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I.e., during this period of grace.
This ruling is called ilâ'. Ilâ' means that a husband vows not to be intimate with his wife because of a dispute or any other legitimate reason. The verse here says if it is four months or less and the husband keeps his vow, then he does not have to make up for breaking his vow (by feeding ten poor people, or fasting three days), otherwise he will need to make up for breaking his vow. If the vow is made for over four months, the wife has the right to seek divorce after four months. Ilâ' should be avoided altogether since it deprives the wife of her right to sexual satisfaction. Instead, counselling is a better alternative at the time of dispute.
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Verses 225-27 should be read together with verse 224. The latter, though it is perfectly general, leads up to the other three.
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Lit., "by themselves".
The primary purpose of this waiting-period is the ascertainment of possible pregnancy, and thus of the parentage of the as yet unborn child. In addition, the couple are to be given an opportunity to reconsider their decision and possibly to resume the marriage. See also 65:1 and the corresponding note [2].
A divorced wife has the right to refuse a resumption of marital relations even if the husband expresses, before the expiry of the waiting-period, his willingness to have the provisional divorce rescinded; but since it is the husband who is responsible for the maintenance of the family, the first option to rescind a provisional divorce rests with him.
This could mean “pregnancy” or “accurate information about monthly cycles.”
Islam tries to maintain the married state as far as possible, especially where children are concerned, but it is against the restriction of the liberty of men and women in such vitally important matters as love and family life. It will check hasty action as far as possible and leave the door to reconciliation open at many stages. Even after divorce a suggestion of reconciliation is made, subject to certain precautions (mentioned in the following verses) against thoughtless action. A period of waiting (iddat) for three monthly courses is prescribed, in order to see if the marriage conditionally dissolved is likely to result in issue. But this is not necessary where the divorced woman is a virgin: Q. xxxiii. 49. It is definitely declared that women and men shall have similar rights against each other.
The difference in economic position between the sexes makes the man's rights and liabilities a little greater than the woman's Q. iv. 34 refers to the duty of the man to maintain the woman, and to a certain difference in nature between the sexes. Subject to this, the sexes are on terms of equality in law, and in certain matters the weaker sex is entitled to special protection.
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Lit., "whereupon either retention in fairness or release in a goodly manner". In other words, a third pronouncement of divorce makes it final and irrevocable.
All authorities agree in that this verse relates to the unconditional right on the part of the wife to obtain a divorce from her husband; such a dissolution of marriage at the wife's instance is called khul'. There exist a number of highly-authenticated Traditions to the effect that the wife of Thabit ibn Qays, Jamilah, came to the Prophet and demanded a divorce from her husband on the ground that, in spite of his irreproachable character and behaviour, she "disliked him as she would dislike falling into unbelief after having accepted Islam". Thereupon the Prophet ordained that she should return to Thabit the garden which he has given her as her dower (mahr) at the time of their wedding, and decreed that the marriage should be dissolved. (Several variants of this Tradition have been recorded by Bukhari, Nasa'i, Tirmidhi, Ibn Majah and Bayhaqi, on the authority of Ibn 'Abbas.) Similar Traditions, handed down on the authority of 'A'ishah and relating to a woman called Hubaybah bint Sahl, are to be found in the Muwatta' of Imam Malik, in the Musnad of Imam Ahmad, and in the compilations of Nasa'i and Abu Da'ud (in one variant, the latter gives the woman's name as Hafsah bint Sahl). In accordance with these Traditions, Islamic Law stipulates that whenever a marriage is dissolved at the wife's instance without any offence on the part of the husband against his marital obligations, the wife is the contract-breaking party and must, therefore, return the dower which she received from him at the time of concluding the marriage: and in this event "there shall be no sin upon either of them" if the husband takes back the dower which the wife gives up of her own free will. An exhaustive discussion of all these Traditions and their legal implications is found in Nayl al-Awtar VII, pp. 34-41. For a summary of the relevant views of the various schools of Islamic jurisprudence, see Bidayat al-Mujtahid II, pp. 54-57.
A husband may separate from his wife after each of the first two counts of divorce or at the end of her waiting period (see 65:1-5) with dignity. If he chooses to stay with her after the first two counts of divorce then divorces her a third time, the marriage is terminated at the end of her third waiting period. The wife will have to marry and divorce another man before she can be remarried to her ex-husband (see 2:230). However, a woman marrying someone with the intention of getting divorced, in order to return to her first husband, is forbidden.
The “limits of Allah” implies fidelity to one’s spouse according to Allah’s commands.
If the wife does not want to continue in the marriage for legitimate reasons, then she can return the dowry (mahr) to the husband in compensation for divorce. This ruling is called khul’.
Where divorce for mutual incompatibility is allowed, there is danger that the parties might act hastily, then repent, and again wish to separate. To prevent such caprisious action repeatedly, a limit is prescribed. Two divorces (with a reconciliation between) are allowed. After that the parties must definitely make up their minds, either to dissolve their union permanently, or to live honourable lives together in mutual love and forbearance - to "hold together on equitable terms," neither party worrying the other nor grumbling or evading the duties and responsibilities of marriage.
