وَالَّذِيۡنَ يُتَوَفَّوۡنَ مِنۡکُمۡ وَيَذَرُوۡنَ اَزۡوَاجًا  ۖۚ وَّصِيَّةً لِّاَزۡوَاجِهِمۡ مَّتَاعًا اِلَى الۡحَـوۡلِ غَيۡرَ اِخۡرَاجٍ​​ ۚ فَاِنۡ خَرَجۡنَ فَلَا جُنَاحَ عَلَيۡکُمۡ فِىۡ مَا فَعَلۡنَ فِىۡٓ اَنۡفُسِهِنَّ مِنۡ مَّعۡرُوۡفٍؕ وَاللّٰهُ عَزِيۡزٌ حَکِيۡمٌ‏ ﴿2:240﴾وَلِلۡمُطَلَّقٰتِ مَتَاعٌ ۢ بِالۡمَعۡرُوۡفِ ​ؕ حَقًّا عَلَى الۡمُتَّقِيۡنَ‏  ﴿2:241﴾ كَذٰلِكَ يُبَيِّنُ اللّٰهُ لَـکُمۡ اٰيٰتِهٖ لَعَلَّكُمۡ تَعۡقِلُوۡنَ‏ ﴿2:242﴾

(2:240) Those of you who die leaving behind your wives²⁶⁴ should make testament of one year’s provision without expulsion in favour of your wives; and if they themselves depart, there shall be no blame upon you for what they may do with themselves in an honourable manner. Allah is All-Mighty, All-Wise. (2:241) Likewise, let there be a fair provision for the divorced women; this is an obligation on the God-fearing. (2:242) Thus Allah makes His injunctions clear to you that you may understand.

Notes

264. The main discourse has already come to an end see (verse 238 an n. 262) above. These concluding remarks are supplementary,.

حَافِظُوۡا عَلَى الصَّلَوٰتِ وَالصَّلٰوةِ الۡوُسۡطٰى وَقُوۡمُوۡا لِلّٰهِ قٰنِتِيۡنَ‏ ﴿2:238﴾ فَاِنۡ خِفۡتُمۡ فَرِجَالًا اَوۡ رُكۡبَانًا ​​ ۚ فَاِذَآ اَمِنۡتُمۡ فَاذۡکُرُوا اللّٰهَ کَمَا عَلَّمَکُمۡ مَّا لَمۡ تَكُوۡنُوۡا تَعۡلَمُوۡنَ‏ ﴿2:239﴾

(2:238) Be watchful over the Prayers,²⁶² and over praying with the utmost excellence,²⁶³ and stand before Allah as would utterly obedient servants. (2:239) And even if you face the state of fear, still perform the Prayer whether on foot or riding; and when you are secure, remember Allah in the manner that He taught you, the manner that you did not know earlier. 

Notes

262. Having mentioned the laws for the guidance of human society, God rounds off this address by emphasizing Prayer, for it is Prayers which instil in man the fear of God. They inculcate the feelings of goodness and purity and the disposition to obey the ordinances of God, and foster adherence to righteousness. Without Prayer it would be impossible for men to persist in observing the laws of God, and they would likely be swept away by a current of defiance and disobedience, as happened in the case of the Jews. 

263. ‘Re expression al-salat al-wusta has been variously interpreted to mean the Morning, Mid-Day, Sunset or Night Prayers. But no direct statement explaining this expression has come down from the Prophet himself. All the divergent opinions are deductions made by scholars. The opinion of the majority, seems to he inclined in favour of the Afternoon (‘Asr) Prayer. since it is claimed that on one occasion the Prophet alluded to this as al-salat al-wusta. The event cited in support of this inference is that during the Battle of the Ditch the Prophet once so preoccupied with the problems posed by the siege of Madina, by the polytheists, that he could not perform his ‘Asr Prayer within the scheduled time. and the time of sunset drew close. On that occasion the Prophet said: ‘God fill the graves and houses of these people with fire. They have caused us to our wusta (mid-most) Prayer.’ This statement led people to believe that the expression ‘mid-most Prayer’ referred to the 

‘Asr Prayer. It seems more likely, however, that the Prophet meant that the cares of the battle had prevented him and his followers from performing the Prayer in an excellent way; the delay in the Prayer meant that instead of praying with equanimity, concentration and total devotion, they were forced by circumstances to pray hurriedly. 

