Surah Al-Baqarah 2:232-235 - Quran Translation Commentary

(2:232) And when you have divorced your women, and they have completed their period (of waiting), do not prevent them⁴⁹¹ from marrying their (former or new) husbands, if they mutually agree on equitable terms.⁴⁹² These (are the words) by which is admonished he among you who believes in Allah and the Last Day. This is the (course for making) most virtue and purity amongst you. Allah knows, and you know not.

(2:233) Mothers may suckle their offspring two whole years. (This) for him who desires to go to the full length of the suckling period.⁴⁹³ It is for the father to provide and clothe them in a just manner.⁴⁹⁴ No soul is charged save to its capacity. Neither should a mother be made to suffer on account of her child nor he to whom the child was born.⁴⁹⁵ And the same is (incumbent) upon the heir.⁴⁹⁶ However, if the couple desire by mutual consent and consultation⁴⁹⁷ discontinuation then there is no blame upon them.⁴⁹⁸ Further, if you wish to get the child suckled (by a wet nurse), then there is no harm in that so long as you hand over in kindness what you (mutually) agree upon.⁴⁹⁹ Fear Allah and be aware that Allah sees all that you do.

(2:234: And those of you who die leaving behind their spouses, let them (the spouses) restrain themselves for four months and ten days.⁵⁰⁰ However, when they have attained their period there is no sin upon you in what they do with themselves in a reputable manner.⁵⁰¹ Allah is well aware of what you do.

(2:235) And there is no harm in the hints of proposal that you may send to the (widowed) women or conceal (such intentions) in your heart. Allah knows that you will remember (and talk to) them. Yet, do not make firm promises of marriage,⁵⁰² save that you say something honorable. But do not resolve upon the marriage tie until the prescribed term (of waiting) has been completed.⁵⁰³ And be aware that Allah knows what is in your hearts, therefore, beware of Him and know that Allah is All forgiving, All clement.

Commentary

491. It is the custodian (waliyy) of the woman who has been addressed and the indication is that it is the waliyy who should marry her off, instead of the woman arranging her own marriage (Ibn Jarir, Ibn Kathir). However, according to the Hanafiyyah, who base their opinion on an earlier verse viz., "...until she weds a man other than him (no. 230)," a woman may give herself in marriage, although it is undesirable that she should do so (Alusi).

492. This verse was revealed when, as in Bukhari, Tirmidhi and other collections, the sister of Ma`qal b. Yasar was divorced by her husband. But both were inclined to each other so that when she was out of her waiting period he came back requesting her hand. Ma`qal told him: "No. You greedy man, son of a greedy man. I honored you by marrying my sister to you but you divorced her. By God, she will never go back to you." (The narrator interjects: But Allah knew of his fondness for her and her fondness for him). So Allah revealed: "When you have divorced your women, .. until, "This is the (course of Law for making) most virtue and purity amongst you. And Allah knows, you know not." When Ma`qal heard this he said: "Hearing and obedience is for our Lord." Then he sent word for his sister's former husband and told him: "I will marry her to you, and shall accord you full respect (as before)." [Ibn Marduwayh adds: "And will expiate my oath]" Ibn Jarir, Qurtubi, Ibn Kathir, Alusi.

Although such were the circumstances of revelation of this verse, the application is common so that, also prohibited is the practice, prevalent in some Muslim societies, of placing obstacles in the path of a woman getting married to a person of her choice in the hope of the family members obtaining gifts from another, more gullible, suitor (Ma`arif).

Yusuf Ali writes: "The termination of a marriage bond is a most serious matter for family and social life. And every lawful device is approved which can equitably bring back those who have lived together, provided only there is mutual love and they can live on honorable terms with each other. If these conditions are fulfilled, it is not right for outsiders to prevent or hinder re union. They may be swayed by property or other considerations."