If a separation is inevitable, the parties should not throw mud at each other, but recognise what is right and honourable on a consideration of all the circumstances. In any case a man is not allowed to ask back for any gifts or property he may have given to the wife. This is for the protection of the economically weaker sex. Lest that protective provision itself work against the woman's freedom, an exception is made in the next clause.
All the prohibitions and limits prescribed here are in the interest of good and honourable lives for both sides, and in the interests of a clean and honourable social life, without public or private scandals. If there is any fear that in safeguarding her economic rights, her very freedom of person may suffer, the husband refusing the dissolution of marriage, and perhaps treating her with cruelty, then, in such exceptional cases, it is permissible to give some material consideration to the husband, but the need and equity of this should be submitted to the judgment of impartial judges, i.e., properly constituted courts. A divorce of this kind is called khula.
Wrong (themselves as well as others): Zalimun: for the root meaning of zulm see n. 51. ii. 35.
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This is in continuation of the first sentence of ii. 229. Two divorces followed by re-union are permissible; the third time the divorce becomes irrevocable, until the woman marries some other man and he divorces her. This is to set an almost impossible condition. The lesson is: if a man loves a woman he should not allow a sudden gust of temper or anger to induce him to take hasty action. What happens after two divorces, if the man takes her back? See n. 261 to ii. 231.
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“Wisdom” means the “sunnah” or the tradition of the Prophet (ﷺ) when it is mentioned along with the Book (i.e., the Quran).
If the man takes back his wife after two divorces, he must do so only on equitable terms, i.e., he must not put pressure on the woman to prejudice her rights in any way, and they must live clean and honourable lives, respecting each other's personalities. There are here two conditional clauses: (1) when ye divorce women, and (2) when they fulfil their Iddat: followed by two consequential clauses, (3) take them back on equitable terms, or (4) set them free with kindness. The first is connected with the third and the second with the fourth. Therefore if the husband wishes to resume the marital relations, he need not wait for Iddat. But if he does not so wish, she is free to marry someone else after Iddat. For the meaning of Iddat see n. 254 above.
Let no one think that the liberty given to him can be used for his own selfish ends. If he uses the law for the injury of the weaker party, his own moral and spiritual nature suffers.
These difficult questions of sex relations are often treated as a joke. But they profoundly affect our individual lives, the lives of our children, and the purity and well-being of the society in which we live. This aspect of the question is reiterated again and again.
Rehearse: zikr. Cf. ii. 151 and n. 156. We are asked to remember in our own minds, and to proclaim and praise, and be proud of God's favours on us. His favours are immeasurable; not the least are His Revelations, and the wisdom which He has given to us to enable us to judge and act up to His guidance.
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The termination of a marriage bond is a most serious matter for family and social life. And every lawful divorce is approved which can equitably bring back those who have lived together, provided only there is mutual love and they can live on honourable terms with each other. If these conditions are fulfilled, it is not right for outsiders to prevent or hinder re-union. They may be swayed by property or other considerations. This verse was occasioned by an actual case that was referred to the holy Apostle in his life-time.
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Most of the commentators understand the word fisal as being synonymous with "weaning" (i.e., before the end of the maximum period of two years). Abu Muslim, however, is of the opinion that it stands here for "separation" - i.e., of the child from its mother (Razi). It appears to me that this is the better of the two interpretations inasmuch as it provides a solution for cases in which both parents agree that, for some reason or other, it would not be fair to burden the divorced mother with the upbringing of the child despite the father's obligation to support them materially, while, on the other hand, it would not be feasible for the father to undertake this duty single-handed.
Lit., "provided you make safe [or "provided you surrender"] in a fair manner that which you are handing over". While it cannot be denied that the verb sallamahu can mean "he surrendered it" as well as "he made it safe", it seems to me that the latter meaning (which is the primary one) is preferable in this context since it implies the necessity of assuring the child's future safety and well-being. (The commentators who take the verb sallamtum in the sense of "you surrender" interpret the phrase idha sallamtum ma ataytum bi'l-ma'ruf as meaning "provided you hand over the agreed-upon [wages to the foster-mothers] in a fair manner" - which, to my mind, unduly limits the purport of the above injunction.)
As this comes in the midst of the regulations on divorce, it applies primarily to cases of divorce, where some definite rule is necessary, as the father and mother would not, on account of the divorce, probably be on good terms, and the interests of the children must be safeguarded. As, however, the wording is perfectly general, it has been held that the principle applies equally to the father and mother in wedlock: each must fulfil his or her part in the fostering of the child. On the other hand, it is provided that the child shall not be used as an excuse for driving a hard bargain on either side. By mutual consent they can agree to some source that is reasonable and equitable, both as regards the period before weaning (the maximum being two years) and the engagement of a wet-nurse, or (by analogy) for artificial feeding. But the mother's privileges must not be curtailed simply because by mutual consent she does not nurse the baby. In a matter of this kind the ultimate appeal must be to godliness, for all legal remedies are imperfect and may be misused.
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Lit., "by themselves".
Lit., "you will incur no sin". Since, obviously, the whole community is addressed here (Zamakhshari), the rendering "there shall be no sin" would seem appropriate.
i.e., the guardians.
