Loop posts based on comments status (comments_open or similar)

I want to loop through posts, and display only posts with comments status set to closed.

I have a custom query

<?php $the_query = new WP_Query('posts_per_page=10&cat=-42'); ?>
<?php while ($the_query -> have_posts()) : $the_query -> the_post(); ?>
<?php if (!comments_open()) : ?>

But the problem here is, as this is a “hack”, it just deoesn’t show the post if it’s comments are closed.

If i introduce pagination, and this is the real problem, it will display a blank page if among the given 10 posts there aren’t any with closed comments.

So, i want to STRICTLY display posts with closed comments, 10 such posts per page.

Any help would be appreciated.