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2. Al-Baqara

The Cow · Medinan · 286 ayahs

سُورَةُ البَقَرَةِ

Reading Tafsir Ibn Kathir by Hafiz Ibn Kathir

Ayahs 231–240 of 286

231

وَإِذَا طَلَّقْتُمُ ٱلنِّسَآءَ فَبَلَغْنَ أَجَلَهُنَّ فَأَمْسِكُوهُنَّ بِمَعْرُوفٍ أَوْ سَرِّحُوهُنَّ بِمَعْرُوفٍۢ ۚ وَلَا تُمْسِكُوهُنَّ ضِرَارًۭا لِّتَعْتَدُوا۟ ۚ وَمَن يَفْعَلْ ذَٰلِكَ فَقَدْ ظَلَمَ نَفْسَهُۥ ۚ وَلَا تَتَّخِذُوٓا۟ ءَايَٰتِ ٱللَّهِ هُزُوًۭا ۚ وَٱذْكُرُوا۟ نِعْمَتَ ٱللَّهِ عَلَيْكُمْ وَمَآ أَنزَلَ عَلَيْكُم مِّنَ ٱلْكِتَٰبِ وَٱلْحِكْمَةِ يَعِظُكُم بِهِۦ ۚ وَٱتَّقُوا۟ ٱللَّهَ وَٱعْلَمُوٓا۟ أَنَّ ٱللَّهَ بِكُلِّ شَىْءٍ عَلِيمٌۭ

And when you divorce women and they have [nearly] fulfilled their term, either retain them according to acceptable terms or release them according to acceptable terms, and do not keep them, intending harm, to transgress [against them]. And whoever does that has certainly wronged himself. And do not take the verses of Allah in jest. And remember the favor of Allah upon you and what has been revealed to you of the Book and wisdom by which He instructs you. And fear Allah and know that Allah is Knowing of all things.

And when you have divorced women and they have fulfilled the term of their prescribed period, either take them back on a reasonable basis or set them free on a reasonable basis. But do not take them back to hurt them, and whoever does that, then he has wronged himself. And treat not the verses (Laws) of Allah in jest, but remember Allah's favors on you (i.e., Islam), and that which He has sent down to you of the Book (i.e., the Qur'an) and Al-Hikmah (the Prophet's Sunnah ـ legal ways ـ Islamic jurisprudence) whereby He instructs you. And fear Allah, and know that Allah is All-Aware of everything (231)

Being Kind to the Divorced Wife

This is a command from Allah to men that when one of them divorces his wife with a reversible divorce, he should treat her kindly. So when her term of 'Iddah (waiting period) nears its end, he either takes her back in a way that is better, including having witnesses that he has taken her back, and he lives with her with kindness. Or, he should release her after her 'Iddah finishes and then kindly asks her to depart from his house, without disputing, fighting with her or using foul words. Allah then said:

وَلَا تُمْسِكُوهُنَّ ضِرَارًا لِّتَعْتَدُوا

(But do not take them back to hurt them,)

Ibn 'Abbas, Mujahid, Masruq, Al-Hasan, Qatadah, Ad-Dahhak, Ar-Rabi' and Muqatil bin Hayyan said that a man used to divorce his wife, and when her 'Iddah came near its end, he would take her back to harm her and to stop her from marrying someone else. He then divorced her and she would begin her 'Iddah and when her 'Iddah term neared its end, he would take her back again, so that the term of 'Iddah would be prolonged for her. After that, Allah prohibited this practice. Allah has also threatened those who indulge in such practices, when He said;

وَمَن يَفْعَلْ ذَٰلِكَ فَقَدْ ظَلَمَ نَفْسَهُ

(...and whoever does that, then he has wronged himself.) meaning, by defying Allah's commandments. Allah then said:

وَلَا تَتَّخِذُوا آيَاتِ اللَّهِ هُزُوًا

(And treat not the verses (Laws) of Allah in a jest,)

Ibn Jarir said that Abu Musa (Al-Ash'ari) narrated that Allah's Messenger ﷺ once became angry at the Ash'ari tribe. Abu Musa went to him and said, "O Messenger of Allah! Are you angry with the Ash'ariyyin?" The Prophet ﷺ said:

يَقُولُ أَحَدُكُمْ: قَدْ طَلَّقْتُ، قَدْ رَاجَعْتُ، لَيْسَ هَذَا طَلَاقُ الْمُسْلِمِينَ، طَلِّقُوا الْمَرْأَةَ فِي قُبُلِ عِدَّتِـهَا

(One of you says, 'I divorced her' - then says - 'I took her back!' This is not the appropriate way Muslims conduct divorce. Divorce the woman when she has fulfilled the term of the prescribed period.)

Masruq said that the Ayah refers to the man who harms his wife by divorcing her and then taking her back, so that the 'Iddah term is prolonged for her. Al-Hasan, Qatadah, 'Ata' Al-Khurasani, Ar-Rabi' and Muqatil bin Hayyan said, "He is the man who divorces his wife and says, 'I was joking.' Or he frees a servant or gets married and says, 'I was only joking.' Allah revealed:

وَلَا تَتَّخِذُوا آيَاتِ اللَّهِ هُزُوًا

(And treat not the verses (Laws) of Allah in a jest,)

Then such men were made to bear the consequences of their actions.