The adjective wusta in addition to signifying the middle position of the subject that it qualifies, also signifies its excellence. Hence the expression could legitimately be interpreted both in the sense of the middle Prayer as well as in the sense of the Prayer which is performed at the right time and with full devotion and attention to God, a Prayer which contains all the attributes of excellence. The admonition which follows, ‘stand before Allah as utterly, obedient servants’, seems to indicate what was meant by the ‘mid-most Prayer’.

لَا جُنَاحَ عَلَيۡكُمۡ اِنۡ طَلَّقۡتُمُ النِّسَآءَ مَا لَمۡ تَمَسُّوۡهُنَّ اَوۡ تَفۡرِضُوۡا لَهُنَّ فَرِيۡضَةً  ۖۚ وَّمَتِّعُوۡهُنَّ ​ۚ عَلَى الۡمُوۡسِعِ قَدَرُهٗ وَ عَلَى الۡمُقۡتِرِ قَدَرُهٗ ​ۚ مَتَاعًا ۢ بِالۡمَعۡرُوۡفِ​​ۚ حَقًّا عَلَى الۡمُحۡسِنِيۡنَ‏  ﴿2:236﴾ وَاِنۡ طَلَّقۡتُمُوۡهُنَّ مِنۡ قَبۡلِ اَنۡ تَمَسُّوۡهُنَّ وَقَدۡ فَرَضۡتُمۡ لَهُنَّ فَرِيۡضَةً فَنِصۡفُ مَا فَرَضۡتُمۡ اِلَّاۤ اَنۡ يَّعۡفُوۡنَ اَوۡ يَعۡفُوَا الَّذِىۡ بِيَدِهٖ عُقۡدَةُ النِّكَاحِ ​ؕ وَاَنۡ تَعۡفُوۡٓا اَقۡرَبُ لِلتَّقۡوٰى​ؕ وَ لَا تَنۡسَوُا الۡفَضۡلَ بَيۡنَكُمۡ​ؕ اِنَّ اللّٰهَ بِمَا تَعۡمَلُوۡنَ بَصِيۡرٌ‏  ﴿2:237﴾

(2:236) There is no blame upon you if you divorce your wives before you have touched them or settled a bridal gift upon them. But even in this case you should make some provision for them:²⁶⁰ the affluent, according to his means; the straitened, according to his means – a provision in fair manner. That is a duty upon the good-doers. (2:237) And if you divorce them before you touch them or settle a bridal gift upon them, then (give them) half of what you have settled unless either the women act leniently and forgo their claim, or he in whose hand is the marriage tie acts leniently (and pays the full amount). If you act leniently, it is closer to God-fearing. And forget not to act gracefully with one another,²⁶¹ for indeed Allah sees all that you do. 

Notes

260. This sundering of the matrimonial contract after it has been concluded does cause some harm to the woman; God has ordered, therefore, that the person concerned should compensate for the loss according to his capacity. 

261. Magnanimity in dealings is essential if human relationships are to remain sound and pleasant. If everyone were to stick strictly to his legal rights and claims, a pleasant social life would he rendered impossible.

وَلَا جُنَاحَ عَلَيۡكُمۡ فِيۡمَا عَرَّضۡتُمۡ بِهٖ مِنۡ خِطۡبَةِ النِّسَآءِ اَوۡ اَکۡنَنۡتُمۡ فِىۡٓ اَنۡفُسِكُمۡ​ؕ عَلِمَ اللّٰهُ اَنَّكُمۡ سَتَذۡكُرُوۡنَهُنَّ وَلٰـكِنۡ لَّا تُوَاعِدُوۡهُنَّ سِرًّا اِلَّاۤ اَنۡ تَقُوۡلُوۡا قَوۡلًا مَّعۡرُوۡفًا ​ؕ وَلَا تَعۡزِمُوۡا عُقۡدَةَ النِّکَاحِ حَتّٰى يَبۡلُغَ الۡكِتٰبُ اَجَلَهٗ ​ؕ وَاعۡلَمُوۡٓا اَنَّ اللّٰهَ يَعۡلَمُ مَا فِىۡٓ اَنۡفُسِكُمۡ فَاحۡذَرُوۡهُ ​ؕ وَاعۡلَمُوۡٓا اَنَّ اللّٰهَ غَفُوۡرٌ حَلِيۡمٌ‏ ﴿2:235﴾