Legal Points

1. Divorce is the most hateful of the "lawful" in the sight of Allah. The following, however, is the process when it becomes inevitable:

a) According to the majority, the Sunnah way of divorce is to pronounce the divorce when the woman is in the state of purity (tuhur), in which state sexual intercourse with her has not taken place, and the woman is not pregnant (Al Arba`ah). This will be the first talaq. Nevertheless, the husband and wife can continue to live together. If the husband does not revoke his divorce within the waiting period (either in words, or by way of resumption of conjugal relationship [according to the Hanafiyy and Maliki schools, even amorous activities such as kissing, caressing, etc. would suffice: Rawai`]), then the woman is divorced and she must be sent away in a goodly manner, that is, with gifts etc. Nevertheless, the man can re marry her if she is willing (Au.).

b) However, according to the Companions, if a man has made up his mind about separation the best way would be to let the divorce become absolute by default, i.e., by the expiry of the period of probation (Majid, Ma`arif).

c) Notwithstanding how the husband acts i.e., whether he revokes the divorce within the waiting period, or remarries the same woman he has two more divorce pronouncements to his credit.

d) If he divorces her again, the process of the first divorce must be repeated.

e) If he revokes his divorce for the second time, he can continue to live with her with another divorce pronouncement to his credit the final one which will entail permanent separation.

f) But if he does not revoke his divorce after the second pronouncement and she completes her period of waiting then his inaction will be considered a third divorce and she will be separated from him. They cannot reunite until she marries another man who divorces her of his own free will.

2. When a woman has been divorced for the first or second time, and she completes her period of waiting, then the husband has a right to re marry her albeit on new terms. However, the woman has the right to decide whether she will accept him. That is, after the waiting period the former husband will be on the same footing as any other suitor (Qurtubi).

3. The husband is required by the law to provide for his wife, exactly in the same manner as before, during the period of waiting. Also, she cannot be asked to vacate the house.

4. According to the Hanabilah khul` is revocation (faskh) of the marriage contract and not talaq. Hence the pair can reunite later under new terms, even if the husband had divorced her twice earlier (Al Arba`ah). This is also the earlier opinion of Imam Shafe`i and one of the two opinions of Ahmad ibn Hanbal. However, according to Imam Malik, Abu Hanifa, and a later opinion of Shafe`i, it is just another kind of talaq (Shanqiti). Nevertheless, the scholars of these schools have set some more conditions depending on which it will be either talaq or faskh (revocation) - Al Arba`ah.

5. It is highly repugnant that a man should pronounce the word talaq three times in one go, which entails irrevocable separation. The Prophet was extremely upset when someone did it during his time (Nasa`i: Ma`arif and others). Yet, and although against the Sunnah, the majority of scholars Hanafiyyah, Shafe`iyyah, Malikiyyah (and according to Imam Nawawi, even Imam Ahmad b. Hanbal: Ma`arif) treat it as three separate pronouncements even if the man did not mean it and said it only in anger. Ibn Taymiyyah and some later-day scholars declare it only one divorce. Triple talaq in one session (such as to say: You are divorced, you are divorced, you are divorced, or to say: "Your are divorced three times") were considered, according to a report of Ibn `Abbas, as one during the Prophet, that of Abu Bakr Siddiq and the first two or three years of `Umar's caliphate. But then cases of three pronouncements became common and `Umar changed the rule to treat it as three with the rest of the Companions not disagreeing with him (Qurtubi, Ibn Kathir, and others).

The truth is that the majority opinion is stronger, that is, three pronouncements in one sitting (or one pronouncement of the three: Au.) will be treated as three separate pronouncements entailing final separation. Disagreeing with the ijma` of the Companions and ijma` of the ummah is not an easy matter indeed (Rawa'e`). There are reports, however, that show that even the Prophet (saws) treated three one sitting pronouncements as three only, and not as one. The hadith of Ibn `Abbas has not been properly understood (Ma`arif).

6. Talaq during the menstrual period is innovative (talaq bida`i), but it is talaq all the same with all legal implications.

7. There is general agreement among the legists that talaq pronounced in anger entails talaq (Al Arba`ah).

The rules of talaq take many other factors into consideration. The above are only for a general understanding and not for specific application. It is advisable to consult a faqih in matters of divorce (Au.).

493. Ibn Kathir comments: A hadith preserved by Tirmidhi reports the Prophet as having said: عن أمّ سَلَمَةَ قالَتْ: قالَ رسولُ الله صلى الله عليه وسلم "لاَ يُحَرّمُ مِنَ الرّضَاعةِ إلاّ مَا فَتَقَ الأمْعَاءَ في الثّدْيِ، وكانَ قَبْلَ الفِطَامِ". "There is no suckling (with foster implications) save what reaches the intestine from the breast and after the child has been weaned." Hence any suckling after this maximum period of two years prescribed by the Qur'an, will have no legal implication (such as the woman becoming the foster mother, her daughters forbidden in marriage to the suckled, and so on). This is the opinion of the majority of scholars. The term majority of scholars (jumhur) itself is applicable to the four Imams, the seven fuqaha' of Madinah and the senior Companions of the Prophet. However, `A'isha (ra) was of the opinion that the laws of suckling are applicable even to grown up men.

