2. Al-Baqara

Commentary:

In the previous two verses, it will be recalled, important rules of the law of talaq (divorce) were given. Also delineated there was the just and moderate system of divorce in Islam. Now some other relevant injunctions and rulings have been mentioned in the verses under discussion (231 - 232).

Special instructions for revocation of divorce

or annulment of marriage

The first rule given in the first verse is: When women divorced revocably reach near the completion of their ` iddah (waiting period), the husband has two choices; either he may revoke his divorce and let her continue to be married to him or he may not revoke his divorce, discontinue the nikah relationship and release her totally.

But along with both these choices, the noble Qur'an places a restriction which requires that a wife, if retained, must be retained in accordance with a manner well-recognized and should it come to a parting of ways, even then, the parting should be in accordance with the rule as approved by the Shari'ah. Here, the word (in fairness), which appears separately at both the places, suggests that there are some conditions and rules governing the choice of retaining, similarly as there are, in the choice of releasing. When choice is made from either of the two options, it must be done in accordance with the method prescribed by the Shari` ah and not under the heat of spot anger or sentiments. Some of these rules of Islamic law appear in the Qur'an itself. Rest of the details have been given by the Holy Prophet ﷺ

For instance, should the thought of ugly consequences of separation after the incident of divorce produce a change of heart in favour of revoking it and keeping the marriage intact, then the Shari'ah has a method. It stipulates that the purpose in doing so should be to wash out past anger and displeasure and resolve to live anew in good family relationship with intention to give her the due rights. The purpose should not be to hold the woman in captivity or to harass and torture her. Therefore, the following words were said in the verse under reference: وَلَا تُمْسِكُوهُنَّ ضِرَ‌ارً‌ا لِّتَعْتَدُوا ، that is, 'do not retain them with intent to harm them unjustly'.

The other method of rajah (revocation) has been mentioned in

Surah Al-Talaq:

وَأَشْهِدُوا ذَوَيْ عَدْلٍ مِّنكُمْ وَأَقِيمُوا الشَّهَادَةَ لِلَّـهِ

And let two trustworthy persons from amongst you be witnesses; then, let witness be given if needed, precisely for the sake of Allah, (without fear or favour). (65:2)

It means that anyone intending to take his wife back by raj'a راجع (revocation) should invite two trustworthy Muslims to act as witnesses. Out of the many advantages it has, one is the possible use of these witnesses in case there is a legal claim against raj’ a راجع filed by the woman.

Moreover, if the rule of having witnesses on raj’ a راجع is not observed there is a possibility that someone, out of selfishness or Satanic instigation, comes up with a claim, even after the ` iddah has expired, that he had already done his raj’ a راجع (revocation) before the expiry of ` iddah (waiting period).

In Order to eradicate these evils, the Holy Qur'an has directed that …

Rules of the remarriage of the divorced women

The second verse stops the unjust treatment meted out to divorced women, that is, they are discouraged to marry again. In some cases the first husband generally opposes the idea of his divorced wife marrying someone else and considers this to be a violation of his honour. In some families, even guardians of the divorced woman stop her from marrying a second time -- some of them often do that out of greed hoping to let her marry only when there is some financial gain for them. There are times when the divorced woman agrees to remarry her former husband but the guardians and relatives develop a sort of hostility towards him after the incident of divorce. As such, they oppose their remarriage even after both of them agree to it. Stopping free women, without any valid reason admitted by Islamic law, from marrying at their choice, is a grave injustice whether it comes from the former husband or from the guardians of the woman. This injustice has been prevented through this verse.

This verse was revealed in the background of an incident of this nature. It appears in Sahih al-Bukhari that Sayyidna Ma'qil ibn Yasar

رضی اللہ تعالیٰ عنہ had given his sister in marriage to someone. He divorced her and the period of ` iddah expired as well. Following that, this man was sorry for what he did and wished to remarry her. His wife, that is, the sister of Ma'qil ibn Yasar ؓ also agreed to it. When this man talked to Ma'qil about it, he said, of course, in anger against the man's act of divorce: 'I did you an honour. I gave you the hand of my sister and you did this to me. You divorced her. Now you have come again to me so that I can let you marry her once again. By Allah, she will not go back in your nikah now.'

