2. “Note that in the first instance the Prophet is himself addressed individually, as the Teacher and representative of the Community. Then the actual directions: ‘when ye ... : are addressed to the Community collectively’” (Yusuf Ali)

3. The article “at” is for “li” of the text and is a literal translation; but, as Imam Razi points out, it must be understood in the same sense as in another usage of the Qur’an, “Establish the Prayer at the decline of the sun.”

Or,

“He it is who brought out from their dwellings the unbelievers among the People of the Book at the fist mustering.”

In both the above verses, as well as the one under discussion, the “li” of the text should be understood as “`inda” meaning, during, or at.

4. The textual word for “period” is `iddah. What period is this? Is it the period of menstruation or of cleanliness? A hadith makes this clear (Au.).

Ibn Jarir, Qurtubi and Ibn Kathir quote the following. (It is in Bukhari, Muslim and others).

`Abdullah ibn `Umar divorced his wife while she was in her menstrual cycle. `Umar mentioned it to the Prophet. He was quite upset about it. He said, “Let him take her back and retain her until she becomes clean; then she goes into her next cycle, and becomes clean once again. If at that time he feels that he should divorce her during her period of cleanliness, without having touched her (in that period), then he might divorce her. That is the period that Allah has ordered.”

Ibn Kathir writes: According to the version in Muslim, the Prophet then recited the first verse of this Surah.

This then was the opinion of `Abdullah ibn Mas`ud, Ibn `Umar, Ibn `Abbas, `At a’, Mujahid, Hasan, Ibn S ir in, Qatadah, Maymun b. Mahran, Muqatil b. Hayyan, `Ikrimah and Dahhak.

Accordingly, legal experts have said that there are three types of divorces: (i) the Sunnah divorce (which is above), (ii) the Bid`ah divorce (which is to divorce during the monthly cycle, or after intercourse during the period of cleanliness), or, (iii) divorcing a minor, or a woman in her menopause phase (i.e., does not expect to undergo a monthly cycle).

Ibn Jarir writes: Someone told Ibn `Abbas that he had pronounced a hundred divorces to his wife. He said, “You have disobeyed your Lord. However, your wife is separated from you. You did not fear Allah so that He could show you a way out.” (I.e., you cannot take her back because it was an irrevocable divorce: Au.). According to another report, Ibn `Abbas responded in the same way when someone told him that he had pronounced three divorces in one go.

Qatadah explained the right way: “You wait for her to emerge clean. Then, if you have not touched her, pronounce one divorce. Then you wait for her to enter into her cycle and, after she becomes clean, pronounce the second divorce. Finally, wait for another menstrual cycle and let her emerge clean when you can pronounce your third divorce.”

Now, the question is, is the pronouncement of three divorces in one session allowed? The answer is, says Razi, yes, but it is a sin. Imam Razi presents a hadith to support it. Ibn `Abbas was firmly of the same opinion, as many others were.

There is no difference in opinion among the four schools of thought that if three divorces are pronounced at a time, the woman is irrevocably divorced (Mufti Shafi`).

For further details Fiqh books may be consulted. Nonetheless, due to spread of ignorance, the question of three divorces in one session has been subjected to fresh discussions by the Fuqaha’. Recent Fiqh books and research papers may be consulted for details (Au.).

Ibn Jarir, Qurtubi and Ibn Kathir add: Actually, the Prophet had divorced Hafsa bint `Umar, at one time. But he was told to take her back because she Prayed a lot and fasted much, and who will be his wife in Paradise. So he took her back. The hadith is as follows:

There seem to be more than one version of this hadith, but others are not so trustworthy (Au.).

5. That is, until the end of the term. And the term itself applies to several monthly cycles and states of cleanliness, until the third divorce is pronounced. Until this irrevocable divorce she lives in the same quarters as her husband (Ibn Jarir).

