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.