Sahih al-Bukhari 5286
Book 68: Divorce · Hadith 35
Hadith text
Narrated Ibn 'Abbas: The pagans were of two kinds as regards their relationship to the Prophet and the Believers. Some of them were those with whom the Prophet was at war and used to fight against, and they used to fight him; the others were those with whom the Prophet (ﷺ) made a treaty, and neither did the Prophet (ﷺ) fight them, nor did they fight him. If a lady from the first group of pagans emigrated towards the Muslims, her hand would not be asked in marriage unless she got the menses and then became clean. When she became clean, it would be lawful for her to get married, and if her husband emigrated too before she got married, then she would be returned to him. If any slave or female slave emigrated from them to the Muslims, then they would be considered free persons (not slaves) and they would have the same rights as given to other emigrants. The narrator then mentioned about the pagans involved with the Muslims in a treaty, the same as occurs in Mujahid's narration. If a male slave or a female slave emigrated from such pagans as had made a treaty with the Muslims, they would not be returned, but their prices would be paid (to the pagans)
Ibn Abbas bataate hain: Mushrik Nabi (SAW) aur Momineen ke saath apne rishte ke lihaaz se do tarah ke the. Kuch wo the jinke saath Nabi (SAW) jung mein the aur unse ladte the, aur wo bhi unse ladte the; doosre wo the jinke saath Nabi (SAW) ne sulah ki thi, aur na Nabi (SAW) unse ladte the, na wo Nabi se ladte the. Agar pehle giroh ke mushrikeen mein se koi aurat Musalmaanon ki taraf hijrat kar aaye, to jab tak uski haiz na ho aur wo paak na ho jaaye, uska rishta nahi maanga jaayega. Jab wo paak ho jaaye, to uska nikaah karna jaayez ho jaayega, aur agar uska shohar bhi nikaah se pehle hijrat kar le, to use uske paas wapas kar diya jaayega. Agar koi ghulaam ya launDi unmein se Musalmaanon ki taraf hijrat kar aaye, to unhein azaad log samjha jaayega (ghulaam nahi) aur unhein doosre Muhaajireen jaise haq milenge. Ravi ne phir un mushrikeen ka zikr kiya jinke saath Musalmaanon ka muaahida tha, waisa hi jaisa Mujahid ki riwayat mein aata hai. Agar koi ghulaam ya launDi aise mushrikeen se, jinhone Musalmaanon se sulah ki thi, hijrat kar aaye, to unhein wapas nahi kiya jaayega, magar unki qeemat (mushrikeen ko) ada ki jaayegi.
Sahih al-Bukhari 5286 · Book 68, Hadith 35