(2:235) There is no blame upon you whether you hint at a marriage proposal to such women or keep the proposal hidden in your hearts. Allah knows that you will think of them in that connection. But do not make any secret engagement with them and speak openly in an honourable manner. Do not resolve on the marriage tie until the ordained term has come to its end. Know well that Allah knows even what is in your hearts. So, have fear of Him and know well that Allah is All-Forgiving, All-Forbearing. 

Notes

وَالۡوَالِدٰتُ يُرۡضِعۡنَ اَوۡلَادَهُنَّ حَوۡلَيۡنِ كَامِلَيۡنِ​ لِمَنۡ اَرَادَ اَنۡ يُّتِمَّ الرَّضَاعَةَ ​ ؕ وَعَلَى الۡمَوۡلُوۡدِ لَهٗ رِزۡقُهُنَّ وَكِسۡوَتُهُنَّ بِالۡمَعۡرُوۡفِ​ؕ لَا تُكَلَّفُ نَفۡسٌ اِلَّا وُسۡعَهَا ۚ لَا تُضَآرَّ وَالِدَةٌ ۢ بِوَلَدِهَا وَلَا مَوۡلُوۡدٌ لَّهٗ بِوَلَدِهٖ وَعَلَى الۡوَارِثِ مِثۡلُ ذٰ لِكَ ۚ فَاِنۡ اَرَادَا فِصَالًا عَنۡ تَرَاضٍ مِّنۡهُمَا وَتَشَاوُرٍ فَلَا جُنَاحَ عَلَيۡهِمَا ​ؕ وَاِنۡ اَرَدْتُّمۡ اَنۡ تَسۡتَرۡضِعُوۡٓا اَوۡلَادَكُمۡ فَلَا جُنَاحَ عَلَيۡكُمۡ اِذَا سَلَّمۡتُمۡ مَّآ اٰتَيۡتُمۡ بِالۡمَعۡرُوۡفِ​ؕ وَاتَّقُوا اللّٰهَ وَاعۡلَمُوۡٓا اَنَّ اللّٰهَ بِمَا تَعۡمَلُوۡنَ بَصِيۡرٌ‏﴿2:233﴾ وَالَّذِيۡنَ يُتَوَفَّوۡنَ مِنۡكُمۡ وَيَذَرُوۡنَ اَزۡوَاجًا يَّتَرَبَّصۡنَ بِاَنۡفُسِهِنَّ اَرۡبَعَةَ اَشۡهُرٍ وَّعَشۡرًا ​​ۚ فَاِذَا بَلَغۡنَ اَجَلَهُنَّ فَلَا جُنَاحَ عَلَيۡكُمۡ فِيۡمَا فَعَلۡنَ فِىۡٓ اَنۡفُسِهِنَّ بِالۡمَعۡرُوۡفِؕ وَاللّٰهُ بِمَا تَعۡمَلُوۡنَ خَبِيۡرٌ‏﴿2:234﴾

(2:233) If they (i.e. the fathers) wish that the period of suckling for their children be completed, mothers may suckle their children for two whole years.²⁵⁷ (In such a case) it is incumbent upon him who has begotten the child to provide them (i.e. divorced women) their sustenance and clothing in a fair manner. But none shall be burdened with more than he is able to bear; neither shall a mother suffer because of her child nor shall the father be made to suffer because he has begotten him. The same duty towards the suckling mother rests upon the heir²⁵⁸ as upon him (i.e. the father). And if both (the parents) decide, by mutual consent and consultation, to wean the child, there is no blame on them; if you decide to have other women suckle your children there is no blame upon you, provided you hand over its compensation in a fair manner. Fear Allah and know well that Allah sees all that you do. (2:234) The wives of men who have died must observe a waiting period of four months and ten days;²⁵⁹ when they have reached the end of the waiting term, there is no blame upon you regarding what they may do with themselves in a fair manner. Allah is well aware of what you do. 

