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ٱلطَّلَٰقُ مَرَّتَانِ ۖ فَإِمْسَاكٌۢ بِمَعْرُوفٍ أَوْ تَسْرِيحٌۢ بِإِحْسَٰنٍ ۗ وَلَا يَحِلُّ لَكُمْ أَن تَأْخُذُوا۟ مِمَّآ ءَاتَيْتُمُوهُنَّ شَيْـًٔا إِلَّآ أَن يَخَافَآ أَلَّا يُقِيمَا حُدُودَ ٱللَّهِ ۖ فَإِنْ خِفْتُمْ أَلَّا يُقِيمَا حُدُودَ ٱللَّهِ فَلَا جُنَاحَ عَلَيْهِمَا فِيمَا ٱفْتَدَتْ بِهِۦ ۗ تِلْكَ حُدُودُ ٱللَّهِ فَلَا تَعْتَدُوهَا ۚ وَمَن يَتَعَدَّ حُدُودَ ٱللَّهِ فَأُو۟لَٰٓئِكَ هُمُ ٱلظَّٰلِمُونَ
2:228.
2:232; 4:130; 65:3.
这节经文含有对离婚第五种约制。如果丈夫想和妻子离异, 他必须在三个不同时期声明离婚, 每次在她个别的洁净时期中并没有和她同过房, 在同一时期声明两次或三次离婚, 是不准许的。这在 مَرَّتَان (Marratan, 两次) 这一字中可以看出。这字的意思是, 发生在两个不同时期的一件事情, 而不是发生在同一时间的两件事情。穆圣把这种同一时间的集中声明, 不管几次, 都只作一次离婚声明看待 (تِرْمِذِی与داؤد)。根据纳萨伊 (نَسَائِی) 说, 有一天穆圣听到有人在同一时间内作了三次离婚声明, 非常生气地说, “在我还在你们中间时, 就把安拉的经典当儿戏吗?” 在第一和第二次声明离婚后, 丈夫在 عِدَّة (‘Iddat), 既等候时期内, 不论经过或不经过妻子的同意, 都可以召回离了婚的妻子; 但是等候时期过了以后, 他要经过她的同意而且要重新娶她才能收回。在第三次离婚后, 丈夫就丧失了这种权利, 这对夫妻就最终离异了。穆圣的一个伙伴有一次问他说, “«古兰经» 在这里只谈了两次离婚, 第三次离婚在什么地方?” 穆圣向他提到 “以厚道的做法辞离她们” 这句话, 意思是说, 第一和第二次离婚之后, 丈夫可以保留并且可以再娶她, 如果她也同意结婚的话; 但是如果他要最后离异的话, 他应与她离婚, 即第三次离婚 {جَرِيْر (Jarir) 与 مُسْنَد (Musnad)}。这一点在下一节经文中还要进一步说明。这样, 这里的 تَسْرِيْح (Tasrih) 这个字意为 طَلَاق (Talaq), 即离婚。
一个人和他的妻子离婚后, 他就丧失了他已给她的嫁妆 (办嫁妆的钱); 如果在离婚时他还没有给过她嫁妆, 在正式离婚之前, 他必须给她那笔钱。而且, 他不准许取回作为馈赠或礼物而给她的任何东西。
不过, 如果提出离婚的是女方, 法律上称为 خُلْع (khul‘), 她必须通过 قَاضِیْ (Qadi) 即法官, 正如 “你们 (双方) 害怕” 这几个字所暗示的那样。在这种情况下, 她必须归还男方全部或部分嫁妆以及男方过去送给她的礼品, 这要双方议定或由法官决定。盖斯•彬•撒比特 (قَيْس بِنْ ثَابِتْ, Qais bin Thabit) 的妻子杰米拉 (جَمِيْلَة, Jamilah) 那个案例提供了妇女行使 خُلْع 权的一个很好的实际说明。她要求和丈夫盖斯离婚, 理由是她不喜欢他, 也就是说, 他们性格不合, 不能相处在一起。穆圣给了他 خُلْع 的许可, 但是她必须把他给她的果园还给他 (布哈理)。
عام طور پر اس زمانہ کے علماء یہ سمجھتے ہیں کہ جس نے تین دفعہ طلاق کہہ دیا اس کی طلاق بائن ہو جاتی ہے یعنی اس کی بیوی اس سے دوبارہ اس وقت تک شادی نہیں کر سکتی جب تک کسی اور سے نکاح نہ کر لے مگر یہ غلط ہے کیونکہ قرآن کریم میں صاف فرمایا گیا ہے اَلطَّـلَا قُ مَرَّتٰنِ یعنی وہ طلاق جو بائن نہیں وہ دو دفعہ ہو سکتی ہے اس طور پر کہ پہلے مرد طلاق دے پھر یا تو طلاق واپس لے لے اور رجوع کرے یا عدت گزرنے دے اور نکاح کرے۔ پھر اَن بَن کی صورت میں دوبارہ طلاق دے۔ پس ایسی طلاق کا دو دفعہ ہونا تو قطعی طور پر ثابت ہے۔ پس ایک ہی دفعہ تین یا تین سے زیادہ بار طلاق کہہ دینے کو بائن قرار دین
تمہیں یعنی ملتِ اسلامیہ یا اسلام پر ایمان رکھنے والی حکومت کو۔
اِنْ خِفْتُمْ میں بتایا گیا ہے کہ اگر محکمہ قضا اس بات کا فیصلہ کرے کہ عورت خاوند کے پاس رہنے کے لئے راضی نہیں اور اس کی نارضا مندی کی وجہ سے مرد بھی عدل نہ رکھ سکے گا‘ تو عورت اگر کچھ دینا چاہے تو مرد کو اجازت ہے کہ کچھ مال لیکر اسے طلاق دے دے۔ لیکن وہ صرف اتنا ہی مال لے سکتا ہے جتنا اس نے خود دیا ہو اور کچھ نہیں۔