Allah then said:

وَاذْكُرُوا …

Al-Baqara 2:231Listen in Qur'an →
232

وَإِذَا طَلَّقْتُمُ ٱلنِّسَآءَ فَبَلَغْنَ أَجَلَهُنَّ فَلَا تَعْضُلُوهُنَّ أَن يَنكِحْنَ أَزْوَٰجَهُنَّ إِذَا تَرَٰضَوْا۟ بَيْنَهُم بِٱلْمَعْرُوفِ ۗ ذَٰلِكَ يُوعَظُ بِهِۦ مَن كَانَ مِنكُمْ يُؤْمِنُ بِٱللَّهِ وَٱلْيَوْمِ ٱلْءَاخِرِ ۗ ذَٰلِكُمْ أَزْكَىٰ لَكُمْ وَأَطْهَرُ ۗ وَٱللَّهُ يَعْلَمُ وَأَنتُمْ لَا تَعْلَمُونَ

And when you divorce women and they have fulfilled their term, do not prevent them from remarrying their [former] husbands if they agree among themselves on an acceptable basis. That is instructed to whoever of you believes in Allah and the Last Day. That is better for you and purer, and Allah knows and you know not.

And when you have divorced women and they have fulfilled the term of their prescribed period, do not prevent them from marrying their (former) husbands, if they mutually agree on reasonable basis. This (instruction) is an admonition for him among you who believes in Allah and the Last Day. That is more virtuous and purer for you. Allah knows and you know not (232)

The Wali (Guardian) of the Divorced Woman should not prevent Her from going back to Her Husband

Ali bin Abu Talhah reported that Ibn 'Abbas said, "This Ayah was revealed about the man who divorces his wife once or twice and her 'Iddah finishes. He later thinks about taking her back in marriage and the woman also wishes that, yet, her family prevents her from remarrying him. Hence, Allah prohibited her family from preventing her." Masruq, Ibrahim An-Nakha'i, Az-Zuhri and Ad-Dahhak stated that this is the reason behind revealing the Ayah (2:232). These statements clearly conform to the apparent meaning of the Ayah.

There is no Marriage without a Wali (for the Woman)

The Ayah (2:232) also indicates that the woman is not permitted to give herself in marriage. Rather, she requires a Wali (guardian such as her father, brother, adult son, and so forth) to give her away in marriage, as Ibn Jarir and At-Tirmidhi have stated when they mentioned this Ayah. Also, a Hadith states that:

لَا تُزَوِّجُ الْمَرْأةُ الْمَرْأَةَ، ولَا تُزَوِّج الْمَرأةُ نَفْسَهَا، فَإِنَّ الزَّانِيَةَ هِيَ الَّتِي تُزَوِّجُ نَفْسَهَا

(The woman does not give another woman away for marriage and the woman does not give herself away in marriage, for only the adulteress gives herself away for marriage.)

Another Hadith states:

لَا نِكَاحَ إلَّا بِوَلِيٍّ مُرْشِدٍ وَشَاهِدَيْ عَدْلٍ

(No marriage is valid except with the participation of a mature Wali and two trustworthy witnesses.)

The Reason behind revealing the Ayah (2:232)

It was reported that this Ayah was revealed about Ma'qil bin Yasar Al-Muzani and his sister. Al-Bukhari reported in his Sahih, when he mentioned the Tafsir of this Ayah (2:232), that the husband of the sister of Ma'qil bin Yasar divorced her. He waited until her 'Iddah finished and then asked to remarry her, but Ma'qil refused. Then, this Ayah was sent down:

فَلَا تَعْضُلُوهُنَّ أَن يَنكِحْنَ أَزْوَاجَهُنَّ

(...do not prevent them from marrying their (former) husbands.)

Abu Dawud, At-Tirmidhi, Ibn Abu Hatim, Ibn Jarir and Ibn Marduwyah and Al-Bayhaqi reported this Hadith from Al-Hasan from Ma'qil bin Yasar. At-Tirmidhi rendered this Hadith authentic and in his narration, Ma'qil bin Yasar gave his sister in marriage for a Muslim man during the time of Allah's Messenger ﷺ. She remained with him for a while and he divorced her once and did not take her back until her 'Iddah finished. They then wanted to get back with each other and he came to ask her for marriage. Ma'qil said to him, "O ungrateful one! I honored you and married her to you but you divorced her. By Allah! She will never be returned to you." But Allah knew his need for his wife and her need for her husband and He revealed:

وَإِذَا طَلَّقْتُمُ النِّسَاءَ فَبَلَغْنَ أَجَلَهُنَّ

(And when you have divorced women and they have …

Al-Baqara 2:232Listen in Qur'an →
233

۞ وَٱلْوَٰلِدَٰتُ يُرْضِعْنَ أَوْلَٰدَهُنَّ حَوْلَيْنِ كَامِلَيْنِ ۖ لِمَنْ أَرَادَ أَن يُتِمَّ ٱلرَّضَاعَةَ ۚ وَعَلَى ٱلْمَوْلُودِ لَهُۥ رِزْقُهُنَّ وَكِسْوَتُهُنَّ بِٱلْمَعْرُوفِ ۚ لَا تُكَلَّفُ نَفْسٌ إِلَّا وُسْعَهَا ۚ لَا تُضَآرَّ وَٰلِدَةٌۢ بِوَلَدِهَا وَلَا مَوْلُودٌۭ لَّهُۥ بِوَلَدِهِۦ ۚ وَعَلَى ٱلْوَارِثِ مِثْلُ ذَٰلِكَ ۗ فَإِنْ أَرَادَا فِصَالًا عَن تَرَاضٍۢ مِّنْهُمَا وَتَشَاوُرٍۢ فَلَا جُنَاحَ عَلَيْهِمَا ۗ وَإِنْ أَرَدتُّمْ أَن تَسْتَرْضِعُوٓا۟ أَوْلَٰدَكُمْ فَلَا جُنَاحَ عَلَيْكُمْ إِذَا سَلَّمْتُم مَّآ ءَاتَيْتُم بِٱلْمَعْرُوفِ ۗ وَٱتَّقُوا۟ ٱللَّهَ وَٱعْلَمُوٓا۟ أَنَّ ٱللَّهَ بِمَا تَعْمَلُونَ بَصِيرٌۭ

