Surah 2. Al-Baqarah

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Verses [Section]: 1-7[1], 8-20 [2], 21-29 [3], 30-39 [4], 40-46 [5], 47-59 [6], 60-61 [7], 62-71 [8], 72-82 [9], 83-86 [10], 87-96 [11], 97-103 [12], 104-112 [13], 113-121 [14], 122-129 [15], 130-141 [16], 142-147 [17], 148-151 [18], 152-163 [19], 164-167 [20], 168-176 [21], 177-182 [22], 183-188 [23], 189-196 [24], 197-210 [25], 211-216 [26], 217-221 [27], 222-228 [28], 229-231 [29], 232-235 [30], 236-242 [31], 243-248 [32], 249-253 [33], 254-257 [34], 258-260 [35], 261-266 [36], 267-273 [37], 274-281 [38], 282-283 [39], 284-286 [40]

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Quran Text of Verse 229-231اَلطَّلَاقُThe divorceمَرَّتٰنِ ۪(is) twiceفَاِمْسَاكٌۢThen to retainبِمَعْرُوْفٍin a reasonable mannerاَوْorتَسْرِیْحٌۢto release (her)بِاِحْسَانٍ ؕwith kindnessوَ لَاAnd (it is) notیَحِلُّlawfulلَكُمْfor youاَنْthatتَاْخُذُوْاyou take (back)مِمَّاۤwhateverاٰتَیْتُمُوْهُنَّyou have given them (wives)شَیْـًٔاanythingاِلَّاۤexceptاَنْifیَّخَافَاۤboth fearاَلَّاthat notیُقِیْمَاthey both (can) keepحُدُوْدَ(the) limitsاللّٰهِ ؕ(of) AllahفَاِنْBut ifخِفْتُمْyou fearاَلَّاthat notیُقِیْمَاthey both (can) keepحُدُوْدَ(the) limitsاللّٰهِ ۙ(of) Allahفَلَاthen (there is) noجُنَاحَsinعَلَیْهِمَاon both of themفِیْمَاin whatافْتَدَتْshe ransomsبِهٖ ؕconcerning itتِلْكَTheseحُدُوْدُ(are the) limitsاللّٰهِ(of) Allahفَلَاso (do) notتَعْتَدُوْهَا ۚtransgress themوَ مَنْAnd whoeverیَّتَعَدَّtransgressesحُدُوْدَ(the) limitsاللّٰهِ(of) Allahفَاُولٰٓىِٕكَthen thoseهُمُtheyالظّٰلِمُوْنَ (are) the wrongdoers فَاِنْThen ifطَلَّقَهَاhe divorces her (finally)فَلَاthen (she is) notتَحِلُّlawfulلَهٗfor himمِنْۢfromبَعْدُafter (that)حَتّٰیuntilتَنْكِحَshe marriesزَوْجًاa spouseغَیْرَهٗ ؕother than himفَاِنْThen ifطَلَّقَهَاhe divorces herفَلَاthen noجُنَاحَsinعَلَیْهِمَاۤon themاَنْifیَّتَرَاجَعَاۤthey return to each otherاِنْifظَنَّاۤthey believeاَنْthatیُّقِیْمَاthey (will be able to) keepحُدُوْدَ(the) limitsاللّٰهِ ؕ(of) Allahوَ تِلْكَAnd theseحُدُوْدُ(are the) limitsاللّٰهِ(of) AllahیُبَیِّنُهَاHe makes them clearلِقَوْمٍto a peopleیَّعْلَمُوْنَ who know 2. Al-Baqarah Page 37وَ اِذَاAnd whenطَلَّقْتُمُyou divorceالنِّسَآءَthe womenفَبَلَغْنَand they reachاَجَلَهُنَّtheir (waiting) termفَاَمْسِكُوْهُنَّthen retain themبِمَعْرُوْفٍin a fair mannerاَوْorسَرِّحُوْهُنَّrelease themبِمَعْرُوْفٍ ۪in a fair mannerوَّ لَاAnd (do) notتُمْسِكُوْهُنَّretain themضِرَارًا(to) hurtلِّتَعْتَدُوْا ۚso that you transgressوَ مَنْAnd whoeverیَّفْعَلْdoesذٰلِكَthatفَقَدْthen indeedظَلَمَhe wrongedنَفْسَهٗ ؕhimselfوَ لَاAnd (do) notتَتَّخِذُوْۤاtakeاٰیٰتِ(the) Versesاللّٰهِ(of) Allahهُزُوًا ؗ(in) jestوَّ اذْكُرُوْاand rememberنِعْمَتَ(the) Favorsاللّٰهِ(of) Allahعَلَیْكُمْupon youوَ مَاۤand whatاَنْزَلَ(is) revealedعَلَیْكُمْto youمِّنَofالْكِتٰبِthe Bookوَ الْحِكْمَةِand the wisdomیَعِظُكُمْHe instructs youبِهٖ ؕwith itوَ اتَّقُواAnd fearاللّٰهَAllahوَ اعْلَمُوْۤاand knowاَنَّthatاللّٰهَAllah (is)بِكُلِّof everyشَیْءٍthingعَلِیْمٌ۠All-Knower

