Surah 2 Al-Baqarah, Ayat 245-246

مَنۡ ذَا الَّذِىۡ يُقۡرِضُ اللّٰهَ قَرۡضًا حَسَنًا فَيُضٰعِفَهٗ لَهٗۤ اَضۡعَافًا کَثِيۡرَةً  ​ؕ وَاللّٰهُ يَقۡبِضُ وَيَبۡصُۜطُ وَ اِلَيۡهِ تُرۡجَعُوۡنَ‏ ﴿2:245﴾ اَلَمۡ تَرَ اِلَى الۡمَلَاِ مِنۡۢ بَنِىۡٓ اِسۡرَآءِيۡلَ مِنۡۢ بَعۡدِ مُوۡسٰى​ۘ اِذۡ قَالُوۡا لِنَبِىٍّ لَّهُمُ ابۡعَثۡ لَنَا مَلِکًا نُّقَاتِلۡ فِىۡ سَبِيۡلِ اللّٰهِ​ؕ قَالَ هَلۡ عَسَيۡتُمۡ اِنۡ کُتِبَ عَلَيۡکُمُ الۡقِتَالُ اَلَّا تُقَاتِلُوۡا ؕ قَالُوۡا وَمَا لَنَآ اَلَّا نُقَاتِلَ فِىۡ سَبِيۡلِ اللّٰهِ وَقَدۡ اُخۡرِجۡنَا مِنۡ دِيَارِنَا وَاَبۡنَآئِنَا ​ؕ فَلَمَّا کُتِبَ عَلَيۡهِمُ الۡقِتَالُ تَوَلَّوۡا اِلَّا قَلِيۡلًا مِّنۡهُمۡ​ؕ وَاللّٰهُ عَلِيۡمٌۢ بِالظّٰلِمِيۡنَ‏ ﴿2:246﴾

(2:245) Who of you will lend Allah a goodly loan267 which He will return after multiplying it for him manifold? For Allah has the power both to decrease and increase, and to Him will you be returned. (2:246) (O Messenger), have you thought of what happened with the elders of the Children of Israel after Moses? They asked one of their Prophets: “Set up for us a king so that we may fight in the way of Allah.”268 He said: “Would you possibly refrain from fighting if fighting is ordained for you?” They said: “And why would we not fight in the way of Allah when we have been torn from our homes and our children?” But when fighting was ordained for them they turned back, except a few of them. Allah is well aware of the wrong-doers.


Notes

267. ‘Goodly loan’ signifies whatever one gives to another person selflessly, and from absolutely pure motives. God describes whatever man spends in this manner as a loan made to none other than Him, and He undertakes to repay that loan and to repay it several-fold. The stipulation, however. is that the loan should be a ‘goodly’ one; that is, it should not he tainted with selfish designs and should be given for the sake of God, to be spent for purposes pleasing to Him 

They said: ‘And why would we not fight in the way of Allah when we have been torn from our homes and our children?’ But when fighting was ordained for them they turned back, except a few of them. Allah is well aware of the wrong-doers.

268. This took place about a thousand years before Christ. At that time the Israelites were persecuted by the Amalekites who had deprived them of the greater part of Palestine. The Prophet Samuel, who was then ruling over the Israelites, was old. The elders of Israel, therefore, felt the need to appoint as their head someone else under whose leadership they could wage wars. By that time, however, the Israelites had become so deeply infected with Ignorance, and the customs and practices of non-Muslim nations had made such inroads into their lives that the distinction between a religious state committed to serving God and secular monarchy was lost on them. They consequently asked God to appoint a king rather than a religious ruler (khalifah) over them. The information contained in the Bible is as follows: 

Samuel judged Israel all the days of his life. . . . Then all the elders of Israel gathered together and came to Samuel at Ramah, and said to him, ‘Behold, you are old and your sons do not walk in your ways; now appoint for us a king to govern us like all the nations.’ But the thing displeased Samuel when they said, ‘Give us a king to govern us’. And Samuel prayed to the Lord. And the Lord said to Samuel, ‘Hearken to the voice of the people in what they say to you, for they have not rejected you, but they have rejected me from being king over them. According to all the deeds which they have done to me, from the day I brought them up out of Egypt even to this day, forsaking me and serving other gods, so they are also doing to you . . . ‘ So Samuel told all the words of the Lord to the people who were asking a king for him. He said, ‘These will be the ways of the king who will reign over you; he will take your sons and appoint them to his chariots and to be his horsemen, and to run before his chariots. And he will appoint for himself commanders of thousands and commanders of fifties, and some to plough his ground and to reap his harvest, and to make the implements of war and the equipments of his chariots. He will take your daughters to be perfumers and cooks and bakers. He will take the best of your fields and vineyards and olive orchards and give them to his servants. He will take the tenth of your grain and your vineyards and give it to his officers and to his servants. He will take you men-servants and maid-servants, and the best of your cattle and asses, and put them to his work. He will take the tenth of your flocks, and you shall be his slaves. And on that day you will cry out because of your king, whom you have chosen for yourselves, but the Lord will not answer you in that day.’ But the people refused to listen to the voice of Samuel, and they said. ‘No! But we will have a king over us, that we also may be like all the nations, and that our king may govern us and go out before us and fight our battles.’ And when Samuel had heard all the words of the people, he repeated them in the ears of the Lord. And the Lord said to Samuel, ‘Hearken to their voice, and make them a king.’ Samuel then said to the men of Israel, ‘Go every man to his city.’ (1 Samuel 7: 15; 8: 4-22.) 

