Topic: Marriage

Important Words:

رفث (going in unto) has a number of meanings: amatory talk, kissing, caressing, embracing, compressing, coition, etc.; in fact, everything that a man desires of his wife. When رفث is followed by the preposition الی it means, coition or going in unto one’s wife, and it is in this sense that the word has been used here. رفث also means, immodest, foul and lewd talk or speech (Lane).

تختانون (you have been acting unjustly) is derived from خان. They say خانه i.e. he acted unfaithfully or perfidiously towards him; he was not faithful to the trust reposed in him. اختانه is like خانه, giving the same meaning. It also means, he acted wrongfully or unjustly towards him. The Arabs say خانته رجلاه i.e. his feet or legs acted unfaithfully towards him, meaning he was unable to walk. تختانون انفسکم would, therefore, mean, you failed to give your souls (i.e. yourselves) their due either (1) by preventing them from their duty to God, or (2) by refusing them the satisfaction of their natural and lawful cravings. The former act is a sin, while the latter, though not a sin, may endanger one’s health or deprive one of just happiness. The word has been used in both these senses in the Quran. In 4:108, it has been used in the sense of "sin", while in the present verse it has been used in the sense of "depriving the soul of the gratification of its natural and just desires".

عفاعنکم (afforded you relief). The word عفا gives a number of meanings (see 2:53). The expression عفاالله عن فلان is sometimes used where there is no question of pardoning any sin or obliterating traces thereof but simply in the sense of removing one’s mistake or misunderstanding or improving one’s condition or bestowing honour on one (Aqrab). It also means, making things easy, i.e. affording relief (Muhit).

باشروھن (go in unto them) is derived from بشر from which is also derived the word بشارة or بشری meaning, glad tidings. The expression بشربه means, he became glad and happy because of that. The words بشرالجلد mean, he removed or peeled off its skin. البشرة means, outer part of skin, or what is visible of the face or body. باشرالمرأة means, he came in contact with his wife skin to skin; he went in unto her. البشری (glad tidings) is so called because it changes the colour of the listener’s face. البشر (man) is also so called because, unlike other animals, man’s skin is visible and not concealed under hair (Aqrab, Mufradat & Lane).

Commentary:

It was a custom among the Israelites to abstain from all kinds of food from one evening to the other on the occasion of the fast of the Atonement Day, the only fast prescribed by Moses for his people. When fasts were first prescribed for Muslims, and details had not yet been revealed, they thought that, like the Jews, they too would have to fast for 24 hours with a slight intervening breakfast. Hence, following their own judgement, they concluded that it was lawful for them to eat and drink and to go in unto their wives only as long as they did not go to bed, and that after they had gone to sleep, they were not allowed to partake of any food or drink or to go in unto their wives until the next evening. Bukhari gives the following tradition on the authority of Bara’: "When the command to fast was revealed, if anybody kept a fast and then went to sleep in the evening, he abstained from eating, drinking and sexual intercourse until the time for breaking the fast the following day" (Bukhari ch. on Saum). This tradition and others of the same import show that it was not in obedience to any command from God or the Holy Prophet that his Companions abstained from sexual intercourse after going to bed at night, but it was owing to their own imitation of similar customs among the People of the Book that they had imposed these restrictions on themselves. As, however, these restrictions were against the will of God, a revelation was soon sent down allowing the Faithful to eat and drink and approach their wives as they liked during the night; only they were forbidden to do so while fasting during the day.

Some commentators have inferred from the words, you have been acting unjustly to yourselves, that the Companions of the Holy Prophet were unable to act upon the commandment to abstain from intercourse with their wives during the nights of fasts and frequently broke it. But this is evidently wrong, for the good reason that there was no such commandment to be broken. Moreover, the words of the Quran, i.e. you may now go in, also belie this interpretation, for the use of the word "now" clearly indicates that the Companions of the Holy Prophet were erring not on the side of indulgence but on that of abstinence. The Quran could not obviously say, you may now go in, to a people who were already going in unto their wives.