According to Imam Abu Hanifa, however, the age-limit is two and a half years (Razi).

Legal Points

1. The condition for suckling, for the enforcement of all legal implications, is that the child should have received a full feed from the breast. A drop or two will have no legal implication. (It is women's practice, at least in the East, to press a crying family child against their breast to pacify it, even if their breasts are dry: (Au.).

2. In view of the hadith that suckling has no legal binding after the child has crossed two years of age, the majority of scholars believe that if the husband, overcome by emotions, happens to suck his wife's breast, their marital relationship is not affected.

3. A woman in wedlock, or divorced but still in waiting, cannot demand separate payment for suckling her child (Arba`ah).

4. According to the majority the mother is obliged to suckle her child, not because of an explicit injunction to this effect, but because of the age old customs and practices, the exception being (in the opinion of Imam Malik) the woman of the aristocratic class amongst whom it has been the practice throughout the ages to get the child nursed by others to free the ladies for activities more pleasing to their men (Qurtubi).

5. According to the Hanafiyyah, it is not allowable that the child be given away to someone else for suckling if the mother is prepared to do it herself (Alusi).

6. According to Imam Malik and Abu Hanifa, a divorced woman has greater right to the custody of the female child until the girl's marriage, and the male child until the age of eight when he will be given the choice between the father and the mother. However, all scholars agree that she loses this right if she remarries or disqualifies herself by other means such as overwhelming social activities, wandering habits, etc. (Qurtubi).

7. According to the Hanafiyyah, Shafe`iyyah, and Malikiyyah a divorced woman who has completed her waiting period and is suckling a child born of her deserves to be paid by the father of the child, (or the heir) separately for: a) Suckling, b) Nursing (bringing up) and c) other expenses (of the child). However, Malikiyyah say that she need not be paid for the second item (i.e., nursing of the child) Al Arba`ah.

494. That is, a sum fixed taking into consideration the needs of the woman, her social status and the financial strength of the child's father (Ibn Jarir).

Allah (swt) said at another place (7: 65): لِيُنْفِقْ ذُو سَعَةٍ مِنْ سَعَتِهِ وَمَنْ قُدِرَ عَلَيْهِ رِزْقُهُ فَلْيُنْفِقْ مِمَّا آَتَاهُ اللَّهُ لَا يُكَلِّفُ اللَّهُ نَفْسًا إِلَّا مَا آَتَاهَا سَيَجْعَلُ اللَّهُ بَعْدَ عُسْرٍ يُسْرًا [الطلاق/7] "Let the man of means spend according to his means. As for him who is in straitened circumstances, let him spend from what Allah has given him. Allah does not charge a soul but within what He has bestowed. And soon Allah will cause ease after want" (Ibn Kathir).

495. That is, neither should the child be given away for suckling to a wet nurse with the intention to cause grief to the divorced mother, nor should the divorced mother refuse to suckle the child merely to make the father suffer (the economic consequences) Ibn Jarir, Ibn Kathir. Nor should she demand as wages more than what she truly deserves, or he give her less than what she deserves (Kashshaf).

496. Opinions vary over the identity of the "heir" alluded to: whether it is the heir of the deceased man, the blood kin of the deceased, one of the two parents, the heir of the child or the child itself (Qurtubi, Alusi, and others). Law books may be referred to for a detailed discussion (Au.).

Following this injunction the Hanafiyyah and the Hanabilah argue that providing a destitute is the responsibility of the kindred which, in fact, is also the opinion of the majority of scholars (Ibn Kathir).

497. The word used in the original is "tashawur." It has its root in "shawr," which is applied to the process of extracting honey from the honeycomb (Sabuni).

It means to say that no unilateral decision should be taken about the child by either of the parents because it is possible that either the mother is wary of giving suck or the father is miserly (Alusi).

498. Therefore, none of the parents can take a unilateral action regarding suckling or weaning of the child (Ibn Jarir, Ibn Kathir).

499. It is possible that the divorced mother may not be able to give suck to the child, due to reasons of health, in which case the child may be suckled by a wet nurse, on wage, while the mother needs also to be provided for in a reputable manner (Ibn Jarir).