Notes

257. This injunction applies to the condition where the couple have separated either because of divorce, or klul’ see (n. 252 above) or ‘ faskh (annulment) or tafriq (repudiation as a result of judicial decision) and the woman is nursing a child. 

258. That is, if the father dies, whoever replaces him as the guardian of the child will be responsible for fulfilling this claim. 

259. The waiting period owing to the death of the husband is obligatory even for a woman with whom consummation of marriage has not taken place. A pregnant woman, however, is exempted from this. Her waiting period expires the husband’s death and the childbirth is less than the waiting period prescribed by Law.

‘To observe a waiting period’ does not mean merely that they should refrain from marrying, but also from self-adornment. 

Hence we find categorical directives in the Hadith that a widow should neither wear colourful and showy dresses and jewellery, make use of henna, kohl, and perfumes, nor set her hair in an attractive style. There is disagreement, however, as to whether the widow may go out of her house during the waiting period. ‘Umar, ‘UthmaAn, Ibn ‘Umar, Zayd ibn Thabit, Ibn Mas’uid, Ummn Salamah, Said ibn al-Musayyib, Ibrahim al-Nakha’i, Muhammad ibn Sirin and the founders of the four legal schools are of the opinion that during the waiting period a woman should stay in the house in which her husband died. During the daytime she may go out to do necessary errands, but her residence should be her own home. On contrary, ‘A’ishah, Ibn ‘Abbas, ‘Ali, Jabir ibn ‘Abd Allah. ‘Ata’. Ta’us, Hasan al-Basri. ‘Umar ibn’Abd al’Aziz and the Zahiris are of the opinion that a widow may spend her waiting period wherever she likes, and may even go on journeys. (See the commentary on the verse in JassAs. vol. 1, pp. 418 f. – Ed.)

وَاِذَا طَلَّقۡتُمُ النِّسَآءَ فَبَلَغۡنَ اَجَلَهُنَّ فَلَا تَعۡضُلُوۡهُنَّ اَنۡ يَّنۡكِحۡنَ اَزۡوَاجَهُنَّ اِذَا تَرَاضَوۡا بَيۡنَهُمۡ بِالۡمَعۡرُوۡفِ​ؕ ذٰ لِكَ يُوۡعَظُ بِهٖ مَنۡ كَانَ مِنۡكُمۡ يُؤۡمِنُ بِاللّٰهِ وَالۡيَوۡمِ الۡاٰخِرِؕ ذٰ لِكُمۡ اَزۡکٰى لَـكُمۡ وَاَطۡهَرُؕ​ وَاللّٰهُ يَعۡلَمُ وَاَنۡـتُمۡ لَا تَعۡلَمُوۡنَ‏  ﴿2:232﴾

(2:232) When you divorce women and they have completed their waiting term do not hinder them from marrying other men if they have agreed to this in a fair manner.²⁵⁶

That is an admonition to everyone of you who believes in Allah and the Last Day; that is a cleaner and purer way for you. For Allah knows whereas you do not know. 

Notes

256. This is a directive to the relatives of the divorced woman. When a woman is divorced by her husband and he fails to revoke the divorce before the expiry of the waiting period, the relatives of the woman should not try to prevent the couple from re-marrying if they agree to do so. This verse may also be interpreted to mean that if a divorced woman wants to contract marriage with someone other than her former husband after the expiry of the waiting period, the former husband should not obstruct this marriage by making malicious propaganda against the woman he has forsaken. 

That is an admonition to every one of you who believes in Allah and the Last Day; that is a cleaner and purer way for you. For Allah knows whereas you do not know.