Yusuf Ali writes: “As Islam treats the married woman as a full juristic personality in every sense of the term a married woman has a right, in the married state, to a house or apartment of her own. And a house or apartment implies the reasonable expenses for its upkeep and for her own and her children’s maintenance. And this is obligatory not only in the married state, but during the ‘iddat, which is necessarily a most trying period for the woman. During this period she must not only not be turned out, but it is not decent for her to leave of her own accord, lest the chances of reconciliation should be diminished.”

6. That is, the divorced woman should also not leave the house. If she does, then, she relinquishes the living allowance from her husband (Ibn Jarir).

7. The allusion is to fornication and according to Hasan and Ibn Zayd she will not be expelled except to be stoned to death (Ibn Jarir). That is, her crime has to be proven in the court of Law (Au.). But Ibn Jarir extends it to other obscenities such as a crime that involves capital punishment.

That the allusion is to adultery was the opinion of Ibn Mas`ud, Ibn `Abbas, Sa`eed b. al-Musayyib, Sha`bi, Hasan, Ibn Sirin, Mujahid, `Ikrimah, Sa`id b. Jubayr, Abu Qilabah, Abu Saleh, Dahhak, Zayd b. Aslam, `Ataa al-Khurasani, Suddi, and others (Ibn Kathir).

8. That is, Dahhak, Ibn Zayd, Suddi and others said, maybe Allah will inspire the husband to take her back before the irrevocable divorce is pronounced (Ibn Jarir, Ibn Kathir).

Yusuf Ali explains how one should go about it: “A reconciliation is possible, and is indeed recommended at every stage. The first serious difference between the parties are to be submitted to a family council on which both sides are represented; divorce is not to be pronounced when mutual physical attraction is at an ebb; when it is pronounced, there should be a period of probationary waiting: dower has to be paid and due provision has to be made for many things on equitable terms; every facility has to be given for reconciliation till the last moment, and impediments are provided against hasty impulses leading to rupture. ‘Thou knowest not if perchance Allah will bring about thereafter some new situation.’”

9. That is, before the third irrevocable divorce. The husband may change his mind and retain her. But he should do that honorably and behave in a goodly manner (Ibn Jarir).

10. Alternatively, a husband may decide to send his twice-divorced wife away with her mahr, gifts, etc. (Ibn Jarir).

11. That is, if the woman completes her third `iddah, she is now automatically irrevocably divorced. As for witnesses, the husband is required to bring in two equitable persons to bear witness either to revocation of the divorce after the second divorce, or to his final irrevocable divorce (Ibn Jarir).

12. Yusuf Ali again: “In these very delicate and difficult matters, the wisdom of jurists provides a less satisfactory solution than a sincere

desire to be just and true, which is described as the ‘fear of Allah’. Where such a desire exists, Allah often provides a solution in the most unexpected ways or from the most unexpected quarters; e.g., the worst enemies may be reconciled, or the cry or the smile of an infant baby may heal seemingly irreparable injuries or unite hearts seemingly alienated for ever. And Faith is followed at once by a psychological feeling of rest for the troubled spirit.”

Imam Ahmad has a hadith in this context:

Abu Dharr reports: The Prophet began to recite this verse to me: “and whoever fears Allah, He will find a way out for him”, until he finished reciting it. Then he said, “O Abu Dharr, if the people were to take it (in the right spirit) it would suffice them.” Then he began to recite it and repeat it upon me until I began to slumber. Then he said, “O Abu Dharr, how will you react if you are expelled from Madinah?” I answered, “To the spacious places and peace. I shall travel until I am a pigeon among the pigeons of Makkah.” He said, “How will you react if you are expelled from Makkah?” I answered, “To the spacious places and peace of Syria and the Holy Lands.” He asked, “How will you react if you are expelled from Syria?” I answered, “By Allah, in that case I shall take up the sword.” He said, “Or, maybe something better than that.” I repeated after him, “Or, maybe something better than that.” He said, “Listen and obey, even if it is an Abyssinian slave.”