2:232; 4:130; 65:3.
This verse contains the fifth check on divorce. A man who seeks separation from his wife must pronounce divorce on three separate occasions, each in a separate period of purity when he has not gone in unto her during that period. The pronouncement of divorce twice or thrice at one and the same time is not permissible as is hinted in the word Marratan (twice) which signifies a thing happening on two separate occasions and not two things happening at one and the same time. The Holy Prophet treated such collective pronouncements, whatever their number, as only one divorce (Tirmidhi & Dawud). According to Nasa’i, the Holy Prophet was extremely angry when one day he was told that a person had made all the three pronouncements of divorce at one and the same time and said, "Is the Book of God going to be made a plaything while I am yet among you?" After the pronouncement of the first two divorces, the husband can take back the divorced wife within ‘Iddat, i.e. the period of waiting, with or
When a person divorces his wife, he forfeits the dower-money he has given her; and if at the time of divorce he has not yet given her the dower- money, he must make the payment before the divorce becomes effective. Again, he is not allowed to take back anything he might have given her in the form of gifts and presents.
If, however, it is the wife who demands separation, technically known as Khula‘, she must get it through a Qadi or judge as the words "you fear," in the plural number, hint. In this case she has to part with, in full or in part, her dowry as well as the gifts she might have received from her husband, as agreed upon by the parties or decided by the judge. The case of Jamilah, wife of Qais bin Thabit, provides a good illustration of the exercise of the right of Khula‘ by women. She demanded separation from her husband. Qais, on the ground that she did not like him, i.e. their temperaments being different she could not get on with him. She was granted Khula‘ by the Holy Prophet, but she had to return to her husband the orchard he had given her (Bukhari).
See 2:228.
2:232; 4:130; 65:3.
Important Words:
امساك (retain) is derived from امسك which is again derived from مسك. They say امسك به i.e. he stuck to it. امسك is both transitive and intransitive. امسكه means, he got hold of it and stopped and retained it. امسك عن الکلام means, he abstained from talking. امساك means, (1) to hold or stop or prevent or retain; (2) to refrain or abstain (Aqrab).