وَاِذَا طَلَّقۡتُمُ النِّسَآءَ فَبَلَغۡنَ اَجَلَهُنَّ فَاَمۡسِكُوۡهُنَّ بِمَعۡرُوۡفٍ اَوۡ سَرِّحُوۡهُنَّ بِمَعۡرُوۡفٍ​ وَلَا تُمۡسِكُوۡهُنَّ ضِرَارًا لِّتَعۡتَدُوۡا​ ۚ وَمَنۡ يَّفۡعَلۡ ذٰ لِكَ فَقَدۡ ظَلَمَ نَفۡسَهٗ ​ؕ وَلَا تَتَّخِذُوۡٓا اٰيٰتِ اللّٰهِ هُزُوًا​ وَّاذۡكُرُوۡا نِعۡمَتَ اللّٰهِ عَلَيۡكُمۡ وَمَآ اَنۡزَلَ عَلَيۡكُمۡ مِّنَ الۡكِتٰبِ وَالۡحِكۡمَةِ يَعِظُكُمۡ بِهٖ​ؕ وَاتَّقُوا اللّٰهَ وَاعۡلَمُوۡٓا اَنَّ اللّٰهَ بِكُلِّ شَىۡءٍ عَلِيۡمٌ‏ ﴿2:231﴾

(2:231) And so, when you divorce women and they reach the end of their waiting term, then either retain them in a fair manner or let them go in a fair manner. And do not retain them to their hurt or by way of transgression; whosoever will do that will indeed wrong himself.²⁵⁴

Do not take the Signs of Allah in jest and remember Allah’s favour upon you. He exhorts you to revere the Book and the Wisdom that He has sent down upon you.²⁵⁵ Fear Allah, and know well that Allah has full knowledge of everything. 

Notes

254. It is absolutely improper that a person should revoke the divorce he pronounced on his wife before the lapse of the period of waiting merely in order to use this revocation as a pretext to harass and torment her . God commands that if a person revokes the divorce this decision should be prompted by a sincere desire to live together amicably. Should that intention be lacking, it is better to part company in a graceful manner see further( n. 250 above). 

255. Muslims should not forget that by teaching them the Book and Wisdom, God entrusted them with the glorious task of guiding the world. They should also not forget that they were appointed the ‘community, of the middle way’ and appointed as witnesses to good and righteousness see (verse 143 above). It does not become them, therefore, to indulge in sophistry and to play with the verses of the Book of God, to exploit the words of the Law to their advantage in achieving ends counter to its spirit, and to slump into injustice and other evil behaviour instead of directing the world to the Right Way.

اَلطَّلَاقُ مَرَّتٰنِ​ فَاِمۡسَاكٌ ۢ بِمَعۡرُوۡفٍ اَوۡ تَسۡرِيۡحٌ ۢ بِاِحۡسَانٍ​ ؕوَلَا يَحِلُّ لَـکُمۡ اَنۡ تَاۡخُذُوۡا مِمَّآ اٰتَيۡتُمُوۡهُنَّ شَيۡـئًا اِلَّاۤ اَنۡ يَّخَافَآ اَ لَّا يُقِيۡمَا حُدُوۡدَ اللّٰهِ​ؕ فَاِنۡ خِفۡتُمۡ اَ لَّا يُقِيۡمَا حُدُوۡدَ اللّٰهِۙ فَلَا جُنَاحَ عَلَيۡهِمَا فِيۡمَا افۡتَدَتۡ بِهٖؕ​ تِلۡكَ حُدُوۡدُ اللّٰهِ فَلَا تَعۡتَدُوۡهَا ​ۚ​ وَمَنۡ يَّتَعَدَّ حُدُوۡدَ اللّٰهِ فَاُولٰٓـئِكَ هُمُ الظّٰلِمُوۡنَ‏ ﴿2:229﴾ فَاِنۡ طَلَّقَهَا فَلَا تَحِلُّ لَهٗ مِنۡۢ بَعۡدُ حَتّٰى تَنۡكِحَ زَوۡجًا غَيۡرَهٗ ​ؕ فَاِنۡ طَلَّقَهَا فَلَا جُنَاحَ عَلَيۡهِمَآ اَنۡ يَّتَرَاجَعَآ اِنۡ ظَنَّآ اَنۡ يُّقِيۡمَا حُدُوۡدَ اللّٰهِ​ؕ وَتِلۡكَ حُدُوۡدُ اللّٰهِ يُبَيِّنُهَا لِقَوۡمٍ يَّعۡلَمُوۡنَ‏﴿2:230﴾

(2:229) Divorce can be pronounced twice: then, either honourable retention or kindly release should follow.²⁵⁰