The report is in the Sahih of Ibn Hibban. Its first half is in Hakim which Dhahabi treated as Sahih; and, as predicted, Abu Dharr was asked to leave Syria because of the consternation he was causing criticizing the wealthy, and had to be sent out to Rabdha (a place outside Madinah) because of the same problem at Madinah (Au.).

One could quote another hadith in this context. It is from Musnad of Ahmad:

On the authority of Thawban, the Prophet said, “Nothing increases one’s life-term but good deeds, nothing can revoke the Divine Decree but supplications; and, a man can be denied providence because of the sins that he commits” (Ibn Kathir).

The above report is also in Sahih of Ibn Hibban, Ibn Majah, and Hakim. Dhahabi agreed with Hakim in declaring it trustworthy (Au.).

Another report on the topic of dependence on Allah is from Ahmad:

The Prophet said, “Whosoever is visited by a pressing need, and he takes it to the people, then it is deserving that the need should not be eased out; but whoever took it to Allah, Allah bestows on him either an immediate provision, or a deferred death” (Ibn Kathir).

This hadith could not be traced in any other major work (Au.).

13. “Our anger and our impatience have to be curbed. Our friends and our mates or associates may seem to us ever so weak and unreasonable, and the circumstances may be ever so disheartening; yet we must trust in Allah. How can we measure our own weakness or perhaps blindness? He knows all. His universal Purpose is always good. His Will must be accomplished, and we should wish for its accomplishment. His ordering of the universe observes a due, just, and perfect proportion” (Yusuf Ali).

14. There are two opinions regarding the words “if you are in doubt.” (i) If you are in doubt about an old woman whether her blood is that of menstruation or is it “istihaadha” (post-menstrual bleeding) .. then their period is .. to the end of the verse and, (ii) The sentence construction is something like this: “If you are in doubt about what should be the `iddah for an old woman or a young one who has not yet menstruated, then, you should know that their `iddah is three months. The latter is the preferred opinion (Ibn Jarir, Ibn Kathir).

15. This applies to both situations: when a man divorces a woman in her pregnancy, or he dies leaving his wife pregnant. In both cases, the waiting period ends with the delivery, even if the delivery takes place a few days after the divorce, or death of the husband. There is consensus of the juristconsults over this issue. There are several ahadith clarifying this. We may present one from the Sahihyan and others:

Miswar reported that Subay`ah’s husband died leaving her pregnant. It was not but a few days when she gave birth. When her bleeding ceased, she received an offer for marriage. She spoke to the Prophet about the proposal. He allowed her, and she got married” (Ibn Kathir).

16. Although provision has not been mentioned along with housing, but it should be obvious that one eats in a house he or she lives in (Shabbir).

17. There is no difference in opinion between the jurists that a pregnant woman – if divorced - has to be provided with food and shelter by the former husband, until she delivers. But, what if three divorces have been pronounced, (or she has obtained a khul`) and she is not pregnant? Does she get the living allowance? Here there is disagreement. According to Imam Shafe`i and Ahmad, a woman divorced thrice in a single session, does not deserve the living quarters and food expenses. But, according to Imam Abu Haneefah, it is an obligation on the husband – until termination of the woman’s `iddah (Mufti Shafi` Deobandi).

Those who believe that a thrice-divorced woman does not deserve food and housing, depend on the following widely reported hadith of Muslim, Abu Da’ud, Nasa’i and others:

Fatimah bint Qays reported that Abu `Amr b. Hafs of the Makhzum tribe pronounced three divorces. Khalid b. al-Waleed went up to see the Prophet along with a few Makhzumis and told him, “Messenger of Allah. Abu `Amr b. Hafs has divorced Fatimah thrice. Does she get the living allowance?” He answered, “She gets neither provision nor housing” (Ibn Jarir, Qurtubi, Ibn Kathir and others).

Other reports add the detail that she was offered food allowance but she thought it was inadequate and hence had to complain to the Prophet (Au.).