تسریح (send away) is the noun-infinitive from سرح (sarraha) which is derived from سرح. They say سرح المواشی i.e. the cattle went forth for grazing. سرح السیل means, the flood moved on leisurely. سرحه means, he sent him away. سرح فلان زوجته means, he sent away or divorced his wife (Aqrab).
حدود (limits) is the plural of حد i.e. a limit. حده means, he put a limit to it. حد الشیء عن الشیء means, he distinguished one thing from the other. الحد means, (1) the limit or the line where two things meet; (2) last limit or extremity of a thing; (3) that by which a thing may be defined; (4) prescribed punishment for an offence. حدود الله means God’s religious commandments (Aqrab).
Commentary:
This verse contains the fifth check on divorce. A man who seeks permanent and irrevocable separation from his wife must pronounce divorce on three separate occasions, each in a separate طھر i.e. period of purity, when the woman is clean and the man has not gone in unto her during that period of purity. The pronouncement of divorce twice or thrice at one and the same time is not permissible as the verse hints in the word مرتان (twice) which signifies a thing happening on two separate occasions and not two things happening at one and the same time. The Holy Prophet treated such collective pronouncements, whatever their number, as only one divorce (Tirmidhi & Dawud). According to Nasa’i, the Holy Prophet was extremely angry when one day he was told that a person had made all the three pronouncements of divorce at one and the same time, and said: "Is the Book of God going to be made a plaything while I am yet among you?"
After the pronouncement of the first two divorces, the husband can take back the divorced wife within ‘iddah, i.e. the period of waiting, with or without her consent; but after the period of waiting is over, he can take her back only with her consent and that after remarrying her. After the pronouncement of the third divorce, however, the husband forfeits this right and the couple are finally separated. A Companion of the Holy Prophet once asked him saying, "The Quran has here spoken of two divorces only, whence comes in the third!" The Prophet referred him to the Quranic words اوتسریح باحسان i.e. or send them away with kindness meaning thereby that after the pronouncement of the first two divorces the husband was free to retain his wife if he so desired but if he wanted irrevocable separation, he should "send her away", i.e. divorce her a third time (Jarir & Musnad). The point is further made clear in the succeeding verse. Thus the word تسریح here signifies طلاق i.e. divorce.
The present verse also makes it clear that when a person divorces his wife, he forfeits مھر i.e. the dower-money he has given her; and if at the time of divorce he has not yet given her the dower-money agreed on by the parties, he must make the payment before the divorce becomes effective. Again, he is not allowed to take back anything he might have given her in the form of gifts and presents as the clause it is not lawful for you that you take anything of what you have given them indicates.
If, however, it is the wife who demands separation, technically known as خلع (Khul‘a lit. the putting off of clothes etc., or the shedding of old leaves), she must get it through a Qadi or judge as the word خفتم (you fear), which has been put in the plural number, hints. In this case she has to part with, in full or in part, her dowry as well as the gifts she might have received from her husband, as agreed on by the parties or decided by the judge. The case of Jamilah, wife of Qais bin Thabit, provides a good illustration of the exercise of the right of Khul‘a by women. She demanded separation from her husband, Qais, on the ground that she did not like him, i.e. their temperaments being different, she could not get on with him. She was granted Kkul‘a by the Holy Prophet, but she had to return to her husband the orchard he had given her (Bukhari). This right, however, is not to be exercised in a light-hearted manner. The Holy Prophet has condemned the action of a woman who demands separation from her husband without valid reason even as he has condemned the action of a man who divorces his wife without genuine cause. He is reported to have said, "A woman who seeks separation from her husband without a legitimate cause shall be deprived of the fragrance of heaven" (Dawud & Tirmidhi). This is what is hinted in the concluding words, these are the limits prescribed by Allah, so transgress them not, etc. The husband and the wife are both warned to fear God and refrain from transgressing the limits imposed by God for their own good.
b
2:228.
c
2:232; 4:130; 65:3.