The clause, they are a garment for you and you are a garment for them, very beautifully describes the object of marriage. The verse points out that the object of marriage is not the gratification of carnal passions. The real object is the comfort, protection and embellishment of the parties, for such are the uses of a garment as explained in 7:27 & 16:82. Thus in a very few words, the Quran has described the true relationship that should exist between husband and wife, a description which has hardly a parallel in any other scripture.

The clause, the white thread becomes distinct from the black thread of the dawn, does not refer to the thread made of yarn but to the streak of light that appears along the eastern horizon at the time of dawn. The verse enjoins that from dawn till sunset Muslims should abstain from food and drink and intercourse while fasting. But they are free to have recourse to these things between sunset and dawn. At places where days and nights are unusually long, i.e. nearer the poles, calculation should be made for the purpose of fasting on the basis of average conditions, i.e. in such a case day and night would each be supposed to be of twelve hours’ duration (Muslim, ch. on Ashratus-Sa‘at). The clause, while you remain in the mosques for devotion, refers to the practice of اعتکاف which is observed by remaining in the mosque, night and day, during the last ten days of Ramadan. During these days, the devotee who decides to observe اعتکاف is not to leave the mosque except from human necessity, i.e. to answer a call of nature, etc. He enters the mosque on the morning of the 20th of Ramadan

and abides therein till the end of the month, fasting from daybreak to sunset and occupying himself in prayer or recitation of the Quran or other religious study or meditation. During اعتکاف (I‘tikaf), which is, as it were, the consummation of the spirit of fasting, intercourse with wives and preliminaries thereto are not allowed even at night time. The clause, these are the limits fixed by Allah, so approach them not, points to the very important principle that a man can attain true piety only if he refrains from even "approaching" the things that have been forbidden by God. "Some acts," says the Holy Prophet "are of doubtful character, one not knowing whether they are right or wrong. It is always better to avoid these. The forbidden things are like a pasture-land which the Wise God prohibits to the people. If you make your beasts graze on the borders of such land, i.e. allow your beasts to approach near them, there is danger of their trespassing upon the prohibited area" (Bukhari, ch, on Iman). This is an extremely wise injunction which cuts at the root of all trespass. Only those can protect themselves against sin who give all unlawful things a wide berth. The final clause, that they may become secure against evil, repeats the idea contained in 2:184 in which the subject of fasting was first introduced. In both verses the underlying object of fasting has been stated to be the attainment of تقوی i.e. piety, righteousness and protection against evil, which are all different forms of divineblessings. The reader may, with advantage, compare this idea with the belief of the Christians that the Law is a curse (Gal. 3:10, 13).

Important Words:

المحیض (menstruation) is derived from حاض. They say حاضت المرأة i.e. the woman menstruated; blood came forth from her womb or uterus at the known time and in the known manner. Thus محیض means, (1) menstruation, i.e. the monthly course: (2) time of menstruation; (3) place of menstruation (Lane & Mufradat). According to some, the word which means a tank or a place where water collects, is also derived from the same root though the central letter of the root is different (Lane).

اذی (harmful thing) is the infinitive-noun from اذی meaning, he came to harm, or he was annoyed. آذی means, he or it caused a harm. اذی means, a harmful thing; a disagreeable thing; an annoyance; a hurt; a thing held to be unclean or filthy; a slight evil less than what is termed ضرر (Taj).

اعتزلوا (keep away from) is derived from عزل. عزله عنه means, he removed him or it from that (Aqrab). اعتزل الشیء or اعتزل عنهmeans, he kept away from the thing (Aqrab).