(While dissolving the marriage tie) it is unlawful for you to take back anything of what you have given to your wives²⁵¹ unless both fear that they may not be able to keep within the bounds set by Allah. Then, if they fear that they might not be able to keep within the bounds set by Allah, there is no blame upon them for what the wife might give away of her property to become released from the marriage tie.²⁵² These are the bounds set by Allah; do not transgress them. Those of you who transgress the bounds set by Allah are indeed the wrong-doers. (2:230) Then, if he divorces her (for the third time, after having pronounced the divorce twice), she shall not be lawful to him unless she first takes another man for a husband, and he divorces her.²⁵³ There is no blame upon them if both of them return to one another thereafter, provided they think that they will be able to keep within the bounds set by Allah. These are the bounds of Allah which He makes clear to a people who have knowledge (of the consequences of violating those bounds). 

Notes

250. This little verse aims at the reform of a serious evil that was rampant in the social life in pre-Islamic Arabia. According to the customary law of Arabia, a person was entitled to pronounce any number of divorces upon his wife. As a result divorce was resorted to at the least provocation and annoyance. In addition, the husband often exercised his right to revoke the divorce he had pronounced with the result that the poor wife could neither live with him in happiness nor free herself to contract a fresh marriage with someone else. Here the Qur’an seeks to shut the door on this injustice. According to this verse, a man may pronounce revocable divorce upon his wife not more than twice. Should he pronounce divorce for the third time after revoking it twice, the wife will be permanently alienated from him. 

The appropriate procedure for divorce, according to the Qur’an and Hadith, is that a person should pronounce one divorce outside the time of the wife’s menstrual period. After the first divorce he may pronounce a second in the next clear period if he wants to, though it is preferable that he should confine himself to pronouncing the first. In this case the husband retains the right to revoke the divorce at any time before the lapse of the period of waiting (‘iddah) even if the period of waiting has lapsed, the couple have the right to recontract the marriage by mutual consent. If the husband, however, pronounces divorce in his wife’s third clear period he has no right to revoke the divorce, and the spouses are not entitled to recontract the marriage. The pronouncing of triple divorce in one session is a highly sinful act according to the Law, and the Prophet has strongly denounced it. (See Nasii, ‘Talaq’, 6 – Ed.) It has even been established that ‘Umar used to flog those who pronounced triple divorce in one session. Although this procedure of divorce is considered sinful, the founders of the four legal schools consider it to have legal effect, with the result that such divorce, in their view, becomes absolutely irrevocable. 

251. This refers to the mahr (bridal gift) and the jewellery, clothes and so on which the husband offers as a gift to his wife, and to which he has no right of reclaim. It is, indeed, normally inconsistent with Islamic ethics that a person should reclaim anything he has made over to another by way of donation or gift. In the Hadith this disgraceful act is likened to a dog licking its own vomit. (See Bukhari, ‘Hibah’, 30; Nasiii, ‘Hibah’, 3, etc. – Ed.) 

In the case of a husband, in particular, it is a matter of the utmost disgrace that, at the time of saying farewell to his divorced wife he should try to dispossess her of what he had once given her out of his own goodwill. On the contrary, the morals that Islam seeks to cultivate require that at the time of parting the husband ought to present her with a farewell gift. See (verse 241 below.)

252. In the terminology of Islamic Law this is known as khul’, i.e. a woman’s securing the annulment of her marriage through the payment of some compensation to her husband. Whatever settlement is made between a husband and wife should come into effect. If the matter is referred to the court, however, it will investigate only whether the wife has really become too disgusted with the husband to put up with him. (For the Traditions on the basis of which the author concludes this see the commentaries on this verse in Ibn Kathir and Qurtubi, see especially the latter, vol. 2, pp. 946-8 – Ed.) Once this is determined the court is entitled to fix the amount of payment incumbent on the wife as compensation for the repudiation of her marriage, and the husband will be bound to accept that amount and divorce his wife. In general, the jurists believe that the payment, thus fixed, should not be higher than the original mahr paid by the husband. 

The divorce that comes into effect is irrevocable and brings separation into effect immediately. Since the woman has paid compensation, she has in effect purchased the right of repudiation and the husband, therefore, has ceased to have the right to revoke the divorce. If, however, the spouses agree to recontract marriage, they may do so. 