170
这节经文含有对离婚第五种约制。如果丈夫想和妻子离异, 他必须在三个不同时期声明离婚, 每次在她个别的洁净时期中并没有和她同过房, 在同一时期声明两次或三次离婚, 是不准许的。这在 مَرَّتَان (Marratan, 两次) 这一字中可以看出。这字的意思是, 发生在两个不同时期的一件事情, 而不是发生在同一时间的两件事情。穆圣把这种同一时间的集中声明, 不管几次, 都只作一次离婚声明看待 (تِرْمِذِی与داؤد)。根据纳萨伊 (نَسَائِی) 说, 有一天穆圣听到有人在同一时间内作了三次离婚声明, 非常生气地说, “在我还在你们中间时, 就把安拉的经典当儿戏吗?” 在第一和第二次声明离婚后, 丈夫在 عِدَّة (‘Iddat), 既等候时期内, 不论经过或不经过妻子的同意, 都可以召回离了婚的妻子; 但是等候时期过了以后, 他要经过她的同意而且要重新娶她才能收回。在第三次离婚后, 丈夫就丧失了这种权利, 这对夫妻就最终离异了。穆圣的一个伙伴有一次问他说, “«古兰经» 在这里只谈了两次离婚, 第三次离婚在什么地方?” 穆圣向他提到 “以厚道的做法辞离她们” 这句话, 意思是说, 第一和第二次离婚之后, 丈夫可以保留并且可以再娶她, 如果她也同意结婚的话; 但是如果他要最后离异的话, 他应与她离婚, 即第三次离婚 {جَرِيْر (Jarir) 与 مُسْنَد (Musnad)}。这一点在下一节经文中还要进一步说明。这样, 这里的 تَسْرِيْح (Tasrih) 这个字意为 طَلَاق (Talaq), 即离婚。
171
一个人和他的妻子离婚后, 他就丧失了他已给她的嫁妆 (办嫁妆的钱); 如果在离婚时他还没有给过她嫁妆, 在正式离婚之前, 他必须给她那笔钱。而且, 他不准许取回作为馈赠或礼物而给她的任何东西。
172
不过, 如果提出离婚的是女方, 法律上称为 خُلْع (khul‘), 她必须通过 قَاضِیْ (Qadi) 即法官, 正如 “你们 (双方) 害怕” 这几个字所暗示的那样。在这种情况下, 她必须归还男方全部或部分嫁妆以及男方过去送给她的礼品, 这要双方议定或由法官决定。盖斯•彬•撒比特 (قَيْس بِنْ ثَابِتْ, Qais bin Thabit) 的妻子杰米拉 (جَمِيْلَة, Jamilah) 那个案例提供了妇女行使 خُلْع 权的一个很好的实际说明。她要求和丈夫盖斯离婚, 理由是她不喜欢他, 也就是说, 他们性格不合, 不能相处在一起。穆圣给了他 خُلْع 的许可, 但是她必须把他给她的果园还给他 (布哈理)。
1
عام طور پر اس زمانہ کے علماء یہ سمجھتے ہیں کہ جس نے تین دفعہ طلاق کہہ دیا اس کی طلاق بائن ہو جاتی ہے یعنی اس کی بیوی اس سے دوبارہ اس وقت تک شادی نہیں کر سکتی جب تک کسی اور سے نکاح نہ کر لے مگر یہ غلط ہے کیونکہ قرآن کریم میں صاف فرمایا گیا ہے اَلطَّـلَا قُ مَرَّتٰنِ یعنی وہ طلاق جو بائن نہیں وہ دو دفعہ ہو سکتی ہے اس طور پر کہ پہلے مرد طلاق دے پھر یا تو طلاق واپس لے لے اور رجوع کرے یا عدت گزرنے دے اور نکاح کرے۔ پھر اَن بَن کی صورت میں دوبارہ طلاق دے۔ پس ایسی طلاق کا دو دفعہ ہونا تو قطعی طور پر ثابت ہے۔ پس ایک ہی دفعہ تین یا تین سے زیادہ بار طلاق کہہ دینے کو بائن قرار دین
2
تمہیں یعنی ملتِ اسلامیہ یا اسلام پر ایمان رکھنے والی حکومت کو۔
3
اِنْ خِفْتُمْ میں بتایا گیا ہے کہ اگر محکمہ قضا اس بات کا فیصلہ کرے کہ عورت خاوند کے پاس رہنے کے لئے راضی نہیں اور اس کی نارضا مندی کی وجہ سے مرد بھی عدل نہ رکھ سکے گا‘ تو عورت اگر کچھ دینا چاہے تو مرد کو اجازت ہے کہ کچھ مال لیکر اسے طلاق دے دے۔ لیکن وہ صرف اتنا ہی مال لے سکتا ہے جتنا اس نے خود دیا ہو اور کچھ نہیں۔
a
See 2:228.
