Tafheem ul Quran
Surah 2 Al-Baqarah, Ayat 232-235
وَاِذَا طَلَّقۡتُمُ النِّسَآءَ فَبَلَغۡنَ اَجَلَهُنَّ فَلَا تَعۡضُلُوۡهُنَّ اَنۡ يَّنۡكِحۡنَ اَزۡوَاجَهُنَّ اِذَا تَرَاضَوۡا بَيۡنَهُمۡ بِالۡمَعۡرُوۡفِؕ ذٰ لِكَ يُوۡعَظُ بِهٖ مَنۡ كَانَ مِنۡكُمۡ يُؤۡمِنُ بِاللّٰهِ وَالۡيَوۡمِ الۡاٰخِرِؕ ذٰ لِكُمۡ اَزۡکٰى لَـكُمۡ وَاَطۡهَرُؕ وَاللّٰهُ يَعۡلَمُ وَاَنۡـتُمۡ لَا تَعۡلَمُوۡنَ
﴿2:232﴾
وَالۡوَالِدٰتُ يُرۡضِعۡنَ اَوۡلَادَهُنَّ حَوۡلَيۡنِ كَامِلَيۡنِ لِمَنۡ اَرَادَ اَنۡ يُّتِمَّ الرَّضَاعَةَ ؕ وَعَلَى الۡمَوۡلُوۡدِ لَهٗ رِزۡقُهُنَّ وَكِسۡوَتُهُنَّ بِالۡمَعۡرُوۡفِؕ لَا تُكَلَّفُ نَفۡسٌ اِلَّا وُسۡعَهَا ۚ لَا تُضَآرَّ وَالِدَةٌ ۢ بِوَلَدِهَا وَلَا مَوۡلُوۡدٌ لَّهٗ بِوَلَدِهٖ وَعَلَى الۡوَارِثِ مِثۡلُ ذٰ لِكَ ۚ فَاِنۡ اَرَادَا فِصَالًا عَنۡ تَرَاضٍ مِّنۡهُمَا وَتَشَاوُرٍ فَلَا جُنَاحَ عَلَيۡهِمَا ؕ وَاِنۡ اَرَدْتُّمۡ اَنۡ تَسۡتَرۡضِعُوۡٓا اَوۡلَادَكُمۡ فَلَا جُنَاحَ عَلَيۡكُمۡ اِذَا سَلَّمۡتُمۡ مَّآ اٰتَيۡتُمۡ بِالۡمَعۡرُوۡفِؕ وَاتَّقُوا اللّٰهَ وَاعۡلَمُوۡٓا اَنَّ اللّٰهَ بِمَا تَعۡمَلُوۡنَ بَصِيۡرٌ
﴿2:233﴾
وَالَّذِيۡنَ يُتَوَفَّوۡنَ مِنۡكُمۡ وَيَذَرُوۡنَ اَزۡوَاجًا يَّتَرَبَّصۡنَ بِاَنۡفُسِهِنَّ اَرۡبَعَةَ اَشۡهُرٍ وَّعَشۡرًا ۚ فَاِذَا بَلَغۡنَ اَجَلَهُنَّ فَلَا جُنَاحَ عَلَيۡكُمۡ فِيۡمَا فَعَلۡنَ فِىۡٓ اَنۡفُسِهِنَّ بِالۡمَعۡرُوۡفِؕ وَاللّٰهُ بِمَا تَعۡمَلُوۡنَ خَبِيۡرٌ
﴿2:234﴾
وَلَا جُنَاحَ عَلَيۡكُمۡ فِيۡمَا عَرَّضۡتُمۡ بِهٖ مِنۡ خِطۡبَةِ النِّسَآءِ اَوۡ اَکۡنَنۡتُمۡ فِىۡٓ اَنۡفُسِكُمۡؕ عَلِمَ اللّٰهُ اَنَّكُمۡ سَتَذۡكُرُوۡنَهُنَّ وَلٰـكِنۡ لَّا تُوَاعِدُوۡهُنَّ سِرًّا اِلَّاۤ اَنۡ تَقُوۡلُوۡا قَوۡلًا مَّعۡرُوۡفًا ؕ وَلَا تَعۡزِمُوۡا عُقۡدَةَ النِّکَاحِ حَتّٰى يَبۡلُغَ الۡكِتٰبُ اَجَلَهٗ ؕ وَاعۡلَمُوۡٓا اَنَّ اللّٰهَ يَعۡلَمُ مَا فِىۡٓ اَنۡفُسِكُمۡ فَاحۡذَرُوۡهُ ؕ وَاعۡلَمُوۡٓا اَنَّ اللّٰهَ غَفُوۡرٌ حَلِيۡمٌ
﴿2:235﴾
(2:232) When you divorce women and they have completed their waiting term
do not hinder them from marrying other men if they have agreed to this in a
fair manner.256
That is an admonition to everyone of you who believes in Allah and the Last
Day; that is a cleaner and purer way for you. For Allah knows whereas you do
not know. (2:233) If they (i.e. the fathers) wish that the period of suckling for their
children be completed, mothers may suckle their children for two whole years.257
(In such a case) it is incumbent upon him who has begotten the child to provide
them (i.e. divorced women) their sustenance and clothing in a fair manner. But
none shall be burdened with more than he is able to bear; neither shall a mother
suffer because of her child nor shall the father be made to suffer because he
has begotten him. The same duty towards the suckling mother rests upon the heir258
as upon him (i.e. the father). And if both (the parents) decide, by mutual consent
and consultation, to wean the child, there is no blame on them; if you decide
to have other women suckle your children there is no blame upon you, provided
you hand over its compensation in a fair manner. Fear Allah and know well that
Allah sees all that you do. (2:234) The wives of men who have died must observe a waiting period of four
months and ten days;259 when they have reached the end of the waiting
term, there is no blame upon you regarding what they may do with themselves