There was another incident concerning a cousin of Sayyidna Jabir

ibn ` Abdullah ؓ similar to the one above. Thereupon, this verse was revealed in which the approach of Ma'qil and Jabir ؓ was declared to be undesirable and impermissible.

The noble Sahabah (Companions) were true lovers of Allah Almighty and His Messenger g . Such was the beneficence of the verse that Ma'qil ibn Yasar's anger cooled down as he heard it. He himself went to his former brother-in-law and gave his sister in his marriage once again and then gave kaffarah کَفَّارہ (expiation) for his oath. Similarly, Jabir also carried out the instruction.

Keeping in view the form of address used here, this verse includes husbands who have given a divorce as well as the guardians of the women. Both have been commanded: فَلَا تَعْضُلُوهُنَّ أَن يَنكِحْنَ أَزْوَاجَهُنَّ إِذَا تَرَ‌اضَوْا بَيْنَهُم بِالْمَعْرُ‌وفِ is, 'do not prevent them from marrying their husbands when they mutually agree with fairness.' They may even be their previous husbands who had divorced them or they may be others. But a condition has been imposed here which is: بِالْمَعْرُ‌وفِ تَرَ‌اضَوْا بَيْنَهُم ، that is, 'when they mutually agree with fairness.' It means: When a man and woman agree to marry in accordance with the rules set by the Shari'ah, then, do not stop them from getting married. Here it was hinted that the absence of an agreement between the two, or …

The injunctions of suckling the children by the mothers

This verse contains injunctions relating to rada` ah (رضاعۃ) or the suckling of children. It will be recalled that in verses appearing earlier and later than this, the injunctions of talaq (divorce) have been taken up. In between, there appear injunctions relating to the suckling of children, because it generally happens that issues concerning the feeding and upbringing of children are disputed following a divorce. Since these disputations lead to violence, this verse offers moderate injunctions which can be carried out easily and appropriately by man and woman both. For the two situations of suckling and weaning, whether these show up during the period of marriage, or after divorce, a system was suggested which helps stop mutual bickering, or injustice to any of the parties.

For instance, it was said in the first sentence of the verse:

وَالْوَالِدَاتُ يُرْ‌ضِعْنَ أَوْلَادَهُنَّ حَوْلَيْنِ كَامِلَيْنِ ۖ لِمَنْ أَرَ‌ادَ أَن يُتِمَّ الرَّ‌ضَاعَةَ

that is, 'And mothers suckle their children for full two years' -- unless there be some strong compelling reason which leads to weaning before that time.

Some rules concerning rada` ah or suckling of children come out from this verse; these are:

Suckling of children is an obligation of the mother

Naturally suckling is an obligation of the mother. If she does not feed without a valid reason or because of some hostility or displeasure, she will be a sinner. And she cannot accept any payment for suckling from her husband, as long as she is married to him because that is her own duty.

The total period of suckling

The second rule is about the total period of suckling which is two years. Unless there be some special reason, it is the right of the child that this period be completed.

From this we also know that the total time given for suckling is full two years after which suckling should not be done. However, on the basis of some verses of the Qur'an and reports from ahadith, Imam Abu Hanifah (رح) ruled that if it was carried on over a period of 30 months or two and a half years, all the legal effects of suckling shall be applicable and if this was done because of the weakness of the child, a legitimate excuse, it would then be no sin either. But breast-feeding a child after completing two and a half years is unanimously haram (forbidden).

In the second sentence of this verse, it was said:

وَعَلَى الْمَوْلُودِ لَهُ رِ‌زْقُهُنَّ وَكِسْوَتُهُنَّ بِالْمَعْرُ‌وفِ ۚ لَا تُكَلَّفُ نَفْسٌ إِلَّا وُسْعَهَا

And on him, to whom the child is born, falls the provision of food and clothing for them (the mothers) with fairness. No-body is obligated beyond his capacity.