b
2:232; 4:130; 65:3.
236
Important Words:
امساك (retain) is derived from امسك which is again derived from مسك. They say امسك به i.e. he stuck to it. امسك is both transitive and intransitive. امسكه means, he got hold of it and stopped and retained it. امسك عن الکلام means, he abstained from talking. امساك means, (1) to hold or stop or prevent or retain; (2) to refrain or abstain (Aqrab).
تسریح (send away) is the noun-infinitive from سرح (sarraha) which is derived from سرح. They say سرح المواشی i.e. the cattle went forth for grazing. سرح السیل means, the flood moved on leisurely. سرحه means, he sent him away. سرح فلان زوجته means, he sent away or divorced his wife (Aqrab).
حدود (limits) is the plural of حد i.e. a limit. حده means, he put a limit to it. حد الشیء عن الشیء means, he distinguished one thing from the other. الحد means, (1) the limit or the line where two things meet; (2) last limit or extremity of a thing; (3) that by which a thing may be defined; (4) prescribed punishment for an offence. حدود الله means God’s religious commandments (Aqrab).
Commentary:
This verse contains the fifth check on divorce. A man who seeks permanent and irrevocable separation from his wife must pronounce divorce on three separate occasions, each in a separate طھر i.e. period of purity, when the woman is clean and the man has not gone in unto her during that period of purity. The pronouncement of divorce twice or thrice at one and the same time is not permissible as the verse hints in the word مرتان (twice) which signifies a thing happening on two separate occasions and not two things happening at one and the same time. The Holy Prophet treated such collective pronouncements, whatever their number, as only one divorce (Tirmidhi & Dawud). According to Nasa’i, the Holy Prophet was extremely angry when one day he was told that a person had made all the three pronouncements of divorce at one and the same time, and said: "Is the Book of God going to be made a plaything while I am yet among you?"
After the pronouncement of the first two divorces, the husband can take back the divorced wife within ‘iddah, i.e. the period of waiting, with or without her consent; but after the period of waiting is over, he can take her back only with her consent and that after remarrying her. After the pronouncement of the third divorce, however, the husband forfeits this right and the couple are finally separated. A Companion of the Holy Prophet once asked him saying, "The Quran has here spoken of two divorces only, whence comes in the third!" The Prophet referred him to the Quranic words اوتسریح باحسان i.e. or send them away with kindness meaning thereby that after the pronouncement of the first two divorces the husband was free to retain his wife if he so desired but if he wanted irrevocable separation, he should "send her away", i.e. divorce her a third time (Jarir & Musnad). The point is further made clear in the succeeding verse. Thus the word تسریح here signifies طلاق i.e. divorce.
The present verse also makes it clear that when a person divorces his wife, he forfeits مھر i.e. the dower-money he has given her; and if at the time of divorce he has not yet given her the dower-money agreed on by the parties, he must make the payment before the divorce becomes effective. Again, he is not allowed to take back anything he might have given her in the form of gifts and presents as the clause it is not lawful for you that you take anything of what you have given them indicates.