According to the majority of jurists the period of waiting under khul’ is the same as under divorce. However, there are several Traditions in Abu Da’ud, Tirmidhi, Ibn Majah, etc., which show that the Prophet fixed the period of waiting at one menstrual period, and that ‘Uthman applied this in a case which he decided. (See Ibn Kathir’s commentary on the verse.) 

253. It is known from authentic Traditions that it is totally illegitimate for a person to arrange the marriage of his divorced wife with someone else on the understanding that the latter will divorce her to make it possible for the former husband to recontract marriage with that woman. Such trickery would in fact be an act of sheer sexual corruption and would not render the woman liable to remarriage with her former husband. According to a Tradition transmitted from ‘Ali, Ibn Mas’ud, Abu Hurayrah and ‘Uqbah ibn ‘Amir, the Prophet pronounced his curse on those who arrange, as well as on those who agree to contract, such fictitious marriages. (See Muslim. ‘Talaq’, l5, 71; Nasa’i, ‘Talaq’, 8; Ahmad b. Hanbal, Musnad, vol. 1, P. 314 and vol. 5, p. 334; Al-Muwatta’, ‘Talaq’, 27; Abu Da’ud. ‘Talaq’. 10 – Ed.)

وَالۡمُطَلَّقٰتُ يَتَرَ بَّصۡنَ بِاَنۡفُسِهِنَّ ثَلٰثَةَ قُرُوۡٓءٍ ​ؕ وَلَا يَحِلُّ لَهُنَّ اَنۡ يَّكۡتُمۡنَ مَا خَلَقَ اللّٰهُ فِىۡٓ اَرۡحَامِهِنَّ اِنۡ كُنَّ يُؤۡمِنَّ بِاللّٰهِ وَالۡيَوۡمِ الۡاٰخِرِ​ؕ وَبُعُوۡلَتُهُنَّ اَحَقُّ بِرَدِّهِنَّ فِىۡ ذٰ لِكَ اِنۡ اَرَادُوۡٓا اِصۡلَاحًا ​ؕ وَلَهُنَّ مِثۡلُ الَّذِىۡ عَلَيۡهِنَّ بِالۡمَعۡرُوۡفِ​ وَلِلرِّجَالِ عَلَيۡهِنَّ دَرَجَةٌ ​ ؕ وَاللّٰهُ عَزِيۡزٌ حَكِيۡمٌ‏  ﴿2:228﴾

(2:228) Divorced women shall keep themselves in waiting for three menstrual courses and it is unlawful for them, if they believe in Allah and the Last Day, to hide whatever Allah might have created in their wombs. Should their husbands desire reconciliation during this time they are entitled to take them back into wedlock.²⁴⁹

Women have the same rights against their men as men have against them; but men have a degree above them. Allah is All- Powerful, All-Wise. 

Notes

249. Jurists disagree about the legal import of this verse. According to some, as long as a woman has not completed her third menstrual period repudiation will not have the effect of irrevocable divorce. This is the view of Abu Bakr, ‘Umar, ‘Ali, Ibn ‘Abbas, Abu Musa al-Ash’arl, Ibn Mas’ud and several distinguished Companions of the Prophet. This is also the accepted doctrine of the Hanafi jurists. On the other hand, another group of jurists is of the view that, as soon as the third monthly period of a woman begins, the husband ceases to have the right to revoke the divorce. This is the view of , ‘A’ishah, Ibn ‘Umar and Zayd ibn Thabit, and has been accepted by, the Shafi’i and Maliki jurists. It should be clear, however, that this injunction is applicable only when the husband has pronounced single or double divorce. In case of triple divorce, the husband ceases to have the right of revocation. (See Jassas, vol. 1. pp. 364 ff. – Ed.)

