1. Initially the address is to the Holy Prophet (Peace Be Upon Him) and immediately thereafter the Muslims are told that: whenever you divorce (give talaq) divorce for the period of Iddat. This manner of addressing gives a hint that this commandment is so forceful that even the personality of the holy prophet too is not an exception to it. Through him, the entire Ummah (Muslim community) is being given this order. When this order of giving Talaq, that it must be given for the Iddat, had been issued so emphatically, then there is no room at all for adopting any other way of giving Talaq ………which may be in contravention of it.

(Divorce them for the period) means give the talaq at such a time from whence you can reckon the beginning of the period. This aim of the order can be achieved only if a man gives one talaq only at a time so that the period of that divorce may begin there from. When that period of Iddat ends, the woman will be separated from the husband, but there will be a chance for remarriage (with the same woman) And if, during the said Iddat, the husband has revoked the divorce there will be an opportunity for the husband that, in future, if he feels it necessary, he may give a second talaq, and even during the period of this second talaq’s Iddat, he will have a right to revoke it. If he revokes it, the wife will remain in his wedlock. But, if, after that, on any occasion in future, he gives a third talaq, then the wife will have to remain in Iddat (waiting) but then the husband will have no right to revoke it, and this (third) talaq will become a talaq Mugallazah (Absolute Divorce).

It is this very way of giving a talaq which has been taught through the Book (Quran) and the Sunnah (Holy Prophet’s tradition) and it has been taught emphatically. Regarding the problem of giving three talaqs at a time, it is totally opposed to the Book and the Sunnah and hence a Bid’at (innovation). In that case only one, not three, talaqs take effect. This is because the Shariat has given a right to give a talaq for a period (iddat).Therefore in case of the illegal (triple) talaq, the first talaq will begin with an iddat but the second and the third talaqs will have no beginning of the iddat, whereas, (as per Divine rule) every talaq must begin with a separate iddat. Therefore, more than one talaqs at a time will be null and void (will have no effect) because, the Shariat has never given the authority to give such a talaq to anyone. And, if we ponder over it, there is a great wisdom in the Shariat rule of providing a separate iddat for each talaq. It is that the husband may have an opportunity of reconsideration of revoking on two occasions (twice).

In short, this ayah is very clear in the Divine commandment that it is essential for every talaq to have a beginning of an iddat. A talaq which has no beginning of iddat is not reliable in the eyes of the Shariat. Regarding the matter of giving three talaqs in three ‘Tuhrs’ (purity period), it is authenticated neither by the Quran nor by the Sunnah, Allama Ibne Taimiya says:

“Those who have kept in mind what has been demanded by the Quran and what is supported by AASAAR (Hadeath) say that the Talaq indicated by Allah is only that talaq with which reckoning of iddat (period) begins and whereby the divorcer retains the right of keeping the wife honorably or departing from her honorably. And this negates the effectiveness of three talaqs before returning (to wife) during iddat. Therefore it is not valid (admissible) and such talaq will not be for the iddat.”

The commentator of ‘Masnad Ahmad’ Ahmad Muhammad Shakir has, in his book “Nizamut Talaq Fil Islam” clearly mentioned that:

“Therefore I have also mentioned my arguments and have also quoted others to prove that during iddat, after the first talaq, two talaqs are void (batil) and that one talaq cannot join with another talaq and that no talaq applies to a woman who is passing through an iddat.”

It means another talaq cannot be effective during the iddat which started from the first talaq because it is necessary for every talaq to have a (separate) iddat.

Maulana Muhammad Raees Nadvi writes in his research work “Tanveerul Aafaaq fee Masalut Talaq” (Printed al Jamiyah Salafiyah, Banaras) :-

“That is, when there is a special period (time) of Tuhar (purity or cleanness) for a talaq, and when only one talaq is permissible in that special time, then, if more than one talaq is given in that special time, the additional talaqs will null and void and only one talaq will be effective which is admissible according to Shariat.” (Page 315)

The meaning of this ayah which we have explained above is supported by the abovequoted opinions of ulema. It thus becomes clear that we have not given a new or novel meaning to this ayah. Even before us, scholars have been taking this meaning, that is, for every talaq a separate iddat is essential and that the second and third talaq cannot be given in one iddat. Hence the triple talaq at a time fall under the rule of (can be regarded or considered as) only one talaq because in that case only one talaq is valid and the second and the third talaqs are not effective at all. But Jamhoor Ulema (majority) believe in the effectiveness of the triple talaq. They say that it is effective despite being

‘Haraam’ and ‘Bidati talaq’ but the opinion of the majority of Ulemaa is not a “hujjat” (Conclusive argument) in religion. What is hujjat is only the clear orders of the Book and the Sunnah, and the arguments based on them. In Islam people have a right to oppose Jamhoor:-

“Then if you dispute about any matter, refer it to Allah and the messenger, (Suratun Nisaa:59)

Moreover, it is totally wrong and unrealistic to regard the opinion of Jamhoor as Ijmaa (consensus of scholars).