If, however, it is the wife who demands separation, technically known as خلع (Khul‘a lit. the putting off of clothes etc., or the shedding of old leaves), she must get it through a Qadi or judge as the word خفتم (you fear), which has been put in the plural number, hints. In this case she has to part with, in full or in part, her dowry as well as the gifts she might have received from her husband, as agreed on by the parties or decided by the judge. The case of Jamilah, wife of Qais bin Thabit, provides a good illustration of the exercise of the right of Khul‘a by women. She demanded separation from her husband, Qais, on the ground that she did not like him, i.e. their temperaments being different, she could not get on with him. She was granted Kkul‘a by the Holy Prophet, but she had to return to her husband the orchard he had given her (Bukhari). This right, however, is not to be exercised in a light-hearted manner. The Holy Prophet has condemned the action of a woman who demands separation from her husband without valid reason even as he has condemned the action of a man who divorces his wife without genuine cause. He is reported to have said, "A woman who seeks separation from her husband without a legitimate cause shall be deprived of the fragrance of heaven" (Dawud & Tirmidhi). This is what is hinted in the concluding words, these are the limits prescribed by Allah, so transgress them not, etc. The husband and the wife are both warned to fear God and refrain from transgressing the limits imposed by God for their own good.
b
2:228.c
2:232; 4:130; 65:3.
280
This verse contains the fifth check on divorce. A man who seeks separation from his wife must pronounce divorce on three separate occasions, each in a separate period of purity when he has not gone in unto her during that period. The pronouncement of divorce twice or thrice at one and the same time is not permissible as is hinted in the word Marratan (twice) which signifies a thing happening on two separate occasions and not two things happening at one and the same time. The Holy Prophet treated such collective pronouncements, whatever their number, as only one divorce (Tirmidhi & Dawud). According to Nasa’i, the Holy Prophet was extremely angry when one day he was told that a person had made all the three pronouncements of divorce at one and the same time and said, "Is the Book of God going to be made a plaything while I am yet among you?" After the pronouncement of the first two divorces, the husband can take back the divorced wife within ‘Iddat, i.e. the period of waiting, with or
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When a person divorces his wife, he forfeits the dower-money he has given her; and if at the time of divorce he has not yet given her the dower- money, he must make the payment before the divorce becomes effective. Again, he is not allowed to take back anything he might have given her in the form of gifts and presents.
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If, however, it is the wife who demands separation, technically known as Khula‘, she must get it through a Qadi or judge as the words "you fear," in the plural number, hint. In this case she has to part with, in full or in part, her dowry as well as the gifts she might have received from her husband, as agreed upon by the parties or decided by the judge. The case of Jamilah, wife of Qais bin Thabit, provides a good illustration of the exercise of the right of Khula‘ by women. She demanded separation from her husband. Qais, on the ground that she did not like him, i.e. their temperaments being different she could not get on with him. She was granted Khula‘ by the Holy Prophet, but she had to return to her husband the orchard he had given her (Bukhari).
فَإِن طَلَّقَهَا فَلَا تَحِلُّ لَهُۥ مِنۢ بَعْدُ حَتَّىٰ تَنكِحَ زَوْجًا غَيْرَهُۥ ۗ فَإِن طَلَّقَهَا فَلَا جُنَاحَ عَلَيْهِمَآ أَن يَتَرَاجَعَآ إِن ظَنَّآ أَن يُقِيمَا حُدُودَ ٱللَّهِ ۗ وَتِلْكَ حُدُودُ ٱللَّهِ يُبَيِّنُهَا لِقَوْمٍ يَعْلَمُونَ
这节经文述及第三次和最终一次离婚。在该次离婚后, 丈夫再也无权与妻子破镜重圆, 除非那离了婚的女人再嫁另一个男人并建立夫妻关系, 然后又与他正式离婚, 或者他死了, 使她有自由再嫁另一个男人。藉着离婚法律中包括这一条款, 伊斯兰教一方面提高婚姻关系的严肃性, 另一方面, 也给一度过着夫妻生活的两个人提供一个重新结合的机会, 虽然机会是很小的。
This verse refers to the third and final divorce after which the husband loses all right of reunion with his wife unless the divorced woman marries another man and establishes conjugal relations with him, and is then formally divorced by him or he dies, leaving her free to marry another man. By the inclusion of this provision in the law of divorce Islam has, on the one hand, enhanced the sanctity of the marriage tie which must not be trifled with; and, on the other, it has afforded yet another, though extremely remote, opportunity to the couple who once had lived as husband and wife to become reunited if they so desire.