یطھرن (they are clean) and تطھرن (they have cleansed themselves) and المتطھرین (who keep themselves clean) are all derived from طھر which means, he or it became clean or free from dirt or filth, etc.; or he or it became pure. طھرت المرأة means, the woman became clean from the menstrual discharge, i.e. her flow of menses stopped. طھرت المرأة means, she became cleansed or purified by washing herself. اطھر (ittahara) is like تطھر giving the same meaning, i.e. he became cleansed or he kept himself clean (Aqrab).

Commentary:

After laying down, in brief, the law about intermarriage, reference to marital relations and conjugal obligations became necessary. The verse under comment indicates that coition or sexual intercourse with one’s wife is not permissible during menses, for such intercourse would be harmful for both parties. Coition becomes permissible when menses cease, but as a further precaution the husband should wait till the wife has washed herself by taking a bath.

The command referred to in the words go in unto them as Allah has commanded you is contained in, and seek what Allah has ordained for You (2:188), hinting that coition with one’s wife should be in a manner productive of issue. A further hint to the above is contained in the following verse.

The words, and go not in unto them (lit. do not go near them) until they are clean, do not mean that the husband should keep away from his wife completely and in no case go near her. The Holy Prophet’s sayings as well as his practice belie that inference. The expression simply refers to coition and does not debar other forms of loving approach.

The concluding word "متطھرین" i.e. those who keep themselves clean has been put in the masculine gender, because firstly the use of the masculine gender generally includes and extends to females as well; and secondly because by using this word the Quran means to hint that if men go in unto their wives while they are unclean, they are sure to make themselves unclean too. Thirdly this word also hints that though it becomes lawful for a man to go in unto his wife after the monthly flow has ceased, yet it is better for him to wait till the woman has properly washed herself, for God loves those who are more careful about cleanliness.

Important Words:

حرث (tilth). See 2: 206.

انی (how and when) means: (1) how; (2) when; and (3) where (Aqrab).

قدموا (send ahead) is derived from قدم meaning, he came or stepped forward. قدم (qaddama) means, be sent forward or sent ahead; he put forward; he offered. قدم لنفسه means, he did good or evil that will in future bear good or bad fruit for himself. قدمه علی غیره means, he preferred him to others. قدم له الثمن means, he paid him the price in advance (Aqrab). The Quran uses this expression to point out that whatever good or evil deed a man does, serves like a seed to bear a future crop. No action is ever lost.

مؤمنین (those who obey) is derived from آمن meaning: (1) he believed; (2) he obeyed (Aqrab). Here it gives the latter meaning. For a fuller discussion of this word see 2:4.

Commentary:

This verse constitutes an eloquent testimony to the inimitably pure and dignified language of the Quran. An extremely delicate subject has been dealt with in a most decent and discreet manner, and the whole philosophy of marriage and conjugal relations has been given in one brief sentence, i.e. Your wives are a tilth for you. A woman is indeed like a tilth in which the seed of progeny is sown. The expression has a twofold significance depending on the meaning of the words اتوا حرثکم (approach your tilth). If approaching the tilth means coition, then the expression approach your tilth how you like would signify that: (1) you should go in unto your wife in a manner suited to her capacity as a tilth and in no other manner; and (2) that both of you should try to keep your hearts pure at the time of coition so that the issue of the process may also share that purity. Says the Holy Prophet, "When the husband goes in unto his wife, they should both pray to God saying, 'Our Lord, keep both of us away from Satan; and if Thou grant us an issue, keep that also away from him' " (Muslim Kitabun-Nikah).

On the contrary, if "approaching the tilth" means selecting and dealing with the wife, the expression approach your tilth how you like would mean: (1) That you should select a wife who is best suited as a tilth, i.e. (a) she should be ولودviz. capable of producing children and not barren; (b) she should be healthy, capable of producing healthy children; (c) she should be well qualified to give good training to the children; and (d) she should be ودود i.e. of loving nature so that there may reign an atmosphere of love and harmony in the house and the children may benefit by it. (2) That you should look after and treat your wife well so that her life may be happy and contented and she may become best disposed to bring up the children well. (3) That you should keep yourselves also in a state of good physical and moral health so that your seed for your tilth may also be healthy in every respect.

