Tafheem ul Quran

Surah 2 Al-Baqarah, Ayat 228-228

وَالۡمُطَلَّقٰتُ يَتَرَ بَّصۡنَ بِاَنۡفُسِهِنَّ ثَلٰثَةَ قُرُوۡٓءٍ ​ؕ وَلَا يَحِلُّ لَهُنَّ اَنۡ يَّكۡتُمۡنَ مَا خَلَقَ اللّٰهُ فِىۡٓ اَرۡحَامِهِنَّ اِنۡ كُنَّ يُؤۡمِنَّ بِاللّٰهِ وَالۡيَوۡمِ الۡاٰخِرِ​ؕ وَبُعُوۡلَتُهُنَّ اَحَقُّ بِرَدِّهِنَّ فِىۡ ذٰ لِكَ اِنۡ اَرَادُوۡٓا اِصۡلَاحًا ​ؕ وَلَهُنَّ مِثۡلُ الَّذِىۡ عَلَيۡهِنَّ بِالۡمَعۡرُوۡفِ​ وَلِلرِّجَالِ عَلَيۡهِنَّ دَرَجَةٌ ​ ؕ وَاللّٰهُ عَزِيۡزٌ حَكِيۡمٌ‏  ﴿2:228﴾

(2:228) Divorced women shall keep themselves in waiting for three menstrual courses and it is unlawful for them, if they believe in Allah and the Last Day, to hide whatever Allah might have created in their wombs. Should their husbands desire reconciliation during this time they are entitled to take them back into wedlock.249

Women have the same rights against their men as men have against them; but men have a degree above them. Allah is All- Powerful, All-Wise.

Notes

249. Jurists disagree about the legal import of this verse. According to some, as long as a woman has not completed her third menstrual period repudiation will not have the effect of irrevocable divorce. This is the view of Abu Bakr, 'Umar, 'Ali, Ibn 'Abbas, Abu Musa al-Ash'arl, Ibn Mas'ud and several distinguished Companions of the Prophet. This is also the accepted doctrine of the Hanafi jurists. On the other hand, another group of jurists is of the view that, as soon as the third monthly period of a woman begins, the husband ceases to have the right to revoke the divorce. This is the view of , 'A'ishah, Ibn 'Umar and Zayd ibn Thabit, and has been accepted by, the Shafi'i and Maliki jurists. It should be clear, however, that this injunction is applicable only when the husband has pronounced single or double divorce. In case of triple divorce, the husband ceases to have the right of revocation. (See Jassas, vol. 1. pp. 364 ff. - Ed.)