In present times, and particularly among Indian Muslims, the tradition of giving triple talaqs at a time is prevalent. General public think that a talaq is not effective unless three talaqs are given. This is ignorance. But even the pleaders (vukalaa) and the qaazees too, while writing a Talaq Namah (divorce letter), mention three talaqs and obtain the divorcer’s signature thereon. The divorcer does not know the correct way of giving a divorce, nor does he know which is the wrong procedure. Thereafter, when the anger subsides and that fellow desires to revert (to his wife), the Muftees, who are bent upon Taqleed (following the former scholars), tell them that now there is no way out to revert except ‘Halalah’ even though halalah has been condemned as a very bad affair. Thus the common people are facing a lot of confusion and many difficulties in the matter of talaq. The only remedy is to guide them in the light of the clear commandments of the Book and the Sunnah and people should abide by the Divine commands and accept such advice, freeing themselves from the bonds of ‘maslak’.

For detailed discussion of this problem please see our urdu pamphlet ‘EKAT-THI TEEN TALAAQEN KITAAB WA SUNNAT KI ROSHANI MEIN (Triple talaq in the Light of Quran and Sunnah).

The ayah also clarifies that talaq can be given only in the condition (period) of Tuhar (cleanliness) that when the wife is not menstruating and when in this clean period the husband did not have an intercourse because the reckoning of iddat period will not be correct if a talaq is given during menses and if there had been an intercourse as doubt will arise about pregnancy. A hadith says :

“Abdullah bin Umar divorced his wife in the course of menses. When Umar inquired about it the holy prophet (peace be upon him) said :tell him to take back his wife (“Fal uraaji’haa”) and to keep her in the same condition till the time she becomes clean and there is another menses and again she becomes clean and thereafter if he likes he may retain her as his wife or divorce her before indulging in intercourse. This is the ‘Iddat’ which has been ordered by Allah about divorcing women.” (Muslim, Kitabut Talaq)

It is thus known that the Shariat has not authorised man to give talaq to his wife during her menses. Therefore, if somebody divorces his wife during her monthly course that talaq is un- Islamic and hence void. It will have no effect.

2. It has been emphasized to reckon (count) the iddat because before the completion of this period the woman cannot remarry with another man. If she does so that marriage will be ‘batil’ (void). The iddat of a divorced woman is, generally, three menstruations, as mentioned in Surah Baqarah:

(“Divorced women shall wait, keeping necessity themselves apart, for three menstrual periods.”) (Baqarah : 228)

This means that the first menses occurs after the clean period (Tuhar), then, after this ‘Tuhar’ another menses occurs, then the third menses occurs after this third Tuhar. The period of the woman’s iddat ends with the end of this third menses and she will be at liberty to marry with another man.

Rules for those women who do not menstruate or who are pregnant are different. They have been described in ayah 4.

3. An emphatic instruction has been given to fear Allah in the matter of talaq because, first, a talaq is very undesirable thing in religion and, secondly, if it becomes unavoidable to divorce then the talaq must be given as per the procedure shown by the Shariat. It is contrary to Godfearingness to be overwhelmed with anger and to give talaq in such a way which contravenes all the Shariat rules. A man who does not fear Allah in his affairs and obeys his whims and wishes is driving himself toward a bad end.

4. It is the responsibility of the husband to keep the woman in his house after giving talaq till the end of her iddat. And it is also the responsibility of the woman that she passes her term of iddat in her husband’s home. She must not go away to her parents’ home in a fit of anger. Not going out of house does not mean that she cannot go out even for her necessities. What is meant is that she must not quit her husband’s house and should not shift elsewhere.

‘Unless she commits an open indecency’ means indulgence in adultery .In such situation the husband has a right to drive his wife out of his house.

We cannot agree With those people who say that means bad language etc. On that pretext a husband will drive away his wife at his will. The Quran has used these words only in the sense of adultery.

5. To give divorce without any unavoidable necessity not to care for the period of iddat while giving talaq, to give a number of talaqs instantaneously, not to reckon (count) iddat amounts to breaking of God’s commandments. Such gestures are oppressive and excessive and whosoever does so renders himself fit for Divine punishment.