And Samuel said to the people ? ‘And when you saw that Nahash the king of Ammonites came against you, You said to me, No, but a king shall reign over us, when the Lord your God was your king. And now behold the king whom you have chosen, for whom you have asked; behold, the Lord has set a king over you. If you will fear the Lord and serve him and hearken to his voice and not rebel against the commandment of the Lord, and if both you and the king who reigns over you will follow the Lord your God, it will be well; but if you will not hearken to the voice of the Lord, but rebel against the commandment of the Lord, then the hand of the Lord will be against you and your king. Now therefore stand still and see this great thing, which the Lord will do before your eyes. Is it not wheat harvest today? I will call upon the Lord, that he may send thunder and rain; and you shall know and see that your wickedness is great, which you have done in the sight of the Lord, in asking for yourselves a king.’ So Samuel called upon the Lord, and the Lord sent thunder and rain that day; and all the people greatly feared the Lord and Samuel. And all the people said to Samuel, ‘Pray for your servants to the Lord your God, that we may not die, for we have added to all our sins this evil, to ask for a king.’ And Samuel said to the people, ‘Fear not; you have done all this evil, yet do not turn aside front following the Lord, but serve the Lord with all your heart, and do not turn aside after vain things which cannot profit or save, for they are vain. For the Lord will not cast away his people, for his great name’s sake, because it has pleased the Lord to make you a people for himself. Moreover as for me, far be it from me that I should sin against the Lord by ceasing to pray for you; and I will instruct you in the good and right way?’ (1 Samuel 12: 6-23). 

These statements from Samuel make it clear that the demand to appoint a king was disagreeable to God and to His Prophet. It might be asked, however, why the Qur’an does not contain any denunciation of this demand of the elders of Israel. The reason is that to the purpose for which this incident has been cited the appropriateness and otherwise of the demand is irrelevant. The purpose here is to show the extent to which cowardice and self-indulgence had become part of Israelite life, and to show how the lack of moral restraint had come to characterize their conduct. It is these which ultimately led to their decline. The aim of the Qur’anic narrative is to enable Muslims to derive a lesson from this and to ensure that these weaknesses do not creep into their own lives.

Surah 2 Al-Baqarah, Ayat 243-244

اَلَمۡ تَرَ اِلَى الَّذِيۡنَ خَرَجُوۡا مِنۡ دِيَارِهِمۡ وَهُمۡ اُلُوۡفٌ حَذَرَ الۡمَوۡتِ فَقَالَ لَهُمُ اللّٰهُ مُوۡتُوۡا ثُمَّ اَحۡيَاھُمۡ​ؕ اِنَّ اللّٰهَ لَذُوۡ فَضۡلٍ عَلَى النَّاسِ وَلٰـكِنَّ اَکۡثَرَ النَّاسِ لَا يَشۡکُرُوۡنَ‏ ﴿2:243﴾ وَقَاتِلُوۡا فِىۡ سَبِيۡلِ اللّٰهِ وَاعۡلَمُوۡٓا اَنَّ اللّٰهَ سَمِيۡعٌ عَلِيۡمٌ‏  ﴿2:244﴾

(2:243) (O Messenger), have you thought of those who went forth from their homes for fear of death even though they were in their thousands?265 Allah said to them: “Die!” Then He restored them to life.266 Indeed Allah is Bounteous to mankind; but most people do not give thanks in return. (2:244) So fight in the Way of Allah and know well that Allah is All-Hearing, All-Knowing. 


Notes

265. Here begins a fresh discourse, in which Muslims are urged to struggle and make financial sacrifices for God’s cause. Moreover, they have been warned to avoid those forms of corruption which eventually led the Children of Israel into decline and degeneration. In order to appreciate this discourse it should be borne in mind that it was revealed when the Muslims had been driven out of Makka and had lived in Madina for year and a half. Exasperated by the wrongs to which the unbelievers subjected them, the Muslims had again and again asked the Prophet to permit them to fight. But when they were at long last asked to fight, some of them showed a degree of reluctance and disinclination see (verse 216 )above. Their attention is now drawn, therefore, to two incidents in the history of the Israelites from which the may learn their lesson. 

266. This refers to the exodus of the Israelites. Surah 5 see( verse 20 ff) ) gives some details of this incident. The Israelites had left Egypt in large numbers and were wandering in the desert, eager to find a home. But when at God’s command Moses ordered them to drive the Canaanites out of Palestine and conquer that land, they showed cowardice and refused to proceed. Eventually God let them wander about for forty years till one full generation of Israelites had died and been replaced by a new one reared in the tough conditions of desert life. It was only, then that God enabled the Israelites to overcome the Canaanites. Their former condition is described as death, whereas the later development is seen as their restoration to life.

Surah 2 Al-Baqarah, Ayat 240-242

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,.

Surah 2 Al-Baqarah, Ayat 238-239

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’.

Surah 2 Al-Baqarah, Ayat 236-237

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.

Surah 2 Al-Baqarah, Ayat 235-235

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

Surah 2 Al-Baqarah, Ayat 233-234

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.)

Surah 2 Al-Baqarah, Ayat 232-232

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.

Surah 2 Al-Baqarah, Ayat 231-231

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.

Surah 2 Al-Baqarah, Ayat 229-230

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.)

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