in a fair manner. Allah is well aware of what you do. (2:235) There is no blame upon you whether you hint at a marriage proposal
to such women or keep the proposal hidden in your hearts. Allah knows that you
will think of them in that connection. But do not make any secret engagement
with them and speak openly in an honourable manner. Do not resolve on the marriage
tie until the ordained term has come to its end. Know well that Allah knows
even what is in your hearts. So, have fear of Him and know well that Allah is
All-Forgiving, All-Forbearing.
Notes
256. This is a directive to the relatives of the divorced woman. When a woman
is divorced by her husband and he fails to revoke the divorce before the expiry
of the waiting period, the relatives of the woman should not try to prevent
the couple from re-marrying if they agree to do so. This verse may also be interpreted
to mean that if a divorced woman wants to contract marriage with someone other
than her former husband after the expiry of the waiting period, the former husband
should not obstruct this marriage by making malicious propaganda against the
woman he has forsaken.
That is an admonition to every one of you who believes in Allah and the Last
Day; that is a cleaner and purer way for you. For Allah knows whereas you do
not know.
257. This injunction applies to the condition where the couple have separated
either because of divorce, or klul' see
(n. 252 above) or ' faskh (annulment)
or tafriq (repudiation as a result of judicial decision) and the woman is nursing
a child.
258. That is, if the father dies, whoever replaces him as the guardian of
the child will be responsible for fulfilling this claim.
259. The waiting period owing to the death of the husband is obligatory even
for a woman with whom consummation of marriage has not taken place. A pregnant
woman, however, is exempted from this. Her waiting period expires the husband's
death and the childbirth is less than the waiting period prescribed by Law.
'To observe a waiting period' does not mean merely that they should refrain
from marrying, but also from self-adornment.
Hence we find categorical directives in the Hadith that a widow should neither
wear colourful and showy dresses and jewellery, make use of henna, kohl, and
perfumes, nor set her hair in an attractive style. There is disagreement, however,
as to whether the widow may go out of her house during the waiting period. 'Umar,
'UthmaAn, Ibn 'Umar, Zayd ibn Thabit, Ibn Mas'uid, Ummn Salamah, Said ibn al-Musayyib,
Ibrahim al-Nakha'i, Muhammad ibn Sirin and the founders of the four legal schools
are of the opinion that during the waiting period a woman should stay in the
house in which her husband died. During the daytime she may go out to do necessary
errands, but her residence should be her own home. On contrary, 'A'ishah, Ibn
'Abbas, 'Ali, Jabir ibn 'Abd Allah. 'Ata'. Ta'us, Hasan al-Basri. 'Umar ibn'Abd
al'Aziz and the Zahiris are of the opinion that a widow may spend her waiting
period wherever she likes, and may even go on journeys. (See the commentary
on the verse in JassAs. vol. 1, pp. 418 f. - Ed.)