Some of the Mufassireen (commentators) have taken a wrong meaning of this. They say that as the triple talaq is effective it is called an oppression. The fact. However, is that here what has been condemned (by terming it ‘zulm’)is the adoption of a wrong procedure of giving divorce. There is no mention of its applicability or effectiveness.And when it has been acknowledged that giving three talaqs at a time is an oppressive gesture, does Islam want that this oppression against women must continue? What an ugly talk by these mufassirs!

6. This relates to abide by the limits fixed by God. That is, if you abiding by the Divine procedure in giving talaq, no wonder if Allah may bring about a change for good after this separation. He may guide you to reversion or, after the end of the iddat man period may create a better situation for the woman’s remarriage. Anyway the consequences of obeying Divine commandments can only be good.

7. To reach the period means approaching the end of iddat. At this time, the husband should either decide to revert to his wife or to decide to separate her. But in either case the manner must be reputable. This makes it clear that Quran has provided an opportunity for reversion after talaq. And, as mentioned in ayat 229 of Surah Baqarah, this opportunity is for the two occasions of talaq. There is no reversion after the third talaq. But if we regard the triple (three at a time) talaq as effective, no opportunity at all remains for reversion. Obviously this is contrary to what is intended by Quran. Therefore, it cannot be recognized as effective.

8. This is an emphatic order and hence it must be obeyed. It is also necessary to avoid disputes. And this command is applicable in both the situations viz in case of reverting to the wife after talaq as well as of separation. In any case, it must be made known that such and such woman remains a wife of such and such fellow or not. Otherwise the status of both will remain doubtful in the eyes of the society.

9. This is a directive for the witnesses that while giving testimony they should remain impartial and State the truth and nothing but the truth purely for the sake of Allah.

10. This ‘admonition’ means all the ordinances which have been mentioned above regarding divorce. Allah has admonished that these orders must be obeyed as they ensure wellbeing. It has been described as the demand of Faith (belief) in Allah and the Day of Resurrection. This means that those people who do not care for Shariat’s commands in the matter of divorce are working contrary to the demand of Faith (Imaan) and they will be taken to a severe account in the Hereafter.

11. This ayah is a ray of hope for those who righteously (with a fear of God in their, heart). For such persons, Allah creates such causes whereby they come out of the surrounding difficulties easily. Their worries end. What is hinted at here is the domestic difficulties. Man must not leave aside God-fearingness due to household or domestic worries. Rather, he must hold the rope of Taqwa firmly as it is the Taqwa which solves all deadlocks.

12. Domestic life, sometimes, becomes sour way of due to monetary difficulties. Therefore, both the husband and the wife have been assured that if they continue to be righteous, Allah will surely open a path for earning livelihood for them a path about which they might have never imagined. And it is indeed a fact that Allah does open up such sources of income (provision) which are often never thought of by man. Hence only the apparent sources of provision should not be regarded as everything and only thing. Man must attach his hopes with the large generosity of Allah.

13. Instead of relying on the causes, one should rely on the Almighty Allah WHO is the Causer of all causes. If a man has full Faith on Allah and if he is hopeful of good from Him, outwardly difficult situations cannot defeat him. Mountains of hardships too can evaporate at one hint from Allah. And this ayah is a guarantee that Allah is sufficient to give ease to one who trusts Him.

14. That is, Allah’s will always prevails. Of course it should be fully understood that this world is a place for trial. Therefore, HE has appointed a certain time for removing every difficulty and for casing every hardship. This is Divine measure. Therefore man must not become impatient and restless. To trust in God does not mean that the hardship will go away instantaneously. It may take time so that the desired trial may be completed. But man must rest assured and believe that Allah will be sufficient to provide ease. This is the true meaning live of Tawakkul (reliance on Allah).

The wealthy man may spend according to his wealth and the one who has been given less may spend from whatever Allah has given him. Allah does not put a burden on any person beyond what HE has given him. Allah will provide ease after hardship.(Al-Quran)

15. This ayah describes the iddat of divorced women with whom their husbands may have had intercourse after Nikah (marriage). There is no iddat for those women with whom there was no intercourse, before divorce, as has been mentioned in Surah Ahzab (ayah 49). It should also be borne in mind that the iddat of women with whom their husbands had an intercourse is mentioned as three menses in ayah 228 of Surah Baqarah. The rules given here relate to some special circumstances.

If a woman has reached old age and she does not hope to have any menstruation then her iddat is three months. “If you have any doubt” means that if after reaching the age of menopause some blood appears which makes one doubtful whether it menses or ‘Istihazah’ (an other kind of bleeding) then disregard such doubt and count three months. And if there is nothing doubtful and they have become hopeless or menses than their iddat will preferably be three months.