لِّـلَّذِيۡنَ يُؤۡلُوۡنَ مِنۡ نِّسَآئِهِمۡ تَرَبُّصُ اَرۡبَعَةِ اَشۡهُرٍ​​ۚ فَاِنۡ فَآءُوۡ فَاِنَّ اللّٰهَ غَفُوۡرٌ رَّحِيۡمٌ‏ ﴿2:226﴾ وَاِنۡ عَزَمُوا الطَّلَاقَ فَاِنَّ اللّٰهَ سَمِيۡعٌ عَلِيۡمٌ‏ ﴿2:227﴾

(2:226) For those who vow abstinence from their wives there is a respite of four months.²⁴⁵Then, if they go back on their vow they will find that Allah is All-Forgiving, All-Compassionate.²⁴⁶ (2:227) And if they resolve on divorce,²⁴⁷ surely Allah is All-Hearing, All-Knowing.²⁴⁸

Notes

245. In the legal terminology of Islam this is known as ila’. It is obvious that harmony and cordiality do not always prevail in matrimonial life. There are occasions when strains and tensions develop, leading to discord and estrangement. But the Law of God does not approve of that discord which causes a husband and wife, who are legally tied to one another in matrimony, to remain for all practical purposes alienated from one another as if they had ceased to be spouses. For this kind of abnormal discord and estrangement God has fixed a limit of four months during which the spouses are required either to settle their difference, or to break the tie of wedlock so that each becomes free to contract marriage with someone with whom a harmonious matrimonial relationship appears more likely.

Since the verse mentions ‘taking a vow’, the Hanafi and Shafi’i jurists consider the injunction to be applicable only when a husband has taken a vow not to have sexual relations with his wife. According to them, the injunction does not apply if the husband merely forsakes sexual relations with his wife without taking any vow to that effect. The Maliki jurists are, however, of the opinion that irrespective of whether a person has taken a vow, the maximum permissible limit for abstaining from sexual relations in wedlock is four months. A statement to that effect is also attributed to Ahmad b. Hanbal. (See Ibn Rushd, Bidayat al-Mujtahid, vol. 2, pp. 98 ff. – Ed.) 

According to ‘Ali, Ibn Abbas and Hasan al-Basri, this injunction is related to the cessation of sexual relations as a result of unpleasantness in the relationship of the spouses. It would not apply, however, if a husband were to decide to abandon sexual relations with his wife out of some beneficial consideration – say because the wife is breastfeeding – at a time when their relationship was pleasant. According to other jurists, however, any vow which prevents sexual intercourse between a husband and wife is ila’, and ought not to last longer than four months irrespective of the state of the matrimonial relationship when it was taken. (See Jassas, Ahkam al-Qur’an, vol. 1, pp. 355 ff – Ed.) 

246. Some jurists have interpreted this verse to signify that if the spouses break their vow and re-establish sexual relations they will not be liable to any expiation and will be pardoned by God gratuitously. However, the majority of jurists are of the opinion that they, are required to expiate. The statement that God is Oft-Forgiving and Merciful does not mean that God has forgiven them. It means rather that God will accept their expiation and will forgive them for whatever excesses they may have committed against each other. 

247. According to ‘Uthman, Ibn Mas’ud, Zayd ibn Thabit and others the limit for the restoration of matrimonial relations is four months. The mere termination of that period proves that the husband has decided to repudiate the marriage and so divorce automatically ensues. It will be reckoned as an irrevocable (ba’in) repudiation. This means that separation between the spouses will come into force and the husband will not have the right to revoke it during the period of waiting (‘iddah). The two parties will, however, have the right to recontract marriage by mutual consent. Statements from ‘Umar, ‘Ali, Ibn ‘Abbas, and also a statement from Ibn ‘Umar, have been reported in support of this doctrine and have been accepted by the Hanafi jurists as the basis of their doctrine. 

Sa’id ibn al-Musayyib, Makhul, Zuhri,. and some other early jurists agree with this doctrine to the extent that divorce comes into force after four months. But they consider that the husband may revoke it during the period of waiting; and even after the lapse of that period the spouses may recontract marriage by mutual consent. 

However, ‘A’ishah, Abu al-Darda’ and the majority of the jurists of Madina are opposed to this opinion and hold that after four months the matter should be placed before the court when the judge will order the husband either to resume matrimonial relations with his wife or divorce her. Statements from ‘Umar and ‘Ali as well as a statement from Ibn ‘Umar have come down in support of this doctrine. This opinion has been accepted by Malik and Shafi’i. (See Jassas, vol. 1, pp. 359 f. – Ed.) 

248. That is, if a man has abandoned his wife on unreasonable grounds, he should not feel secure from the wrath of God for He is not unaware of the excesses that he may have committed.