238. The Arabic word adha denotes both a state of ritual impurity and sickness. Menstruation is not merely an impurity, but also a state in which the woman is closer to sickness than to health.

239. With regard to matters such as these the Qur'an resorts to metaphors and figurative language. Hence it instructs men not to approach women. This does not mean that people should either abstain from sitting together on the same floor or eating together when a woman has her monthly period making her virtually an untouchable, as has been the custom among the Jews, Hindus and certain other nations. The explanation of this injunction by the Prophet makes it clear that during this period men are only required to abstain from sexual intercourse; no change is postulated in other relationships, and the woman is to be treated in the normal way. (See, for instance, Bukhari, 'Hayd', 10, 'Itikaf', 2-4, 10, 19; Muslim, 'Hayd', 6-13; Abu Da'ud, 'Taharah', 102, 106 - Ed.)

240. The 'command' of God mentioned here is not a formal legal injunction from God, but that inherent urge with which the nature of both men and animals has been imbued and which is apprehended instinctively.

(The verse means, therefore, that after the end of the menstrual course people may again engage in sexual intercourse - Ed.)

241. That is, God's purpose in the creation of women is not merely to provide men with recreation. Their mutual relationship is like that between a farmer and his tilth. A farmer approaches his field not just for the sake of pleasure, but to acquire produce. Similarly, man ought to approach the tilth of the human race with the purpose of acquiring produce, that is, offspring. What is of concern to the Law of God is not the particular mode of cultivating one's tilth, but rather that one should go only to one's tilth and not elsewhere, and that one should go there for the purpose of cultivation.

242. These words are susceptible to two meanings. First, that a person should try to maintain the continuity of the human race so that when he departs from this world there should be others to replace him in his tasks. Second, that one should be concerned with the quality of the coming generation, i.e., how far it is endowed with religious devotion, moral excellence and humanity, and that one should do all that is possible to promote these qualities. The latter part ot the verse contains the warning that those who deliberately neglect these two duties will he severely taken to task by God.

243. Authentic Traditions indicate that if a person takes a vow and discovers later that righteousness and common good are best served by breaking that vow then he should do so. Expiation consists in either feeding or providing clothes for ten poor people, or setting free a slave, or fasting for three days (see 5: 89).

244. This refers to oaths which one utters either through habit or without any intent and purpose. The breach of such vows neither entails expiation nor makes man liable to God's reproach.

245. In the legal terminology of Islam this is known as ila'. It is obvious that harmony and cordiality do not always prevail in matrimonial life. There are occasions when strains and tensions develop, leading to discord and estrangement. But the Law of God does not approve of that discord which causes a husband and wife, who are legally tied to one another in matrimony, to remain for all practical purposes alienated from one another as if they had ceased to be spouses. For this kind of abnormal discord and estrangement God has fixed a limit of four months during which the spouses are required either to settle their difference, or to break the tie of wedlock so that each becomes free to contract marriage with someone with whom a harmonious matrimonial relationship appears more likely.

Since the verse mentions 'taking a vow', the Hanafi and Shafi'i jurists consider the injunction to be applicable only when a husband has taken a vow not to have sexual relations with his wife. According to them, the injunction does not apply if the husband merely forsakes sexual relations with his wife without taking any vow to that effect. The Maliki jurists are, however, of the opinion that irrespective of whether a person has taken a vow, the maximum permissible limit for abstaining from sexual relations in wedlock is four months. A statement to that effect is also attributed to Ahmad b. Hanbal. (See Ibn Rushd, Bidayat al-Mujtahid, vol. 2, pp. 98 ff. - Ed.)

According to 'Ali, Ibn Abbas and Hasan al-Basri, this injunction is related to the cessation of sexual relations as a result of unpleasantness in the relationship of the spouses. It would not apply, however, if a husband were to decide to abandon sexual relations with his wife out of some beneficial consideration - say because the wife is breastfeeding - at a time when their relationship was pleasant. According to other jurists, however, any vow which prevents sexual intercourse between a husband and wife is ila', and ought not to last longer than four months irrespective of the state of the matrimonial relationship when it was taken. (See Jassas, Ahkam al-Qur'an, vol. 1, pp. 355 ff - Ed.)

246. Some jurists have interpreted this verse to signify that if the spouses break their vow and re-establish sexual relations they will not be liable to any expiation and will be pardoned by God gratuitously. However, the majority of jurists are of the opinion that they, are required to expiate. The statement that God is Oft-Forgiving and Merciful does not mean that God has forgiven them. It means rather that God will accept their expiation and will forgive them for whatever excesses they may have committed against each other.

247. According to 'Uthman, Ibn Mas'ud, Zayd ibn Thabit and others the limit for the restoration of matrimonial relations is four months. The mere termination of that period proves that the husband has decided to repudiate the marriage and so divorce automatically ensues. It will be reckoned as an irrevocable (ba'in) repudiation. This means that separation between the spouses will come into force and the husband will not have the right to revoke it during the period of waiting ('iddah). The two parties will, however, have the right to recontract marriage by mutual consent. Statements from 'Umar, 'Ali, Ibn 'Abbas, and also a statement from Ibn 'Umar, have been reported in support of this doctrine and have been accepted by the Hanafi jurists as the basis of their doctrine.

Sa'id ibn al-Musayyib, Makhul, Zuhri,. and some other early jurists agree with this doctrine to the extent that divorce comes into force after four months. But they consider that the husband may revoke it during the period of waiting; and even after the lapse of that period the spouses may recontract marriage by mutual consent.

However, 'A'ishah, Abu al-Darda' and the majority of the jurists of Madina are opposed to this opinion and hold that after four months the matter should be placed before the court when the judge will order the husband either to resume matrimonial relations with his wife or divorce her. Statements from 'Umar and 'Ali as well as a statement from Ibn 'Umar have come down in support of this doctrine. This opinion has been accepted by Malik and Shafi'i. (See Jassas, vol. 1, pp. 359 f. - Ed.)

248. That is, if a man has abandoned his wife on unreasonable grounds, he should not feel secure from the wrath of God for He is not unaware of the excesses that he may have committed.