Mothers may breastfeed their children two complete years for whoever wishes to complete the nursing [period]. Upon the father is the mothers' provision and their clothing according to what is acceptable. No person is charged with more than his capacity. No mother should be harmed through her child, and no father through his child. And upon the [father's] heir is [a duty] like that [of the father]. And if they both desire weaning through mutual consent from both of them and consultation, there is no blame upon either of them. And if you wish to have your children nursed by a substitute, there is no blame upon you as long as you give payment according to what is acceptable. And fear Allah and know that Allah is Seeing of what you do.

The mothers should suckle their children for two whole years, (that is) for those (parents) who desire to complete the term of suckling, but the father of the child shall bear the cost of the mother's food and clothing on a reasonable basis. No person shall have a burden laid on him greater than he can bear. No mother shall be treated unfairly on account of her child, nor father on account of his child. And on the (father's) heir is incumbent the like of that (which was incumbent on the father). If they both decide on weaning, by mutual consent, and after due consultation, there is no sin on them. And if you decide on a foster suckling-mother for your children, there is no sin on you, provided you pay (the mother) what you agreed (to give her) on a reasonable basis. And fear Allah and know that Allah is All-Seer of what you do (233)

The Suckling Period is only Two Years

This is a direction from Allah to the mothers to suckle their infants through the complete term of suckling, which is two years. Hence, suckling after two years is not included in this address. Allah said:

لِمَنْ أَرَادَ أَن يُتِمَّ الرَّضَاعَةَ

(...who desire to complete the term of suckling,)

Therefore, the suckling that establishes Tahrim (prohibition, i.e., one cannot marry his mother or sister from suckling) is what occurs before the two years end. If the infant is suckled only after two years of age, then no Tahrim will be established. At-Tirmidhi under Chapter: 'Suckling establishes Tahrim within the first two years,' reported that Umm Salamah narrated that Allah's Messenger ﷺ said:

لَا يَحْرُمُ مِنَ الرَّضَاعِ إِلَّا مَا فَتَقَ الْأَمْعَاءَ فِي الثَّدْيِ وَكَانَ قَبْلَ الْفِطَامِ

(Suckling establishes Tahrim if it is on the breast and before Fitam (before weaning, i.e., before the end of the first two years).)

At-Tirmidhi said, "This Hadith is Hasan Sahih. The majority of the people of knowledge among the Companions of Allah's Messenger ﷺ and others acted upon this, that is that suckling establishes Tahrim (prohibition in marriage) before the end of the two years and that whatever occurs after that does not establish Tahrim". At-Tirmidhi is alone in recording this Hadith and the narrators in its chain meet the criteria of the Sahihayn. The Prophet's statement:

إِلَّا مَا كَانَ فِي الثَّدْي

(On the breast) refers to the organ of suckling before the two years. Imam Ahmad reported a Hadith in which Al-Bara' bin 'Azib narrated, "When Ibrahim, the Prophet's son, died, the Prophet ﷺ said:

إِنَّ ابْنِي مَاتَ فِي الثَّدْيِ، إِنَّ لَهُ مُرْضِعًا فِي الْجَنَّـةِ

(My son has died on the breast and he has someone to suckle him in Paradise.)

Furthermore, Ad-Daraqutni related that Ibn 'Abbas said that Allah's Messenger ﷺ said:

لَا يَحْرُمُ مِنَ الرَّضَاعِ إِلَّا مَا كَانَ فِي الْحَوْلَيْنِ

(Suckling establishes Tahrim only within the (first) two years.)

Imam Malik reported this Hadith from Thawr bin Zayd who narrated that Ibn 'Abbas related it to the Prophet ﷺ. Ad-Darawardi reported this Hadith from Thawr who narrated it from 'Ikrimah who narrated it from Ibn 'Abbas. In this narration, which is more authentic, he added:

وَمَا كَانَ بَعْدَ الْحَوْلَيْنِ فَليْسَ …

Al-Baqara 2:233Listen in Qur'an →
234

وَٱلَّذِينَ يُتَوَفَّوْنَ مِنكُمْ وَيَذَرُونَ أَزْوَٰجًۭا يَتَرَبَّصْنَ بِأَنفُسِهِنَّ أَرْبَعَةَ أَشْهُرٍۢ وَعَشْرًۭا ۖ فَإِذَا بَلَغْنَ أَجَلَهُنَّ فَلَا جُنَاحَ عَلَيْكُمْ فِيمَا فَعَلْنَ فِىٓ أَنفُسِهِنَّ بِٱلْمَعْرُوفِ ۗ وَٱللَّهُ بِمَا تَعْمَلُونَ خَبِيرٌۭ

And those who are taken in death among you and leave wives behind - they, [the wives, shall] wait four months and ten [days]. And when they have fulfilled their term, then there is no blame upon you for what they do with themselves in an acceptable manner. And Allah is [fully] Acquainted with what you do.

And those of you who die and leave wives behind them, they (the wives) shall wait (as regards their marriage) for four months and ten days, then when they have fulfilled their term, there is no sin on you if they (the wives) dispose of themselves in a (just and) honorable manner (i.e., they can marry). And Allah is well-acquainted with what you do (234)

The 'Iddah (Waiting Period) of the Widow

This Ayah contains a command from Allah to the wives whose husbands die, that they should observe a period of 'Iddah of four months and ten nights, including the cases where the marriage was consummated or otherwise, according to the consensus (of the scholars).