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Translation of Verse 229-231

(2:229) Divorce can be pronounced twice: then, either honourable retention or kindly release should follow.²⁵⁰

(While dissolving the marriage tie) it is unlawful for you to take back anything of what you have given to your wives²⁵¹ unless both fear that they may not be able to keep within the bounds set by Allah. Then, if they fear that they might not be able to keep within the bounds set by Allah, there is no blame upon them for what the wife might give away of her property to become released from the marriage tie.²⁵² These are the bounds set by Allah; do not transgress them. Those of you who transgress the bounds set by Allah are indeed the wrong-doers.

(2:230) Then, if he divorces her (for the third time, after having pronounced the divorce twice), she shall not be lawful to him unless she first takes another man for a husband, and he divorces her.²⁵³ There is no blame upon them if both of them return to one another thereafter, provided they think that they will be able to keep within the bounds set by Allah. These are the bounds of Allah which He makes clear to a people who have knowledge (of the consequences of violating those bounds).

(2:231) And so, when you divorce women and they reach the end of their waiting term, then either retain them in a fair manner or let them go in a fair manner. And do not retain them to their hurt or by way of transgression; whosoever will do that will indeed wrong himself.²⁵⁴

Do not take the Signs of Allah in jest and remember Allah’s favour upon you. He exhorts you to revere the Book and the Wisdom that He has sent down upon you.²⁵⁵ Fear Allah, and know well that Allah has full knowledge of everything.

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Commentary

250. This little verse aims at the reform of a serious evil that was rampant in the social life in pre-Islamic Arabia. According to the customary law of Arabia, a person was entitled to pronounce any number of divorces upon his wife. As a result divorce was resorted to at the least provocation and annoyance. In addition, the husband often exercised his right to revoke the divorce he had pronounced with the result that the poor wife could neither live with him in happiness nor free herself to contract a fresh marriage with someone else. Here the Qur'an seeks to shut the door on this injustice. According to this verse, a man may pronounce revocable divorce upon his wife not more than twice. Should he pronounce divorce for the third time after revoking it twice, the wife will be permanently alienated from him.

The appropriate procedure for divorce, according to the Qur'an and Hadith, is that a person should pronounce one divorce outside the time of the wife's menstrual period. After the first divorce he may pronounce a second in the next clear period if he wants to, though it is preferable that he should confine himself to pronouncing the first. In this case the husband retains the right to revoke the divorce at any time before the lapse of the period of waiting ('iddah) even if the period of waiting has lapsed, the couple have the right to recontract the marriage by mutual consent. If the husband, however, pronounces divorce in his wife's third clear period he has no right to revoke the divorce, and the spouses are not entitled to recontract the marriage. The pronouncing of triple divorce in one session is a highly sinful act according to the Law, and the Prophet has strongly denounced it. (See Nasii, 'Talaq', 6 - Ed.) It has even been established that 'Umar used to flog those who pronounced triple divorce in one session. Although this procedure of divorce is considered sinful, the founders of the four legal schools consider it to have legal effect, with the result that such divorce, in their view, becomes absolutely irrevocable.

