IMAM ABU AL-FIDA' ISMA'IL IBN KATHiR 351However, we do not know the provenance of this hadith. It probably derived
from the memory of Da'ad b. al-Husayn. Al-Suhayli stated, "As far as I know,
none of the legal scholars vouched for it."
In one reading the words used are, "and the Messenger of God (SAAS)
returned her to him after six years." And in another, L'after two years, by the first
marriage." Ibn Jarir related it in this form. Yet another reading states, 'Lhe did
not effect a marriage."
This hadirh has caused difficulties for many scholars. Their basic premise is
that if a woman is a Muslim while her husband is an unbeliever, and this is the
situation before the consummation, then the disunion should occur immediately.
If, however, this occurs after the consummation of the marriage, then he ought
to wait out the '~dda~~ period. If he should accept Islam during that period then
her marriage to him would continue. If he had not accepted Islam by the time
that period had concluded, then her marriage would be dissolved.
Zaynab, God bless her, had become a Muslim when the Messenger of God
(SAAS) received his mission, and emigrated one month after Badr. Muslim
women were declared forbidden to polytheists in the year of Hudaybiyya, 6 AH,
while Abij al-'As accepted Islam before the conquest (of Mecca) in 8 AH.
Therefore those who state that the Messenger of God (SAAS) returned her
to hi after six years, that is from the date of her emigration, are correct. And
those who say it was after two years, that is two years after Muslim women were
forbidden to polytheists, are also correct.
By any calculation it is obvious that the conclusion of her 'rdda period would
have occurred during this period which was at least two years, or thereabouts,
following the forbidding of Muslim women to unbelievers, and so the question
remains how he could have returned her to him by the first marriage.Some suggest that it is conceivable that her 'sdda period had not ended, and that
this story relates to an oath that must be presumed. Some scholars oppose this
hadith with the previous one related by Abad, al-Tirmidhi, and Ibn Msjah,
from one of d-Hajjaj b. ArG1, from 'Amr b. Shu'ayb, from his father, from his
grandfather, which has the Messenger of God (SAAS) returning his daughter to
Abfi al-'As b. al-Rabi' after a new dowry and a new wedding ceremony.
Imam Ahmad stated, "This hadith is weak and unfounded, and al-Hajjaj did
not hear it from 'Amr b. Shu'ayb, but rather from Muhammad b. Wbayd Allah
a&-'Arzami. And the ahadith of d-'Arzami are worthless. The t~uth is that which
related that the Prophet (SAAS) affirmed her in her first marriage."
Al-Darqumi maintained the same, saying, "This hadith lacks foundation; it is
the hadith of Ibn 'Abb% that is correct, namely, that the Messenger of God
(SAAS) returned her to him by the first marriage."
- The period of waiting prescribed for a woman in Islamic law between the conclusion of one
marriage and the commencement of another.