It was not long after the Treaty of Hudaybiyah that Umm Kulthum, the daughter of Uqba b. Abi Muayt, who was one of the fiercest enemies of the Prophet in Makkah, had embraced Islam and came to Madinah. She took refuge in the Messenger of God and said to him, “O Messenger of God! I escaped from them for the sake of my religion. Protect me; do not return me to the polytheists. If you return me to the unbelievers, they will torture me and try to make me exit my religion.”[1]

The verse that was sent down upon this incident told the Prophet how to act: “O ye who believe! when there come to you believing women refugees, examine (and test) them: God knows best as to their Faith: if ye ascertain that they are Believers, then send them not back to the Unbelievers. They are not lawful (wives) for the Unbelievers, nor are the (Unbelievers) lawful (husbands) for them. But pay the Unbelievers what they have spent (on their dower). And there will be no blame on you if ye marry them on payment of their dower to them. But hold not to the guardianship of unbelieving women: ask for what ye have spent on their dowers and let the (Unbelievers) ask for what they have spent (on the dowers of women who come over to you). Such is the command of God: He judges (with justice) between you: and God is Full of Knowledge and Wisdom.”[2]

This verse explained that the article in the Peace Treaty of Hudaybiyah regarding the Muslims migrating to and taking refuge in Madinah was about men not women. 

Thereupon, the Prophet returned the Muslim men who came to Madinah by running away from Madinah but he did not return the Muslim women. As a matter of fact, when Walid b. Uqba and Umara b. Uqba, the brothers of Umm Kulthum came to Madinah and demanded the return of Umm Kulthum, he said to them, “God annulled the decree of that article regarding women.” Therefore, he did not surrender Umm Kulthum to them.

After this verse was sent down, the women who migrated from Makkah to Madinah were virtually tested. They swore as follows: “By God, we came here just because of our love and loyalty to God and His Messenger not because of finding husbands and goods or because of our hatred to anybody.” In that case, they were allowed to stay in Madinah and were not returned. The mahrs of those who swore like that were returned to their husbands.[3]

Hazrat Umar Divorces Two of His Wives

In the verse that was sent down, the believers were ordered to divorce their unbelieving wives: “They are not lawful (wives) for the unbelievers.” Thereupon, Hazrat Umar divorced two of his wives who were polytheists and lived in Makkah.[4]

[1]Ibn Sa’d, Tabaqat, Vol. 8, p. 231.

[2]al-Mumtahina, 10.

[3]Ibn Sa’d, ibid, Vol. 8, p. 230; Ibn Sayyid, Uyun al-Athar, Vol. 2, p. 127.

[4]Ibn Sirah, Vol. 3, p. 341.