The first point that must be noted here is that the Qur'an uses the word وَالْوَالِدَاتُ , for mothers but while referring to the father, it opts for الْمَوْلُودِ لَهُ : to whom the child is born' leaving out the smaller word although the said word, 'walid' والد (father) does appear elsewhere in the Qur'an, for instance: لَّا يَجْزِي وَالِدٌ عَن وَلَدِهِ ' (Fear the Day) when no father shall be of avail to his child' (31:33). But the use of al-mawludi lahu الْمَوْلُودِ لَهُ in place of …

Some injunctions relating to 'Iddah

1. For one whose husband dies, it is not correct to wear perfume or make-up or use kohl52 or hair oil, beauty-treat unnecessarily, apply henna and dress gaudily. It is also not correct to talk about the second marriage in clear and unambiguous words as appears in the succeeding verse. In addition to this it is also incorrect to stay overnight in homes other than one's own. The text's "yatarabbasna bi anfusihinna" يَتَرَ‌بَّصْنَ بِأَنفُسِهِنَّ translated as "keep themselves waiting" hint towards these avoidances. And this is also the injunction for the woman who has received an irrevocable divorce, that is, in which revocation is not possible. However, it is not right for her to go out of the house even during the daytime unless there is an extreme compulsion.

2. Another rule most people are not aware of is: If the husband dies on the night of the new moon, these months will be completed in accordance with the lunar calendar. Their being of 29 or 30 days makes no difference. But, if he died after the night of the new moon, all these months will be completed as of 30 days each. In all, 130 days will be completed. And when this period expires, and the same time when the death occurred comes, ` iddah will be over.

And now a word concerning what was said about women -- "There is no sin on you in what they do for themselves as recognized."This teaches us that it becomes obligatory on others to stop one who acts against the Shari'ah, of course, if they have the ability or power to do so. Otherwise, these people too become sinners. And the expression, bi l'ma` ruf بِالْمَعْرُ‌وفِ ("with fairness' or 'as recognized' ) means that the marriage solemnized should be correct, and permissible according to the Shari'ah; all conditions of its being lawful should be observed.

52. Surma: collorium, claimed to be an inorganic lead compound -- 'Galena', which has been erroneously translated as 'Antimony' by Western writers. Since 'Antimony' is a known ingredient of modern sophisticated explosives, this age-old eye-cosmetic has gone out of fashion and favour.

Some injunctions relating to 'Iddah

1. For one whose husband dies, it is not correct to wear perfume or make-up or use kohl52 or hair oil, beauty-treat unnecessarily, apply henna and dress gaudily. It is also not correct to talk about the second marriage in clear and unambiguous words as appears in the succeeding verse. In addition to this it is also incorrect to stay overnight in homes other than one's own. The text's "yatarabbasna bi anfusihinna" يَتَرَ‌بَّصْنَ بِأَنفُسِهِنَّ translated as "keep themselves waiting" hint towards these avoidances. And this is also the injunction for the woman who has received an irrevocable divorce, that is, in which revocation is not possible. However, it is not right for her to go out of the house even during the daytime unless there is an extreme compulsion.

2. Another rule most people are not aware of is: If the husband dies on the night of the new moon, these months will be completed in accordance with the lunar calendar. Their being of 29 or 30 days makes no difference. But, if he died after the night of the new moon, all these months will be completed as of 30 days each. In all, 130 days will be completed. And when this period expires, and the same time when the death occurred comes, ` iddah will be over.

And now a word concerning what was said about women -- "There is no sin on you in what they do for themselves as recognized."This teaches us that it becomes obligatory on others to stop one who acts against the Shari'ah, of course, if they have the ability or power to do so. Otherwise, these people too become sinners. And the expression, bi l'ma` ruf بِالْمَعْرُ‌وفِ ("with fairness' or 'as recognized' ) means that the marriage solemnized should be correct, and permissible according to the Shari'ah; all conditions of its being lawful should be observed.

52. Surma: collorium, claimed to be an inorganic lead compound -- 'Galena', which has been erroneously translated as 'Antimony' by Western writers. Since 'Antimony' is a known ingredient of modern sophisticated explosives, this age-old eye-cosmetic has gone out of fashion and favour.