A wise husbandman selects the best soil, prepares the best tilth, secures the best seed, and chooses the best time and manner of sowing it. So should you, for on the harvest which you are to reap in the form of children depends not only your own but also your community’s entire future. It is to this supreme fact that the clause, and send ahead some good for yourselves, so pointedly refers. In short, the likening of woman to tilth throws a flood of light on the morality of eugenics and sex. But the real basis of all happiness and progress is the fear of God and in the words, fear Allah and know that you shall meet Him, the Quran warns the Faithful never to lose sight of the real object of marriage even in the heat of carnal passions for even the seat of these passions is the source of the procreation of children and the continuation of a good race on the earth. Finally, the clause, and bear glad tidings to those who obey, contains a mighty بشارة (good news) for those who may obey this injunction, for it would not only make their own lives supremely happy but would also secure for them the best progeny for all time.

Important Words:

عرضة (target) is derived from عرض. They say عرض الشیء meaning, he exhibited or offered the thing; he placed it before or in sight of the people. عرض لی عارض means, a hindrance came across my way. Thus عرضة means: (1) an obstacle or hindrance in the way of a person; (2) a thing or person exposed to or confronting someone or something; (3) a butt or target like the butt of archers; also figuratively, as one might say, "he became the عرضة or butt of their rebukes"; (4) an object; (5) an excuse or pretext (Aqrab & Taj).

ایمان (oaths) is the plural of یمین which is derived from یمن. They say یمن الرجل meaning, he approached him from the right hand side. یمن الله فلانا means, God made him blessed. یمین means, (1) the right hand side; (2) the right hand; (3) strength, blessing and good fortune; (4) an oath (Aqrab).

Commentary:

As there are men to be found who are likely to forget that a wife being a sacred tilth is to be treated well not only for her own sake but also for the sake of children, and such men flare up at slight causes and then resort to swearing that they would not treat their wives well nor act kindly towards their relations, the Quran here makes a suitable reference to such men and prohibits them from using the name of God for acts of injustice and transgression. The verse under comment and the one that follows serve as a sort of introduction to verse 2:227 in which the subject of swearing to keep away from one’s wife has been more pointedly stated. God’s name, being the holiest of all holy things, should not be used as an obstacle in the way of righteousness and of doing good to others.

The word عرضة meaning a butt or an obstacle, has been very appropriately used in the verse to point out that such men as swear by God to abstain from acts of righteousness hopelessly fail to appreciate the true dignity of the Supreme Being. It is indeed an act of blasphemy that one should use the name of Allah, Who is the fountain-head of all goodness, to keep away from the path of goodness. Again, it is a gross violation of the sanctity of Allah’s name that it should be used as a butt or target for profane or purposeless oaths.

5:90.

Important Words:

یؤاخذکم (will call you to account) is derived from اخذ. اخذه means, he took hold of him; he seized him. آخذه means, he called him to account; he punished or chastised him (Aqrab).

اللغو (vain) is derived from لغا. They say لغابکلمة i.e. he uttered or spoke a word. لغا الشیء means, the thing went in vain. لغا عن الطریق means he deviated from the path. لغافی قوله means, he spoke without proper care and thinking. اللغو therefore means, a speech or writing, etc. which is worthless and of no account and deserves no attention; it also means, the barking of a dog (Aqrab). لاغاه means, he jested or joked with him (Lane). اللغو also means that which one utters without seriously meaning it (Muhit).

حلیم (Forbearing) is derived from حلم meaning, he was forbearing and clement; he forgave and connived at offences; he controlled his temper in moments of anger; he was patient, sedate, or intelligent and calm and was not hasty in punishing or taking revenge. Thus حلیم which is one of the attributive names of God, means, one who is forbearing and to whom the disobedience of the disobedient does not cause agitation or excitement, who is slow in punishing but quick in forgiving; it also means one who is intelligent (Aqrab, Lane & Mufradat).