500. However, this applies to the woman who is not pregnant. For one who is, the period of waiting before she can remarry is delivery of the child. This is in view of the verse 4 of surah al Talaq which says: وَأُولَاتُ الْأَحْمَالِ أَجَلُهُنَّ أَنْ يَضَعْنَ حَمْلَهُنَّ "The waiting period of the pregnant women (whose husbands have died) is delivery (of the child)." An incident also confirms this. It is reported by Abu Da'ud on the authority of Subay`ah bint Harath who says that she gave birth to a child fifteen days after the death of her husband Sa`d b. Khawla. When she was out of her confinement she applied cosmetics and came out well dressed. Somebody told her: 'Probably you intend to get married again. Well, you can't do it for four months and ten days.' She went straight to the Prophet who told her that with the delivery of the child she was out of the period of waiting. He advised her to get married if a good proposal came up (Ibn Jarir, Qurtubi, Kashshaf, Ibn Kathir, Razi). The waiting period itself is to ascertain that the widow is not carrying child from the deceased husband (Ibn Jarir, Ibn Kathir and others).

The status of women in pre Islamic Arabia can be judged from the hadith quoted by Ibn Jarir here. Our mother Umm al Salamah (ra) reports that a woman in mourning came to the Prophet complaining that she had some problem in her eyes and wanted permission to apply kohl. The Prophet (saws) told her: "لقد كانت إحداكن تكون في الجاهلية في شر أحلاسها، فتمكث في بيتها حولا إذا توفي عنها زوجها، فيمر عليها الكلب فترميه بالبعرة ! أفلا أربعة أشهر وعشرا" "Was it not so in the pre Islamic times that a woman was supposed to mourn her husband's death for one year, wearing the most filthy dress she could? When a dog came near her in that state, she chased it away by throwing camel dung at it! (That was in the bygone days). Now the period of mourning is only four months and ten days."

Legal Points

1. A widow may not use perfumes, wear make up or put on attractive clothes for the full period of waiting. This is prohibited by several ahadith (Ibn Kathir). However, it is not necessary that she appear shabby as is the custom in certain societies (Au.). `A'isha (ra) used to say that she may not wear either white or black clothes during this period (Ibn Jarir).

2. A widow in waiting should continue to live in her deceased husband's house, if he owned it; and, of course, if she is carrying child, then, until she has delivered the baby (Qurtubi). She may go out for errands during the day but may not spend a night outside (Ma`arif). Some scholars have expressed the opinion that she can also spend her waiting period in her own house if she wishes (Ibn Jarir and others).

501. In saying: "And when they (the women) have attained their period there is no sin upon you (O men) in what they do with themselves in an honorable way," Allah (swt) has hinted that it is for men to prevent their women from committing unethical acts. They will be sinning if they do not (Alusi).

Basing their opinion on this verse: the Hanafiyyah argue that a woman has the right to marry without the consent of her legal guardian (waliyy) Razi.

Nonetheless, another rule worked out by the Hanafiyyah safeguards a gullible woman from shrewd men. It says that the waliyy can seek separation through the courts if he feels that the girl has married a wrong man.

502. What is meant by the original words "La tuwa`idu hunna sirran?" According to Abu Mijlaz, Abu Sha`sa, Jabir b. Zayd, Hasan al Basri, Ibrahim Nakha`i, Qatadah, Dahhak, Rabi` b. Anas, Sulayman al Taymi, Muqatil b. Hayyan and Suddi, the meaning is: "Do not commit adultery with them." Ibn Jarir (and on his authority Ibn Kathir also), prefers this meaning. However, Zamakhshari argues that although it is correct that "sirran" normally implies sexual intercourse, here it has been employed in the sense of marriage and hence it will mean, "Do not make marriage promises." This is also the meaning stated in the Jalalayn. Yet, there seems to be room for the meaning commonly adopted by the modern translators viz., "Do not make secret promises," though not as commonly preferred by the classical commentators (Au.).

503. The meaning is that a direct proposal may not be made to a woman in waiting. Rather, one may reveal his intention by saying things like: 'Be of good cheer, you will be taken care of,' or, 'I hope to find a suitable partner for myself and you are a pretty woman,' or say to her guardian, 'Do not forget to talk to me when you receive a proposal for her,' etc. (Ibn `Abbas, Mujahid, Sa`id b. Jubayr: Ibn Jarir, Ibn Kathir). According to Ibrahim Nakha`i, he can even send her gifts (to reveal his intention) Ibn Jarir.