Commentary

Keeping dower and consummation in view, divorce can be of four situations. The injunction concerning the first two of these has been stated in these verses. (1) Dower is not fixed and consummation has not taken place. (2) Dower is fixed but consummation has not taken place. (3) Dower is fixed and consummation has taken place. Here the fixed dower will have to be paid in full. This injunction appears elsewhere in the Holy Qur'an. (4) Dower has not been pre-fixed but divorce was given after consummation. Here full mahr al-mithl مھر المثل (a dower as in the divorcees' family) will have to be paid. It means the amount of the dower will be the same as customarily given in the immediate family circle of the woman. This too has been taken up in yet another verse of the Holy Qur'an.

The injunction related to the first two situations has been stated in the verses appearing here. Out of the two, the injunction for the first situation is: No dower is due but it is obligatory for the husband to

give something on his own to the woman -- the least being a set of clothes. In fact, the Holy Qur'an has not fixed any amount for this gift. However, it does indicate that the affluent should give in accordance with their capacity, which carries an element of persuasion for the man of means who should not behave tight-fisted in this act of grace. Sayyidna Hasan ؓ ، in a situation like this, gave a gift of twenty thousand dirhams to the divorced woman, and Qadi Shurayh, that of five hundred dirhams; and Sayyidna Ibn ` Abbas ؓ has said that the lowest degree here is to give one set of clothes. (Qurtubi)

In the second situation, when the woman's dower has been fixed before marriage and divorce occurs before actual consummation, the injunction says that the man shall be obligated to pay half of the dower already fixed. However, should the woman forgive, or should the man pay the whole, this will be a matter of free choice, as is evident from the verse:

إِلَّا أَن يَعْفُونَ أَوْ يَعْفُوَ الَّذِي بِيَدِهِ عُقْدَةُ النِّكَاحِ

Unless they (the women) forgive, or forgives the one in whose hand lies the marriage tie. (2:237)

The use of the word ya` fu يَعْفُوَ ('forgives' ) to cover even the payment of full dower, perhaps, reflects the customary Arab practice of the payment of dower amount simultaneously with the marriage. If so, the husband has become, in the event of a pre-consummation divorce, deserving of taking half of the dower back. Now, if he yields voluntarily and does not take his half back, this too, would virtually be an act of forgiving. And the act of forgiving has been declared more merit-worthy, and closer to Tagwa (the sense of being responsible to Allah, commonly rendered as piety or fear or righteousness in absence of an exact equivalent); because this forgiveness symbolically indicates that the severance of the bond of marriage was also done with magnanimity and good grace, which is the objective of the Shari'ah and certainly, deserving of great merit -- the forgiveness could come from the woman, or from the man, it does not matter.

Explaining the words of the verse الَّذِي بِيَدِهِ عُقْدَةُ النِّكَاحِ whose hands lies the marriage tie), the Holy Prophet ﷺ has himself said: ولی عُقْدَةُ النِّكَاحِ , that is, 'the husband is the guardian (wali) of the bond of marriage.' This hadith appears in Darqutni as narrated by ` Amr ibn Shu'ayb from his father on the authority of his grandfather, and also from Sayyidna ` Aii ؓ and Sayyidna ibn ` Abbas ؓ (Qurtubi).

This also proves that the authority to continue or terminate the bond of marriage rests with the husband. It is he who can pronounce talaq (divorce). The woman cannot divorce her husband.

Commentary

Based on the authority of some ahadith, a very large number of ` ulama', have said that al-salat al-wusta َالصَّلَاةِ الْوُسْطَىٰ or the middle salah is the salah of ` Asr because there are before it, two Salahs during the day, that of Fajr and Zuhr; and after these come two evening Salahs, that of Maghrib and ` Isha'. Special emphasis has been placed on it because this is a time in which most of the people are busy in their professional work.

Incidentally, the Qur'anic word, Qanitin قَانِتِينَ meaning obedient or submitting, rendered here as 'stand before Allah in total devotion', has been explained in Hadith as denoting sukut سکوت or motion-less silence.