The proof that this ruling includes the case where the marriage was not consummated is included in the general meaning of the Ayah. In a narration recorded by Imam Ahmad and the compilers of the Sunan, which At-Tirmidhi graded Sahih, Ibn Mas'ud was asked about a man who married a woman, but he died before consummating the marriage. He also did not appoint a Mahr (dowry) for her. They kept asking Ibn Mas'ud about this subject until he said, "I shall give you my own opinion, and if it is correct then it is from Allah, while if it is wrong it is because of my error and because of (the evil efforts of) Satan. In this case, Allah and His Messenger are innocent of my opinion. She has her full Mahr." In another narration, Ibn Mas'ud said, "She has a similar Mahr to that of the women of her status, without stinginess or extravagance." He then continued, "She has to spend the 'Iddah and has a right to the inheritance." Ma'qil bin Yasar Ashja'i then stood up and said, "I heard Allah's Messenger ﷺ issue a similar judgment for the benefit of Barwa' bint Washiq." 'Abdullah bin Mas'ud became very delighted upon hearing this statement. In another narration, several men from Ashja' (tribe) stood up and said, "We testify that Allah's Messenger ﷺ issued a similar ruling for the benefit of Barwa' bint Washiq."

As for the case of the widow whose husband dies while she is pregnant, her term of 'Iddah ends when she gives birth, even if it occurs an instant (after her husband dies). This ruling is taken from Allah's statement:

وَأُولَاتُ الْأَحْمَالِ أَجَلُهُنَّ أَن يَضَعْنَ حَمْلَهُنَّ

(And for those who are pregnant, their 'Iddah is until they lay down their burden.)(65:4)

There is also a Hadith from Subay'ah Al-Aslamiyah in the Two Sahihs, through various chains of narration. Her husband, Sa'd bin Khawlah, died while she was pregnant and she gave birth only a few nights after his death. When she finished her Nifas (postnatal period), she beautified herself for those who might seek to engage her (for marriage). Then, Abu Sanabil bin Ba'kak came to her and said, "Why do I see you beautified yourself, do you wish to marry? By Allah! You will not marry until the four months and ten nights have passed." Subay'ah said, "When he said that to me, I collected my garments when night fell and went to Allah's Messenger ﷺ and asked him about this matter. He said that my 'Iddah had finished when I gave birth and allowed me to get married if I wished."

The Wisdom behind legislating the 'Iddah

Sa'id bin Musayyib and Abu …

Al-Baqara 2:234Listen in Qur'an →
235

وَلَا جُنَاحَ عَلَيْكُمْ فِيمَا عَرَّضْتُم بِهِۦ مِنْ خِطْبَةِ ٱلنِّسَآءِ أَوْ أَكْنَنتُمْ فِىٓ أَنفُسِكُمْ ۚ عَلِمَ ٱللَّهُ أَنَّكُمْ سَتَذْكُرُونَهُنَّ وَلَٰكِن لَّا تُوَاعِدُوهُنَّ سِرًّا إِلَّآ أَن تَقُولُوا۟ قَوْلًۭا مَّعْرُوفًۭا ۚ وَلَا تَعْزِمُوا۟ عُقْدَةَ ٱلنِّكَاحِ حَتَّىٰ يَبْلُغَ ٱلْكِتَٰبُ أَجَلَهُۥ ۚ وَٱعْلَمُوٓا۟ أَنَّ ٱللَّهَ يَعْلَمُ مَا فِىٓ أَنفُسِكُمْ فَٱحْذَرُوهُ ۚ وَٱعْلَمُوٓا۟ أَنَّ ٱللَّهَ غَفُورٌ حَلِيمٌۭ

There is no blame upon you for that to which you [indirectly] allude concerning a proposal to women or for what you conceal within yourselves. Allah knows that you will have them in mind. But do not promise them secretly except for saying a proper saying. And do not determine to undertake a marriage contract until the decreed period reaches its end. And know that Allah knows what is within yourselves, so beware of Him. And know that Allah is Forgiving and Forbearing.

And there is no sin on you if you make a hint of betrothal or conceal it in yourself, Allah knows that you will remember them, but do not make a promise (of contract) with them in secret except that you speak an honorable saying. And do not be determined on the marriage bond until the term prescribed is fulfilled. And know that Allah knows what is in your minds, so fear Him. And know that Allah is Oft-Forgiving, Most Forbearing (235)

Mentioning Marriage indirectly during the 'Iddah

Allah said:

وَلَا جُنَاحَ عَلَيْكُمْ

(And there is no sin on you) meaning, to indirectly mention marriage to the widow during the term of 'Iddah for her deceased husband. Ath-Thawri, Shu'bah and Jarir stated that Ibn 'Abbas said:

وَلَا جُنَاحَ عَلَيْكُمْ فِيمَا عَرَّضْتُم بِهِ مِنْ خِطْبَةِ النِّسَاءِ

(And there is no sin on you if you make a hint of betrothal) "means saying, 'I want to marry and I am looking for a woman whose qualities are such and such,' thus talking to her in general terms in a way that is better." In another narration (by Ibn 'Abbas), "Saying, 'I wish that Allah endows me with a wife,' but he should not make a direct marriage proposal." Al-Bukhari reported that Ibn 'Abbas said that the Ayah:

وَلَا جُنَاحَ عَلَيْكُمْ فِيمَا عَرَّضْتُم بِهِ مِنْ خِطْبَةِ النِّسَاءِ

(And there is no sin on you if you make a hint of betrothal) means, "The man could say, 'I wish to marry,' 'I desire a wife,' or, 'I wish I could find a good wife'." Mujahid, Tawus, 'Ikrimah, Sa'id bin Jubayr, Ibrahim An-Nakha'i, Ash-Sha'bi, Al-Hasan, Qatadah, Az-Zuhri, Yazid bin Qusayt, Muqatil bin Hayyan and Al-Qasim bin Muhammad and several others among the Salaf and the Imams said that one is allowed to mention marriage indirectly to the woman whose husband died. It is also allowed to indirectly mention marriage to a woman who had gone through final, irrevocable divorce. The Prophet ﷺ ordered Fatimah bint Qays to remain in the house of Ibn Umm Maktum for 'Iddah when her husband Abu 'Amr bin Hafs divorced her for the third time. He said to her:

فَإِذَا حَلَلْتِ فَآذِنِينِي

(Inform me when your 'Iddah term ends.)

When she finished the 'Iddah, Usamah bin Zayd, the Prophet's freed slave asked to marry her, and the Prophet ﷺ married her to him. As for the divorced wife (not irrevocably divorced), there is no disagreement that it is not allowed for other than her husband to mention marriage proposals to her directly or indirectly (before the 'Iddah finishes). Allah knows best.

Allah said:

أَوْ أَكْنَنتُمْ فِي أَنفُسِكُمْ

(...or conceal it in yourself,) meaning, if you hide the intention of seeking marriage with them. Similarly, Allah said:

وَرَبُّكَ يَعْلَمُ مَا تُكِنُّ صُدُورُهُمْ وَمَا يُعْلِنُونَ

(And your Lord knows what their breasts conceal, and what they reveal)(28:69) and:

وَأَنَا أَعْلَمُ بِمَا أَخْفَيْتُمْ وَمَا أَعْلَنتُمْ

(...while I am All-Aware of what you conceal and what you reveal.)(60: 1) So, Allah said here:

عَلِمَ اللَّهُ أَنَّكُمْ سَتَذْكُرُونَهُنَّ

(Allah knows that you will remember them) meaning, in your hearts, so He made it easy for you. Allah then said:

وَلَٰكِن لَّا تُوَاعِدُوهُنَّ سِرًّا

(...but do not make a promise (of contract) with …

Al-Baqara 2:235Listen in Qur'an →
236

لَّا جُنَاحَ عَلَيْكُمْ إِن طَلَّقْتُمُ ٱلنِّسَآءَ مَا لَمْ تَمَسُّوهُنَّ أَوْ تَفْرِضُوا۟ لَهُنَّ فَرِيضَةًۭ ۚ وَمَتِّعُوهُنَّ عَلَى ٱلْمُوسِعِ قَدَرُهُۥ وَعَلَى ٱلْمُقْتِرِ قَدَرُهُۥ مَتَٰعًۢا بِٱلْمَعْرُوفِ ۖ حَقًّا عَلَى ٱلْمُحْسِنِينَ

There is no blame upon you if you divorce women you have not touched nor specified for them an obligation. But give them [a gift of] compensation - the wealthy according to his capability and the poor according to his capability - a provision according to what is acceptable, a duty upon the doers of good.

There is no sin on you, if you divorce women while yet you have not touched them, nor appointed for them their due (dowry). But give them a Mut'ah (a suitable gift, the rich according to his means, and the poor according to his means, a gift of reasonable amount is a duty on the doers of good (236)

Divorce before consummating the Marriage

Allah allowed divorce after the marriage contract and before consummating the marriage. Ibn 'Abbas, Tawus, Ibrahim and Al-Hasan Al-Basri said that 'touched' (mentioned in the Ayah) means sexual intercourse. The husband is allowed to divorce his wife before consummating the marriage or giving the dowry if it was deferred.

The Mut'ah (Gift) at the time of Divorce

Allah commands the husband to give the wife (whom he divorces before consummating the marriage) a gift of a reasonable amount, the rich according to his means and the poor according to his means, to compensate her for her loss. Al-Bukhari reported in his Sahih that Sahl bin Sa'd and Abu Usayd said that Allah's Messenger ﷺ married Umaymah bint Sharahil. When she was brought to the Prophet he extended his hand to her, but she did not like that. The Prophet ﷺ then ordered Abu Usayd to provide provisions for her along with a gift of two garments.

Al-Baqara 2:236Listen in Qur'an →
237

وَإِن طَلَّقْتُمُوهُنَّ مِن قَبْلِ أَن تَمَسُّوهُنَّ وَقَدْ فَرَضْتُمْ لَهُنَّ فَرِيضَةًۭ فَنِصْفُ مَا فَرَضْتُمْ إِلَّآ أَن يَعْفُونَ أَوْ يَعْفُوَا۟ ٱلَّذِى بِيَدِهِۦ عُقْدَةُ ٱلنِّكَاحِ ۚ وَأَن تَعْفُوٓا۟ أَقْرَبُ لِلتَّقْوَىٰ ۚ وَلَا تَنسَوُا۟ ٱلْفَضْلَ بَيْنَكُمْ ۚ إِنَّ ٱللَّهَ بِمَا تَعْمَلُونَ بَصِيرٌ

And if you divorce them before you have touched them and you have already specified for them an obligation, then [give] half of what you specified - unless they forego the right or the one in whose hand is the marriage contract foregoes it. And to forego it is nearer to righteousness. And do not forget graciousness between you. Indeed Allah, of whatever you do, is Seeing.