16. ‘Those who have not menstruated’ means those women who do not menstruate due to some illness etc despite being of major age of puberty. The iddat of such women is also three months.

The words “who have not menstruated” is no argument in favour of child marriage (minor girls) because, taking it for granted, if a man marries a minor girl, he cannot have an intercourse with her as it is neither allowed by Shariat nor by human nature and wishdom. Then if he divorces that minor girl, there will be no iddat for her on the basis of the impossibility of an intercourse with her. (Please see Surah Ahzab, ayah 49). Whereas it is mentioned here that the iddat of those women who did not menstruate is three months. Thus it is understood that this order does not relate to a minor girl nor this ayah can be a hujjat (legal ground) for the marriage of a minor girl. Moreover, the holy Quran states about orphan boys and girls that:

“And examine the orphans until they reach the age of marriage.” (Nisaa:6)

Obviously reaching the age of marriage means the boys and girls’ becoming major (attaining puberty). Therefore the age of marriage is the age of puberty. There is no question of marriage before that. And when there is no question of marriage from whence the question of talaq can arise? Besides this, the Shariat has made it a condition that the girl gives her consent for her marriage. How will such a consent be obtained from a minor girl? Islam has never permitted that a girl may be given away in somebody’s wedlock per force. As regards a tradition according to which Aisha (Radiyallahu Anhaa) was only six year old at the time of her Nikah with the Holy Prophet (peace be upon him) it cannot be accepted as true, because, events do not support it. There is no scope of a detailed discussion here. Researchers have written a lot about it.

17. The iddat of a pregnant woman is until her delivery which may occur soon after talaq or is several months thereafter. Thus her iddat period can be short or long. Same is the time of iddat of a pregnant woman whose husband may have died. It is so because, had her iddat been four months and then days, and had she not delivered during this period, then she would have been free to marry another man after completing that iddat despite being pregnant. It would have been very bad that in spite of being pregnant she went into the wedlock of another man. Hence Shariat has made it a rule that her period of iddat is till her delivery even if it takes a short time or a long time. Tradition (hadith) also supports this:-

“Subai’ah Aslamiyyah says that I was in the wedlock of Sa’d bin Khaulah. My husband died at the time of Hajjatul Vidaa. At that time I was pregnant. A few days after my husband’s death I delivered a child. A fellow said: you cannot remarry before restraining yourself for four months and ten days. When I inquired about it from the holy prophet he replied: with your confinement you have become halal (free). If you wish you can remarry now.”(Muslim, Kitabut Talaq)

18. The God-fearing fellows are being assured that though it is rather difficult to act quite righteously especially in domestic life wherein disputes occur frequently and relations become strained yet if a man sticks to righteousness, Allah will make it easy for him to tread that path. And it is a fact that in case of those people who solemnly resolve to live with Allah’s fear in their hearts do get Divine help in their path and they succeed.

19. That is, mind it well that this commandment regarding iddat is Allah’s order. Hence you must obey it unfailingly. Its breach is clear sin and if some one tries to replace this family law with a manmade (self made) family law or propagates or imposes it, it will be a serious crime.

20. This is the description of the Divine reward for those who obey Allah’s commands. It is that HE will remove their evils and also will grant them a very big reward. The reward according to patience (endurance),rather greater than that.

21. It means let the divorcees live in your own homes and keep them in a good place according to your means. It should not be that despite possessing a good place you may leave them in a lower place. It will be a bad behaviour which will injure their self-respect. Then during the time of iddat too your attitude towards your wives must be good. It is never admissible to harass them so that they may get irritated and may quit your house in desperation.

Very unfortunately, despite this emphatic order, Muslims often harass their wives after divorcing them and compel them to leave their homes forthwith. This is because, the relation of a Muslim, with the Holy Quran, today, is limited merely to its recitation (Tilawat). As they have no interest in reading the Holy Quran with understanding (meaning) they are neither able to comprehend God’s commandments nor are they inspired to abide by Divine orders. How strange is it that a Muslim who recites Surah Talaq does not even try to understand the orders described in it, even though there are means to follow them, When such people disobey Allah’s orders, they will have to answer before Allah about their disregard and disobedience, inspite of their usual and regular recitation.

