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.)