And if you divorce them before you have touched (had a sexual relation with) them, and you have appointed for them their due (dowry), then pay half of that, unless they (the women) agree to remit it, or he (the husband), in whose hands is the marriage tie, agrees to remit it. And to remit is nearer to At-Taqwa (piety, righteousness). And do not forget liberality between yourselves. Truly, Allah is All-Seer of what you do (237)

The Wife gets half of Her Mahr if She is divorced before the Marriage is consummated

This honorable Ayah is not a continuation of the Mut'ah (gift) that was mentioned in the previous Ayah (i.e., divorce before the marriage is consummated). This Ayah (2:237) requires the husband to relinquish half of the appointed Mahr if he divorces his wife before the marriage is consummated. If it was discussing any other type of gift, then it would have been mentioned that way, especially when this Ayah follows the previous Ayah related to this subject. Allah knows best. Giving away half of the bridal-money in this case is the agreed practice according to the scholars. So, the husband pays half of the appointed Mahr if he divorces his wife before consummating the marriage.

Allah then said:

إِلَّا أَن يَعْفُونَ

(unless they (the women) agree to remit it,) meaning, the wife forfeits the dowry and relieves the husband from further financial responsibility. As-Suddi said that Abu Salih mentioned that Ibn 'Abbas commented on Allah's statement:

إِلَّا أَن يَعْفُونَ

(unless they (the women) agree to remit it,) "Unless the wife forfeits her right."Furthermore, Imam Abu Muhammad bin Abu Hatim said that it was reported that Shurayh, Sa'id bin Musayyib, 'Ikrimah, Mujahid, Ash-Sha'bi, Al-Hasan, Nafi', Qatadah, Jabir bin Zayd, 'Ata' Al-Khurasani, Ad-Dahhak, Az-Zuhri, Muqatil bin Hayyan, Ibn Sirin, Ar-Rabi' bin Anas and As-Suddi said similarly.

Allah then said:

أَوْ يَعْفُوَ الَّذِي بِيَدِهِ عُقْدَةُ النِّكَاحِ

(...or he (the husband), in whose hands is the marriage tie, agrees to remit it.)

Ibn Abu Hatim reported that 'Amr bin Shu'ayb said that his grandfather narrated that the Prophet ﷺ said:

وَلِيُّ عُقْدَةِ النِّكَاحِ الزَّوْجُ

(The husband is he who has the marriage tie.)

Ibn Marduwyah also reported this Hadith, and it is the view chosen by Ibn Jarir. The Hadith states that the husband is the person who really holds the marriage tie in his hand, as it is up to him to go on with the marriage or end it. On the other hand, the Wali of the wife is not allowed to give away any of her rightful dues without her permission, especially the dowry.

Allah then stated:

وَأَن تَعْفُوا أَقْرَبُ لِلتَّقْوَىٰ

(And to remit it is nearer to At-Taqwa (piety, righteousness).)

Ibn Jarir said, "Some scholars said that this statement is directed at both men and women." Ibn 'Abbas said:

وَأَن تَعْفُوا أَقْرَبُ لِلتَّقْوَىٰ

(And to remit it is nearer to At-Taqwa (piety, righteousness).) indicates that the one who forgives, is nearer to At-Taqwa (piety)." A similar statement was made by Ash-Sha'bi and several other scholars.

Mujahid, An-Nakha'i, Ad-Dahhak, Muqatil bin Hayyan, Ar-Rabi' bin Anas and Thawri stated that 'liberality' mentioned in the …

Al-Baqara 2:237Listen in Qur'an →
238

حَٰفِظُوا۟ عَلَى ٱلصَّلَوَٰتِ وَٱلصَّلَوٰةِ ٱلْوُسْطَىٰ وَقُومُوا۟ لِلَّهِ قَٰنِتِينَ

Maintain with care the [obligatory] prayers and [in particular] the middle prayer and stand before Allah, devoutly obedient.

Guard strictly (five obligatory) As-Salawat (the prayers) especially the Middle Salah.And stand before Allah with obedience (238)And if you fear (an enemy), (perform Salah) on foot or riding. And when you are in safety, then remember Allah (pray) in the manner He has taught you, which you knew not (before)(239)

Allah commands that the prayer should be performed properly and on time. It is reported in the Two Sahihs that Ibn Mas'ud said, "I asked the Prophet ﷺ, 'Which deed is the dearest (to Allah)?' He replied:

الصَّلَاةُ عَلى وَقْتِها

(To offer the prayers at their fixed times.) I asked, 'What is the next (in goodness)?' He replied:

الْجِهَادُ فِي سَبِيلِ اللهِ

(To participate in Jihad (religious fighting) in Allah's cause.)" I again asked, 'What is the next (in goodness)?' He replied:

بِرُّ الْوَالِدَيْنِ

(To be good and dutiful to your parents.) 'Abdullah then added, "The Prophet ﷺ told me these words, and had I asked more, the Prophet ﷺ would have told me more."

The Middle Prayer

Furthermore, Allah has specifically mentioned the Middle prayer, which is the 'Asr prayer according to the majority of the scholars among the Companions, as At-Tirmidhi and Al-Baghawi have stated. Al-Qadi Al-Mawardi added that the majority of the scholars of the Tabi'in also held this view. Al-Hafiz Abu 'Umar bin 'Abdul-Barr said that this is also the opinion of the majority of the scholars of the Athar (i.e., the Hadith and the statements of the Salaf).