22. If the divorced woman is pregnant the responsibility of meeting her needs which include food, clothing and medical treatment until her delivery is on the husband, be the talaq a Rajaee (revocable) or third Mugallazah talaq (absolute). The period of pregnancy can be long and therefore special mention of the maintenance of the pregnant has been made. Otherwise this order also applies to those women who have been given a Rajaee Talaq and also to those who have been absolutely divorced with the third talaq. In case of all the divorced women the burden of ‘Sukna’(accommodation), and ‘Nafaqah’ (maintenance) is on the husband. This thing seems to be correct from another aspect also and it is that when a divorced woman is not free to remarry during her iddat who will be responsible for her accommodation and maintenance during that period? It should only be the responsibility of the husband who has ended the contract of marriage.

But a group of ulemas and fuqaha is of the opinion that there is neither Sukna nor Nafaqah for a woman who has been divorced for the third time and Who is not pregnant. They base their argument on the Hadith of Fatima binte Qais wherein she says that when my husband had divorced me for the third and final occasion I took my problem of Sukna and Nafaqah before the holy prophet but he granted me neither of them and asked me to pass my iddat in the house of Ibne Umme Maktoom. (Muslim, Kitabut Talaq).

The fact is that the husband of Fatimah binte Qais was not present in his home. He was in travel and had sent her Talaq from Yemen. As is seen in other traditions, Fatimah binte Qais herself did not want to reside therein. Therefore the Holy Prophet directed her to live in another safe abode. Regarding Nafaqah the husband had sent grain to her through his Vakeel (representative) but Fatimah felt it insufficient and asked for more. But the holy prophet did not accede to that demand. Either it may be because the husband was absent or he might have considered the grain sufficient. In either case, the holy prophet resolved the problem in a practicable way. Accordingly he not only asked her to shift to the residence of Ibne Umme Maktoom who was a blind fellow but also got Fatima married to Usama bin Zaid soon after the S. 65 750 Dawatul Quran completion of the period of iddat. But Fatima binte Qais was describing this event in such a way which meant that there is neither Suknah nor Nafaqah for a women who has been divorced for the third time. This was a ‘Rivayat bil Maanee’ (wherein exact words were not preserved) and it did not conform with the holy Quran. Therefore, khalifa Umar (Radiyallah Anh) did not accept it and said:-

“We will not give the Book of Allah and the Sunnah of His Prophet merely on the ground of a woman’s talk. We are not aware whether she had remembered the Hadith or she had not remembered. There is both Suknah and Nafaqah for Mutallaqah (Bainah). Almighty Allah orders: Do not make them quit their homes, nor should they quit their homes unless they commit open indecency. Similarly Ayesha (R.) also has objected to the said narration. According to Bukhari, Ayesha (R.) said:-

“There is no good for her in narrating this hadeeth.” She also said:

“Fatimah was in a forlorn place, and hence the apprehension due to which she was allowed by the Holy Prophet to shift.”forlornExplaining this Hadeeth Hafiz Ibne Hajar writes: The Sukna (provision for accommodation) itself was not suspended but it was set aside due to the abovementioned reason. But Fatimah binte Qais holds that a Mutallaqa Bainah is not entitled to Sukana and Nafaqah. Hence Ayesha (R.)refuted it. (Fathul Bari,Vol:9,P.396).

It becomes clear from Umar’s statement’ We will not give up our Prophet’s Sunnah’ that the tradition of providing both accommodation and maintenance to the divorced woman, even if she was given a talaq-e- baain was prevalent during the days of the holy prophet. In other words, this is a Taqreeri sunnah. The holy Quran’s ayah “Do not expel them from their homes” covers this sense. Therefore Umar did not accept the hadeeth of Fatima binte Qais. This act of the rightly-guided caliph teaches us that a mere narration of a narrator is not sufficient for accepting a hadeeth. It is also necessary that it should not be against Quran and Sunnah.

23. Iddat ends after delivery. Therefore the former husband is not responsible for the nafaqah of the divorced woman there after. But he will have to pay the dues for suckling the child. This issue of payment for suckling can be determined through mutual consultation of both so that neither may have any cause for complaint.

24. But if the divorced woman is unable to suckle the child for lack of milk or for any illness or if she demands an amount which the man is unable to pay, then in case of such difficulties the child can be suckled by any other woman.

Now a days it is common to feed the child with milk powder. Hence the problem of the child being suckled by any other woman does not arise.

25. This applies both to the payment of suckling charges and the maintenance during iddat. Man will spend according to his standard of life. Neither a rich man should show miserliness merely on the ground that he has already divorced his wife nor is he asked to spend beyond his means. Allah never overburdens any body beyond his capacity.

26. No wonder, if in view of the Godfearing ness and righteousness, and justness, Allah turns a man’s poverty into richness. One must always hope for the best from Allah and must realise that conditions do not remain the same for ever. Dry winds are followed by sweet breezes too.