2. Al-Baqara

O Muslims Do not marry idolatresses disbelievers until they believe; a believing slavegirl is better than an idolatress who may be a free woman; this was revealed as a rebuttal of the idea that it was shameful to marry a slavegirl and that it was better to marry an idolatress free woman; though you may admire her because of her beauty and wealth this provision excludes the womenfolk of the People of the Scripture as indicated by the verse Q. 55 lawful to you are the chaste women among those who were given the Scripture. And do not marry off believing women to idolaters until they believe. A believing slave is better than an idolater though you may admire him for his wealth and good looks. Those the people of idolatry call to the Fire because they invite one to perform deeds that merit this and for this reason one should not marry with them; and God calls through the voice of His prophets to Paradise and pardon that is to the deeds that merit these two by His leave by His will so that His call may be heeded by marrying with His friends; and He makes clear His signs to the people so that they might remember that they might be admonished.

They will ask you about the monthly period that is menstruation and the spot in which it occurs and how should one treat women during it. Say ‘It is an ailment filth or the place whence it issues is so; so part with women refrain from sexual intercourse with them in the monthly period in this time or in the part affected; and do not approach them for sexual intercourse until they are pure yathurna or yattahharna the original tā’ of yatatahharna has been assimilated with the tā’ that is until they have cleansed themselves after its cessation; when they have cleansed themselves then come to them in sexual intercourse as God has commanded you’ by avoiding it the female organ during menstruation and not resorting to any other part. Truly God loves that is He rewards and honours those who repent of sins and He loves those who cleanse themselves from impurities.

Do not make God by swearing in His Name a hindrance a cause of impediment in your oaths that is setting up such impediments by swearing in His Name frequently so as not to be pious and God-fearing; in such instances oaths are hateful and result in perjury which requires a redemption effected by doing the opposite of the oath such as performing righteous deeds and so forth which constitute an act of obedience; and to put things right between people this means do not be prevented from doing righteous deeds as mentioned just because you swore against them; nay do them and make redemption; this understanding of the verse is justified by the reason for its revelation namely their refraining from such deeds; surely God is All-Hearing of what you say Knower of your circumstances.

God will not take you to task for a slip that results in your oaths which is what the tongue utters spontaneously and unintentionally such as ‘By God’ ‘Indeed by God’ in such instances there is no sin and no redemption required; but He will take you to task for what your hearts have earned what their intention is when you commit perjury in your oaths; and God is Forgiving of slips in your oaths Forbearing since He delays the punishment of the one deserving it.

For those who forswear their women by swearing that they will not have sexual intercourse with them a wait of four months; if they revert back from the oath or repeal it and resume sexual relations God is Forgiving of the harm they caused their women by swearing Merciful to them.

But if they resolve upon divorce by not repealing it then let them go through with it; surely God is Hearing of what they say; Knowing of their resolve meaning that after the waiting period mentioned they can only revert or divorce.

Divorced women shall wait by themselves before remarrying for three periods qurū’in is the plural of qar’ of purity or menstruation — these are two different opinions — which begin from the moment of divorce. This stipulation applies to those who have been sexually penetrated but not to those otherwise on account of His saying there shall be no waiting period for you to reckon against them Q. 3349. The waiting period for immature or menopausal women is three months; pregnant women on the other hand must wait until they give birth as stated in the sūrat al-Talāq Q. 654 while slavegirls must wait two months according to the Sunna. And it is not lawful for them to hide what God has created in their wombs of child or menstruation if they believe in God and the Last Day. Their mates their spouses have a better right to restore them to bring them back even if they refuse in such time that is during the waiting period if they desire to set things right between them and put pressure on the woman to return; the statement is not a condition for the possibility of return but an incitement to set things right in the case of repealed divorce; the term ahaqq ‘better right to’ does not denote any priority since in any case no other person has the right to marry them during their waiting period; women shall have rights due from their spouses similar to those rights due from them with justice as stipulated by the Law in the way of kind conjugality and not being harmed; but their men have a degree above them in rights as in their duty to obey their husbands because of their the husbands’ payment of a dowry and their husbands being the bread-winners; God is Mighty in His Kingdom Wise in what He has ordained for His creatures.

Divorce that is repudiation of the type that may be revoked is twice; then honourable retention that is to say you are then obliged to revert to them to retain them without harming them; or setting them free kindly. It is not lawful for you O male spouses to take of what you have given them of dowry if you divorce them unless the married couple fear that they may not maintain God’s bounds that is to say that they will not honour the rights God has established for them a variant reading for yakhāfā ‘they dual form fear’ has yukhāfā with the direct object taking the accusative ending; allā yuqīmā is an inclusive substitution for the person governing the verb; both verbs are also read in the second person sc. takhāfā ‘you fear’ tuqīmā ‘you maintain’. If you fear they may not maintain God’s bounds neither of them would be at fault if she were to ransom herself of some money so that he should divorce her. In other words in this instance there is no culpability either for the man should he take of the dowry or for the woman should she offer of it. Those prescriptions mentioned are God’s bounds; do not transgress them. Whoever transgresses God’s bounds — those are the evildoers.

If he the husband divorces her after the two utterances of divorce; she shall not be lawful to him after that after the third utterance of divorce until she marries another husband who has sexual intercourse with her as reported by the two Shaykhs Bukhārī and Muslim. If he the second husband divorces her then neither of them would be at fault that is the woman and her first husband to return to each other in wedlock after the completion of the waiting period if they think that they will maintain God’s bounds. Those matters mentioned are God’s bounds which He makes clear to a people who have knowledge a people who reflect.