In addition, Abu Muhammad bin 'Atiyah said that this is the Tafsir (of the Middle prayer) of the majority of scholars. Al-Hafiz Abu Muhammad 'Abdul-Mu'min bin Khalaf Ad-Dumyati stated in his book on the Middle prayer that it is the 'Asr prayer and mentioned that this is the Tafsir of 'Umar, 'Ali, Ibn Mas'ud, Abu Ayyub, 'Abdullah bin 'Amr, Samurah bin Jundub, Abu Hurayrah, Abu Sa'id, Hafsah, Umm Habibah, Umm Salamah, Ibn 'Abbas and 'A'ishah. This is also the Tafsir of 'Ubaydah, Ibrahim An-Nakha'i, Razin, Zirr bin Hubaysh, Sa'id bin Jubayr, Ibn Sirin, Al-Hasan, Qatadah, Ad-Dahhak, Al-Kalbi, Muqatil, 'Ubayd bin Abu Maryam, and others.

The Proof that the 'Asr Prayer is the Middle Prayer

Imam Ahmad reported that 'Ali narrated that Allah's Messenger ﷺ said during the battle of Al-Ahzab (the Confederates):

شَغَلُونَا عَنِ الصَّلَاةِ الْوُسْطَى، صَلَاةِ الْعَصْرِ، مَلَأَ اللهُ قُلُوبَهُم وَبُيُوتَـهم نَارًا

(They (the disbelievers) busied us from performing the Middle prayer, the 'Ar prayer, may Allah fill their hearts and houses with fire.)

He performed the 'Asr prayer between Maghrib and 'Isha'. Muslim and An-Nasa'i recorded this Hadith. In addition, the Two Shaykhs, Abu Dawud, At-Tirmidhi An-Nasa'i and several other collectors of the Sunan recorded this Hadith using different chains of narrators to 'Ali. The Hadith about the battle of Al-Ahzab, when the Mushriks prevented Allah's Messenger ﷺ and his Companions from performing the 'Asr prayer, has been narrated by several other Companions. We only mentioned the narrations that stated that the Middle prayer is the 'Asr prayer. Furthermore, Muslim reported similar wordings for this Hadith from Ibn Mas'ud and Al-Bara' bin 'Azib.

In addition, Imam Ahmad …

Al-Baqara 2:238Listen in Qur'an →
239

فَإِنْ خِفْتُمْ فَرِجَالًا أَوْ رُكْبَانًۭا ۖ فَإِذَآ أَمِنتُمْ فَٱذْكُرُوا۟ ٱللَّهَ كَمَا عَلَّمَكُم مَّا لَمْ تَكُونُوا۟ تَعْلَمُونَ

And if you fear [an enemy, then pray] on foot or riding. But when you are secure, then remember Allah [in prayer], as He has taught you that which you did not [previously] know.

Guard strictly (five obligatory) As-Salawat (the prayers) especially the Middle Salah.And stand before Allah with obedience (238)And if you fear (an enemy), (perform Salah) on foot or riding. And when you are in safety, then remember Allah (pray) in the manner He has taught you, which you knew not (before)(239)

Allah commands that the prayer should be performed properly and on time. It is reported in the Two Sahihs that Ibn Mas'ud said, "I asked the Prophet ﷺ, 'Which deed is the dearest (to Allah)?' He replied:

الصَّلَاةُ عَلى وَقْتِها

(To offer the prayers at their fixed times.) I asked, 'What is the next (in goodness)?' He replied:

الْجِهَادُ فِي سَبِيلِ اللهِ

(To participate in Jihad (religious fighting) in Allah's cause.)" I again asked, 'What is the next (in goodness)?' He replied:

بِرُّ الْوَالِدَيْنِ

(To be good and dutiful to your parents.) 'Abdullah then added, "The Prophet ﷺ told me these words, and had I asked more, the Prophet ﷺ would have told me more."

The Middle Prayer

Furthermore, Allah has specifically mentioned the Middle prayer, which is the 'Asr prayer according to the majority of the scholars among the Companions, as At-Tirmidhi and Al-Baghawi have stated. Al-Qadi Al-Mawardi added that the majority of the scholars of the Tabi'in also held this view. Al-Hafiz Abu 'Umar bin 'Abdul-Barr said that this is also the opinion of the majority of the scholars of the Athar (i.e., the Hadith and the statements of the Salaf).

In addition, Abu Muhammad bin 'Atiyah said that this is the Tafsir (of the Middle prayer) of the majority of scholars. Al-Hafiz Abu Muhammad 'Abdul-Mu'min bin Khalaf Ad-Dumyati stated in his book on the Middle prayer that it is the 'Asr prayer and mentioned that this is the Tafsir of 'Umar, 'Ali, Ibn Mas'ud, Abu Ayyub, 'Abdullah bin 'Amr, Samurah bin Jundub, Abu Hurayrah, Abu Sa'id, Hafsah, Umm Habibah, Umm Salamah, Ibn 'Abbas and 'A'ishah. This is also the Tafsir of 'Ubaydah, Ibrahim An-Nakha'i, Razin, Zirr bin Hubaysh, Sa'id bin Jubayr, Ibn Sirin, Al-Hasan, Qatadah, Ad-Dahhak, Al-Kalbi, Muqatil, 'Ubayd bin Abu Maryam, and others.

The Proof that the 'Asr Prayer is the Middle Prayer

Imam Ahmad reported that 'Ali narrated that Allah's Messenger ﷺ said during the battle of Al-Ahzab (the Confederates):

شَغَلُونَا عَنِ الصَّلَاةِ الْوُسْطَى، صَلَاةِ الْعَصْرِ، مَلَأَ اللهُ قُلُوبَهُم وَبُيُوتَـهم نَارًا

(They (the disbelievers) busied us from performing the Middle prayer, the 'Ar prayer, may Allah fill their hearts and houses with fire.)