Important Words:
یتراجعا (return to each other) is derived from رجع i.e. he returned; the word is used to indicate the coming together of people after their dispersal or separation, as they say تراجع القوم i.e. the people returned to the place from where they separated or left (Aqrab).
یقیما (observe) is derived from اقام which means, he made a thing stand upright; he observed or duly performed a religious commandment or duty, etc. (Lane). See also under 2:4.
تنکح (she marries) is derived from نکح. They say نکح or نکحت meaning (1) he or she married a spouse; (2) he or she had sexual intercourse with his or her spouse. In the present verse the word is used in the latter sense. See also 2:222.
Commentary:
This verse refers to the third and final pronouncement of divorce after which the husband loses all right of reunion with his wife unless the divorced woman marries another man and establishes conjugal relations with him, and is then formally divorced by him or he dies, leaving her free to marry another man. By the inclusion of this provision in the law of divorce, Islam has, on the one hand, enhanced the sanctity of the marriage tie which must not be trifled with and has declared unlawful the evil practice of حلالة (halalah); and, on the other, it has afforded yet another opportunity to the couple who once had lived as husband and wife to become reunited if they so desired. The practice of halalah referred to above consists in a divorced woman marrying a man, other than her former husband, with the object of obtaining divorce from him and thereby making herself lawful for the former husband. Islam condemns this practice as a thing accursed (Tirmidhi ch. on Nikah) and enjoins that marriage with and divorce from another husband must both be genuine.
173
这节经文述及第三次和最终一次离婚。在该次离婚后, 丈夫再也无权与妻子破镜重圆, 除非那离了婚的女人再嫁另一个男人并建立夫妻关系, 然后又与他正式离婚, 或者他死了, 使她有自由再嫁另一个男人。藉着离婚法律中包括这一条款, 伊斯兰教一方面提高婚姻关系的严肃性, 另一方面, 也给一度过着夫妻生活的两个人提供一个重新结合的机会, 虽然机会是很小的。
237
Important Words:
یتراجعا (return to each other) is derived from رجع i.e. he returned; the word is used to indicate the coming together of people after their dispersal or separation, as they say تراجع القوم i.e. the people returned to the place from where they separated or left (Aqrab).
یقیما (observe) is derived from اقام which means, he made a thing stand upright; he observed or duly performed a religious commandment or duty, etc. (Lane). See also under 2:4.
تنکح (she marries) is derived from نکح. They say نکح or نکحت meaning (1) he or she married a spouse; (2) he or she had sexual intercourse with his or her spouse. In the present verse the word is used in the latter sense. See also 2:222.
Commentary:
This verse refers to the third and final pronouncement of divorce after which the husband loses all right of reunion with his wife unless the divorced woman marries another man and establishes conjugal relations with him, and is then formally divorced by him or he dies, leaving her free to marry another man. By the inclusion of this provision in the law of divorce, Islam has, on the one hand, enhanced the sanctity of the marriage tie which must not be trifled with and has declared unlawful the evil practice of حلالة (halalah); and, on the other, it has afforded yet another opportunity to the couple who once had lived as husband and wife to become reunited if they so desired. The practice of halalah referred to above consists in a divorced woman marrying a man, other than her former husband, with the object of obtaining divorce from him and thereby making herself lawful for the former husband. Islam condemns this practice as a thing accursed (Tirmidhi ch. on Nikah) and enjoins that marriage with and divorce from another husband must both be genuine.
283
This verse refers to the third and final divorce after which the husband loses all right of reunion with his wife unless the divorced woman marries another man and establishes conjugal relations with him, and is then formally divorced by him or he dies, leaving her free to marry another man. By the inclusion of this provision in the law of divorce Islam has, on the one hand, enhanced the sanctity of the marriage tie which must not be trifled with; and, on the other, it has afforded yet another, though extremely remote, opportunity to the couple who once had lived as husband and wife to become reunited if they so desire.