The 'Iddat of widowhood (four months and ten days) is longer than the 'Iddat of divorce (three monthly courses, ii. 228). In the latter the only consideration is to ascertain if there is any unborn issues of the marriage dissolved. This is clear from xxxiii. 49, where it is laid down that there is no 'Iddat for virgin divorces. In the former there is in addition the consideration of mourning and respect for the deceased husband. In either case, if it is proved that there is unborn issue, there is of course no question of remarriage for the woman until it is born and for a reasonable time afterwards. Meanwhile here maintenance on a reasonable scale is chargeable to the late husband or his estate.
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Lit., "if you conceal [such an intention] within yourselves: [for] God knows that you will mention [it] to them". In classical Arabic usage, the expression dhakaraha ("he mentioned [it] to her") is often idiomatically synonymous with "he demanded her in marriage" (see Lane III, 969). The above passage relates to a marriage-offer - or to an intention of making such an offer - to a newly-widowed or divorced woman before the expiry of the prescribed waiting-term.
During their waiting periods.
A definite contract of remarriage for the woman during her period of 'Iddat of widowhood is forbidden as obviously unseemly, as also any secrecy in such matters. It would bind the woman at a time when she is not fitted to exercise her fullest judgment. But circumstances may arise when an offer (open for future consideration but not immediately decided) may be to her interests, and this is permissible. In mystic interpretation the cherishing of love in one's heart without outward show or reward is the true test of sincerity and devotion.
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The term faridah denotes the dower (often also called mahr) which must be agreed upon by bridegroom and bride before the conclusion of the marriage-tie. While the amount of this dower is left to the discretion of the two contracting parties (and may even consist of no more than a token gift), its stipulation is an essential part of an Islamic marriage contract. For exceptions from this rule, see 33:50 and the corresponding note [58].
Lit., "upon the doers of good" - i.e., all who are determined to act in accordance with God's will.
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According to some of the most prominent Companions of the Prophet (e.g., 'Ali) and their immediate successors (e.g., Sa'id ibn al-Musayyab and Sa'id ibn Jubayr), this term denotes the husband (cf. Tabari, Zamakhshari, Baghawi, Razi and Ibn Kathir).
The law declares that in such a case half the dower fixed shall be paid by the man to the woman. But it is open to the woman to remit the half due to her or to the man to remit the half which he is entitled to deduct, and thus pay the whole.
Him in whose hands is the marriage tie: According to Hanafi doctrine this is the husband himself, who can ordinarily by his act dissolve the marriage. It therefore behooves him to be all the more liberal to the woman and pay her the full dower even if the marriage was not consummated.
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Lit., "the midmost [or "the most excellent"] prayer". It is generally assumed that this refers to the mid-afternoon ('asr) prayer, although some authorities believe that it denotes the prayer at dawn (fajr). Muhammad 'Abduh, however, advances the view that it may mean "the noblest kind of prayer - that is, a prayer from the fullness of the heart, with the whole mind turned towards God, inspired by awe of Him, and reflecting upon His word" (Manar II, 438). - In accordance with the system prevailing throughout the Qur'an, any lengthy section dealing with social laws is almost invariably followed by a call to God-consciousness: and since God-consciousness comes most fully to its own in prayer, this and the next verse are interpolated here between injunctions relating to marital life and divorce.
As mentioned in several authentic sayings of Prophet Muḥammad (ﷺ), the middle prayer is the afternoon prayer, ’Aṣr.
The Middle Prayer: Salutul-wusta: may be translated "the best or the most excellent prayer." Authorities differ as to the exact meaning of this phrase. The weight of authorities seems to be in favour of interpreting this as the 'Asr prayer in the middle of the afternoon. This is apt to be most neglected, and yet this is the most necessary, to remind us of God in the midst of our worldly affairs. There is special Sura, entitled 'Asr, of which the mystic meaning is appropriately dealt with under that Sura.
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This relates to any dangerous situation - for instance, in war - where remaining for any length of time at one place would only increase the peril: in such an event, the obligatory prayers may be offered in any way that is feasible, even without consideration of the qiblah.
Verses 238-39 are parenthetical, introducing the subject of prayer in danger. This is more fully dealt with in iv. 101-03.
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Lit., "[it is] a bequest to their wives [of] one year's maintenance without being dislodged". (As regards the justification of the rendering adopted by me, see Manar II, 446 ff.). The question of a widow's residence in her dead husband's house arises, of course, only in the event that it has not been bequeathed to her outright under the provisions stipulated in 4:12 .
For instance, by remarrying - in which case they forgo their claim to additional maintenance during the remainder of the year. Regarding the phrase "there shall be no sin", see note [222] above.
This ruling was later replaced by the ruling in 2:234.
Opinions differ whether the provision (of a year's maintenance, with residence) for a widow is abrogated by the share which the widow gets (one-eighth or one- fourth) as an heir (Q.iv.12). I do not think it is. The bequest (where made) takes effect as a charge on the property, but the widow can leave the house before the year is out, and presumably the maintenance then ceases.
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