However, when a similar situation arose during `Umar’s caliphate, and he was told of Fatima’s hadith, he refused to accept her report. He said, “We cannot abandon Allah’s Book and the Prophet’s Sunnah because of a single woman’s report.” (Badrudin `Ayni adds: According to other reports, Umar said, “A report about which we do not know how much she remembered and how much she forgot.” Yet another report added that he said, “Let her bring forth two equitable witnesses, otherwise we do not abandon Allah’s Book and the Prophet’s Sunnah,” and he recited this ayah: Au.). By Sunnah, `Umar was perhaps referring to his own hadith, now in Tabarani, wherein he reported, “I have heard the Prophet declare food and housing as an obligation on the husband in case of tripple divorces” (Mufti Shafi`).

Moreover, Fatimah bint Qays’ case seems to have been a special one. Firstly, reports say that she had actually been offered provision but she thought it was too low. (In fact, according to some reports she was angry at the offer: Au.). Perhaps when the Prophet told her that she gets no provision, he meant over and above what she had already been offered. Secondly, and with regard to housing, reports suggest that she was somewhat of a sharp-tongued woman and her in-laws had a tough time dealing with her. Therefore, the Prophet told her, “you have no housing.” Now, if she did not get housing with her in-laws, then allowance went with it. Indeed, the rule is, if a woman leaves her housing on her own accord, she loses the right to provision (Shabbir).

18. That is, even after the woman has left her husband’s house, the divorced wife has the first right to suckle her child, but has to be paid for the suckling (Ibn Jarir), and, even if the child is suckled by another woman, it cannot be separated from the mother (Mufti Shafi`).

19. That is, if both are unreasonable with each other, creating problems (she demanding high, or he offering low), then, let the child be suckled by another woman, (who of course does it voluntarily, or is paid: Au.). The mother cannot be forced to breast-feed (Ibn Jarir).

20. Sayyid reviews the laws, commandments and injunctions for women and concludes: “It was not in the Arab world alone that a woman suffered variety of injustices, was deprived of every right, and was treated as a chattel. Her condition was no better, if not worse, in the rest of the world. (Even as late as 700 years after Islam, it was possible in Britain for a woman to be tide up to a horse and moved about forcibly: Au.). In the European religious circles she was treated as something unclean and no less than Satan. Taking her from there, Islam raised her to the lofty position about which we have spoken in above lines. Islam raised her to a high position, giving her rights unheard of before. She was now an infant that could not be buried alive or humiliated; a respectable lady – previously married or virgin - who could not be married off without her consent, a wife who had the law guaranteeing her upkeep, a divorcee whose rights were firmly stated as in this chapter and in Surah Al-Baqarah.

“Islam gave her all this not because women in the Arabian Peninsula, or anywhere in the world, realized that they were being maltreated, not because the conscience of males over the world felt any pain on her account, not because women had an Arab or international union seeking rights and justice, or because women had entered into parliaments and senates demanding better treatment, or a voice from anywhere in the world spoke on their behalf; but rather, it was Islam: a heavenly law, a heavenly justice and the Divine Will, that had decided that that humans, men and women, should be raised to a new and higher level of honor and respect.”

Ibn Kathir writes: Ahmad has preserved a hadith for us. It says,

A man entered upon his family, but when he saw how much in want they were, he left for the outskirts. When his wife saw this, she placed the grinder on the hand-mill stone and went up to the oven and lighted it. Then she said, “O Allah feed us.” Then, as she looked at the bowl, lo, it was full. She went up to the oven and found it full. Later, her husband returned and asked, “Did you find something?” She said, “Yes – from our Lord. He set right the mill-stone.” This was mentioned to the Prophet. He remarked, “If you had not lifted it (the millstone), it would have kept going round (yielding) until the Judgment Day.”

Haythamiyy treated the above report as trustworthy.

And, it was the habit of the Companions to conceal their personal virtues. It would be quite interesting to find out whether it was not an incident involving Abu Hurayrah himself. But major Hadith books and their commentaries are quiet about it (Au.).