It was through this very verse that talking in salah was forbidden. Earlier, talking was permissible. The verse 239 has allowed a special way of offering prayers in the state of 'fear' i.e. the state of war. In such a state, one can offer salah نماز (prayer) while standing, with a condition that he can stand in one place without moving, and can make the gesture of sajdah سجدہ in a lower position than he makes in ruku' رکوع . However, salah cannot be performed while walking. If it is not possible to perform the prayer in the said manner, such as at the time of actual fighting, then, it is permissible to delay the prayer and to offer it later as qada' قضاء .

Commentary

Based on the authority of some ahadith, a very large number of ` ulama', have said that al-salat al-wusta َالصَّلَاةِ الْوُسْطَىٰ or the middle salah is the salah of ` Asr because there are before it, two Salahs during the day, that of Fajr and Zuhr; and after these come two evening Salahs, that of Maghrib and ` Isha'. Special emphasis has been placed on it because this is a time in which most of the people are busy in their professional work.

Incidentally, the Qur'anic word, Qanitin قَانِتِينَ meaning obedient or submitting, rendered here as 'stand before Allah in total devotion', has been explained in Hadith as denoting sukut سکوت or motion-less silence.

It was through this very verse that talking in salah was forbidden. Earlier, talking was permissible. The verse 239 has allowed a special way of offering prayers in the state of 'fear' i.e. the state of war. In such a state, one can offer salah نماز (prayer) while standing, with a condition that he can stand in one place without moving, and can make the gesture of sajdah سجدہ in a lower position than he makes in ruku' رکوع . However, salah cannot be performed while walking. If it is not possible to perform the prayer in the said manner, such as at the time of actual fighting, then, it is permissible to delay the prayer and to offer it later as qada' قضاء .

The text now returns to the subject of divorce mentioned in verses 234-237. The command to take due care of all prayers (verses 238-239) put in between was to remind that the real thing in life is a constant orientation towards Allah, not only in prayers where it is more pronounced, but also in social relationships such as marriage and divorce, rather, in all areas of one's life. The message is: Follow rules set by Allah in your ultimate interest.

Verses 240-242 cited above give guidance on the provision of

residence and maintenance for widows which has been explained in the commentary which follows.

1. In the Age of Ignorance, the period of waiting for a widow was one year, and in Islam, it came to be four months and ten days rather than one full year as we already know from يَتَرَ‌بَّصْنَ بِأَنفُسِهِنَّ أَرْ‌بَعَةَ أَشْهُرٍ‌ وَعَشْرً‌ا : 'They keep themselves waiting for four months and ten days,' in Verse 234, explained earlier. However, women were given a certain advantage in this respect. Those were the days when the injunction of inheritance was not revealed and a wife's share in the inheritance was yet to be determined; in fact, the rights of all others simply revolved around the will of the deceased, as we have already learnt from the explanation of the verse 2:180. Therefore, it was made obligatory that a woman should be allowed to live in the premises of her late husband's house for one full year if she so desires. It was also mandatory under this arrangement that she be given her maintenance during this period out of what has been left behind by her husband. This rule is mentioned in this verse. Husbands have been instructed to make wills to this effect. Since this was the right of the woman and she had the choice to receive or leave it, therefore, it was not permissible for the inheritors to evict her out of the house, but it was permissible for her not to live in that house at her discretion, and leave her due for the inheritors. The condition, however, was that ` iddah or the waiting period of four months and ten days be completed. After the completion of this period she could leave the house of her husband and could enter into a new marriage with another person. This is what is meant by the Qur'anic expression: "Then, if they move out, there is no sin on you in what they have done for themselves of the recognized practice." However, going out during the period of ` iddah and getting married was all counted as sin -- not only for the woman concerned but also for those who could stop her yet did not do so. When 'the verse of inheritance' was revealed, the woman received her ordained share in the house and in all other items of inheritance on the strength of which she had the choice to live in her section of the house and spend out of her share in the inheritance after the completion of four months and ten days, and this verse was abrogated.