he returned her to her husband under their original marriage contract after six years. Ahmad narrated it in his Musnad, as did the compilers of the Sunan—Abū Dāwūd and others—and al-Hākim in his Sahīh, from Ibn ‘Abbās, who said:

“The Messenger of Allah (may Allah bless him and grant him peace) returned Zaynab to Abū al-‘Ās under their original marriage contract, without instituting anything new.”

One version adds, “after six years.” Its chain of transmission includes Ibn Ishāq. Al-Tirmidhī also narrated it and said, “There is nothing objectionable in its chain of transmission.”

Abū Dāwūd and al-Hākim, in his Sahīh, also narrated from Ibn ‘Abbās:

“A woman accepted Islam during the lifetime of the Messenger of Allah (may Allah bless him and grant him peace) and then remarried. Her husband came to the Prophet (may Allah bless him and grant him peace) and said, ‘O Messenger of Allah, I had already accepted Islam, and she knew that I had done so.’ The Messenger of Allah (may Allah bless him and grant him peace) then took her away from her second husband and returned her to her first husband.”

Its chain of transmission includes Simāk.