He performed the 'Asr prayer between Maghrib and 'Isha'. Muslim and An-Nasa'i recorded this Hadith. In addition, the Two Shaykhs, Abu Dawud, At-Tirmidhi An-Nasa'i and several other collectors of the Sunan recorded this Hadith using different chains of narrators to 'Ali. The Hadith about the battle of Al-Ahzab, when the Mushriks prevented Allah's Messenger ﷺ and his Companions from performing the 'Asr prayer, has been narrated by several other Companions. We only mentioned the narrations that stated that the Middle prayer is the 'Asr prayer. Furthermore, Muslim reported similar wordings for this Hadith from Ibn Mas'ud and Al-Bara' bin 'Azib.

In addition, Imam Ahmad …

Al-Baqara 2:239Listen in Qur'an →
240

وَٱلَّذِينَ يُتَوَفَّوْنَ مِنكُمْ وَيَذَرُونَ أَزْوَٰجًۭا وَصِيَّةًۭ لِّأَزْوَٰجِهِم مَّتَٰعًا إِلَى ٱلْحَوْلِ غَيْرَ إِخْرَاجٍۢ ۚ فَإِنْ خَرَجْنَ فَلَا جُنَاحَ عَلَيْكُمْ فِى مَا فَعَلْنَ فِىٓ أَنفُسِهِنَّ مِن مَّعْرُوفٍۢ ۗ وَٱللَّهُ عَزِيزٌ حَكِيمٌۭ

And those who are taken in death among you and leave wives behind - for their wives is a bequest: maintenance for one year without turning [them] out. But if they leave [of their own accord], then there is no blame upon you for what they do with themselves in an acceptable way. And Allah is Exalted in Might and Wise.

And those of you who die and leave behind wives should bequeath for their wives a year's maintenance (and residence) without turning them out, but if they (wives) leave, there is no sin on you for that which they do of themselves, provided it is honorable (e.g., lawful marriage). And Allah is All-Mighty, All-Wise (240)And for divorced women, maintenance (should be provided) on reasonable (scale). This is a duty on Al-Muttaqin (the pious)(241)Thus Allah makes clear His Ayat (Laws) to you, in order that you may understand (242)

Ayah (2:240) was abrogated

The majority of the scholars said that this Ayah (2:240) was abrogated by the Ayah (2:234), what Allah said:

يَتَرَبَّصْنَ بِأَنفُسِهِنَّ أَرْبَعَةَ أَشْهُرٍ وَعَشْرًا

(...they (the wives) shall wait (as regards their marriage) for four months and ten days.)(2:234)

For instance, Al-Bukhari reported that Ibn Az-Zubayr said: I said to 'Uthman bin 'Affan:

وَالَّذِينَ يُتَوَفَّوْنَ مِنكُمْ وَيَذَرُونَ أَزْوَاجًا

(And those of you who die and leave wives behind them) was abrogated by the other Ayah (2:234). Therefore, why did you collect it (meaning, in the Qur'an)?" He said, "O my nephew! I shall not change any part of the Qur'an from its place."

The question that Ibn Az-Zubayr asked 'Uthman means: 'If the ruling of the Ayah (2:240) was abrogated to four months (the 'Iddah of the widow, and refer to 2:234), then what is the wisdom behind including it in the Qur'an, although its ruling has been abrogated? If the Ayah (2:240) remains (in the Qur'an) after the Ayah that abrogated it (2:234), this might imply that its ruling is still valid.' 'Uthman, the Leader of the faithful, answered him by stating that this is a matter of the revelation, which mentioned these Ayat in this order. 'Therefore, I shall leave the Ayah where I found it in the Qur'an.'

Ibn Abu Hatim reported that Ibn 'Abbas said about what Allah said:

وَالَّذِينَ يُتَوَفَّوْنَ مِنكُمْ وَيَذَرُونَ أَزْوَاجًا وَصِيَّةً لِّأَزْوَاجِهِم مَّتَاعًا إِلَى الْحَوْلِ غَيْرَ إِخْرَاجٍ

(And those of you who die and leave behind wives should bequeath for their wives a year's maintenance (and residence) without turning them out,) "The widow used to reside, and have her provisions provided for her for a year, in her deceased husband's house. Later, the Ayah that specified the inheritance (4:12) abrogated this Ayah (2:240), and thus the widow inherits one-fourth or one-eighth of what her (deceased) husband leaves behind."

Ibn Abu Hatim also related that 'Ali bin Abu Talhah stated that Ibn 'Abbas said, "When a man died and left behind a widow, she used to remain in his house for a year for her 'Iddah, all the while receiving her provisions during this time. Thereafter, Allah revealed this Ayah:

وَالَّذِينَ يُتَوَفَّوْنَ مِنكُمْ وَيَذَرُونَ أَزْوَاجًا يَتَرَبَّصْنَ بِأَنفُسِهِنَّ أَرْبَعَةَ أَشْهُرٍ وَعَشْرًا

(And those of you who die and leave wives behind them, they (the wives) shall wait (as regards their marriage) for four months and ten days.)(2:234)

So, this is the 'Iddah of the widow, unless she was pregnant, for her 'Iddah then ends when she gives birth. Allah also said:

وَلَهُنَّ الرُّبُعُ مِمَّا تَرَكْتُمْ إِن لَّمْ يَكُن …

Al-Baqara 2:240Listen in Qur'an →

Commentary: Tafsir Ibn Kathir by Hafiz Ibn Kathir. Qur'an text and translation via AlQuran Cloud.