251. This refers to the mahr (bridal gift) and the jewellery, clothes and so on which the husband offers as a gift to his wife, and to which he has no right of reclaim. It is, indeed, normally inconsistent with Islamic ethics that a person should reclaim anything he has made over to another by way of donation or gift. In the Hadith this disgraceful act is likened to a dog licking its own vomit. (See Bukhari, 'Hibah', 30; Nasiii, 'Hibah', 3, etc. - Ed.)

In the case of a husband, in particular, it is a matter of the utmost disgrace that, at the time of saying farewell to his divorced wife he should try to dispossess her of what he had once given her out of his own goodwill. On the contrary, the morals that Islam seeks to cultivate require that at the time of parting the husband ought to present her with a farewell gift. See (verse 241 below.)

252. In the terminology of Islamic Law this is known as khul', i.e. a woman's securing the annulment of her marriage through the payment of some compensation to her husband. Whatever settlement is made between a husband and wife should come into effect. If the matter is referred to the court, however, it will investigate only whether the wife has really become too disgusted with the husband to put up with him. (For the Traditions on the basis of which the author concludes this see the commentaries on this verse in Ibn Kathir and Qurtubi, see especially the latter, vol. 2, pp. 946-8 - Ed.) Once this is determined the court is entitled to fix the amount of payment incumbent on the wife as compensation for the repudiation of her marriage, and the husband will be bound to accept that amount and divorce his wife. In general, the jurists believe that the payment, thus fixed, should not be higher than the original mahr paid by the husband.

The divorce that comes into effect is irrevocable and brings separation into effect immediately. Since the woman has paid compensation, she has in effect purchased the right of repudiation and the husband, therefore, has ceased to have the right to revoke the divorce. If, however, the spouses agree to recontract marriage, they may do so.

According to the majority of jurists the period of waiting under khul' is the same as under divorce. However, there are several Traditions in Abu Da'ud, Tirmidhi, Ibn Majah, etc., which show that the Prophet fixed the period of waiting at one menstrual period, and that 'Uthman applied this in a case which he decided. (See Ibn Kathir's commentary on the verse.)

253. It is known from authentic Traditions that it is totally illegitimate for a person to arrange the marriage of his divorced wife with someone else on the understanding that the latter will divorce her to make it possible for the former husband to recontract marriage with that woman. Such trickery would in fact be an act of sheer sexual corruption and would not render the woman liable to remarriage with her former husband. According to a Tradition transmitted from 'Ali, Ibn Mas'ud, Abu Hurayrah and 'Uqbah ibn 'Amir, the Prophet pronounced his curse on those who arrange, as well as on those who agree to contract, such fictitious marriages. (See Muslim. 'Talaq', l5, 71; Nasa'i, 'Talaq', 8; Ahmad b. Hanbal, Musnad, vol. 1, P. 314 and vol. 5, p. 334; Al-Muwatta', 'Talaq', 27; Abu Da'ud. 'Talaq'. 10 - Ed.)

254. It is absolutely improper that a person should revoke the divorce he pronounced on his wife before the lapse of the period of waiting merely in order to use this revocation as a pretext to harass and torment her . God commands that if a person revokes the divorce this decision should be prompted by a sincere desire to live together amicably. Should that intention be lacking, it is better to part company in a graceful manner see further( n. 250 above).

255. Muslims should not forget that by teaching them the Book and Wisdom, God entrusted them with the glorious task of guiding the world. They should also not forget that they were appointed the 'community, of the middle way' and appointed as witnesses to good and righteousness see (verse 143 above). It does not become them, therefore, to indulge in sophistry and to play with the verses of the Book of God, to exploit the words of the Law to their advantage in achieving ends counter to its spirit, and to slump into injustice and other evil behaviour instead of directing the world to the Right Way.