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Hadith 34934
Yahya related to me from Malik that Ibn Shihab said, "Between the
Islam of Safwan and the Islam of his wife there was about one month."
Ibn Shihab said, "We have not heard about any woman doing
hijra for Allah and His Messenger while her husband was a kafir
abiding in the land of kufr, but that her hijra separated her and her
husband unless her husband came in hijra before her period of idda had
been completed."
Muwatta Malik Book 28, Hadith 49
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Malik related to me from Ibn Shihab that he had heard that in the
time of the Messenger of Allah, may Allah bless him and grant him
peace, women were becoming muslim in their own lands and they did not
do hijra while their husbands were still kafirun although they
themselves had become muslim. Among them was the daughter of al-Walid
ibn al-Mughira and she was the wife of Safwan ibn Umayya. She became
muslim on the day of the conquest (of Makka), and her husband, Safwan
ibn Umayya fled from Islam. The Messenger of Allah, may Allah bless
him and grant him peace, sent Safwan's paternal cousin, Wahb ibn Umayr
with the cloak of the Messenger of Allah, may Allah bless him and
grant him peace, as a safe-conduct for Safwan ibn Umayya, and the
Messenger of Allah, may Allah bless him and grant him peace, called
him to Islam and asked for him to come to him and if he was pleased
with the matter to accept it. If not he would have a respite for two
months.
When Safwan came to the Messenger of Allah, may Allah
bless him and grant him peace, with his cloak, he called out to him
over the heads of the people, "Muhammad! Wahb ibn Umayr brought me
your cloak and claimed that you had summoned me to come to you and if
I was pleased with the matter, I should accept it and if not, you
would give me a respite for two months. "The Messenger of Allah, may
Allah bless him and grant him peace, said, "Come down, Abu Wahb." He
said, "No, by Allah! I will not come down until you make it clear to
me." The Messenger of Allah, may Allah bless him and grant him peace,
said, "You have a respite of four months." The Messenger of Allah, may
Allah bless him and grant him peace, went out toward Hawazin at
Hunayn. He sent to Safwan ibn Umayya to borrow some equipment and arms
that he had. Safwan said, "Willingly or unwillingly?" He said,
"Willingly." Therefore he lent him the equipment and arms which he
had. Then Safwan went out with the Messenger of Allah, may Allah bless
him and grant him peace, while he was still a kafir. He was present at
the battles of Hunayn and at-Ta'if while he was still a kafir and his
wife was a muslim. The Messenger of Allah, may Allah bless him and
grant him peace, did not separate Safwan and his wife until he had
become muslim, and his wife was settled with him by that marriage. Muwatta Malik Book 28, Hadith 48
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Yahya related to me from Malik from Ibn Shihab that Umm Hakim
bint al-Harith ibn Hisham who was the wife of Ikrima ibn Abi Jahl
became muslim on the day of the conquest of Makka, and her husband
Ikrima fled from Islam as far as the Yemen. Umm Hakim set out after
him until she came to him in the Yemen and she called him to Islam,
and he became muslim. He went to the Messenger of Allah, may Allah
bless him and grant him peace, in the year of the conquest. When the
Messenger of Allah, may Allah bless him and grant him peace, saw him,
he rushed to him in joy and did not bother to put on his cloak until
he had made the pledge with him. They were confirmed in their
marriage.
Malik said, "If a man becomes muslim before his
wife, a separation occurs between them when he presents Islam to her
and she does not become muslim, because Allah, the Blessed, the
Exalted, said in His Book, 'Do not hold fast to the ties of women who
are kafirun.' " Muwatta Malik Book 28, Hadith 50