Commentary:

Oaths are very serious things, as mentioned in the preceding verse, but some men are in the habit of swearing without meaning anything. Such oaths as are referred to in this verse are oaths taken carelessly or as a matter of habit or those taken in a sudden fit of anger. The fact that such oaths are not liable to be punished does not, however, mean that indulgence in them is permitted. It only means that a person who swears vain oaths will not be punished on the basis of such oaths, i.e. these oaths will not be legally treated as oaths. But he will certainly suffer the consequences of indulging in vain and useless talk. A Muslim is expected to avoid all things that are vain or purposeless and the Quran clearly enjoins it (23:4).

The clause, He will call you to account for what your hearts have earned, means that a person will have to answer for oaths he takes consciously and deliberately. The words, what your hearts have earned, also hint that God does not call a man to account for such passing thoughts as may flash across the mind and then disappear. Only such thoughts are punishable as are "earned" by the heart, i.e. cherished and retained by the mind.

The words, Allah is Most Forgiving, Forbearing, signify that as Allah knows your weaknesses, He treats you with forbearance, and does not call you to account for such of your acts as you might do without meaning them.

Important Words:

یؤلون (vow) is derived from the root لاآ meaning, he fell short; or he fell short of doing what he ought to have done; or he was remiss. آلی means, he swore. آلیت علی الشیء means, I swore to do the thing. آلیت لا افعل کذا means, I swore that I would not do such a thing. آلی من زوجه شھرا means, he swore he would not go near his wife (i.e. not go in unto her) for a month. ائتلی also gives the same meaning as آلی i.e. he swore, as in 24:23. ایلاء means, an oath or the act of swearing; and technically it means, a vow taken by a husband not to go near his wife (Aqrab & Lane).

تربص (waiting) is derived from ربص. They say ربص به i.e. he waited for a good or an evil to befall him. تربص means, he waited or he awaited, or he tarried waiting. تربص عن الامر means, he remained waiting and did not do the thing, i.e. he abstained from doing it (Aqrab).

Commentary:

After the two introductory and intervening verses in which the subject of taking oaths has been dealt with, the Quran now reverts to the original subject of conjugal relations. The verse under comment speaks of those men who vow abstinence from their wives without actually divorcing them. It is, in this connection, interesting to note that while approaching the subject of divorce, dealt with in the succeeding verses, the Quran first speaks of menstruation (2:223) which is a sort of temporary and partial, though unreal, separation. Then (as in the present verse) it speaks of real though indefinite separation. And then, as in the succeeding verses, it speaks of real though revocable divorce. And finally (2:231) it speaks of irrevocable divorce. A really wonderful order designed to put as many obstacles as possible in the way of divorce which Islam recognizes and retains as a sort of necessary evil.

As clearly stated in the verse under comment, Islam allows four months at the most to a person who swears not to approach his wife. During this period, he must either get reconciled to his wife and restore conjugal relations, or separation will be effected between the two. Islam would in no case permit indefinite separation without divorce, leaving the woman "suspended" as it were.

The words if they go back from the vow, surely Allah is Most Forgiving, Merciful indicate that swearing abstinence from one’s wife is reprehensible in the sight of God Who loves to see reconciliation between husband and wife. The verse thus abolishes the custom of ایلاءwhich was prevalent among the Arabs before the advent of Islam and by which it was sought to deprive women of their conjugal rights for long and indefinite periods.

2:230; 33:50; 65:2, 3.

Important Words:

الطلاق (divorce) is derived from طلق. They say طلقت الناقة i.e. the she-camel became loosened and free from the rope which tied her. طلقت المرأة من زوجھا means, the woman left her husband and severed her connection with him. طلق المرأة زوجھا means, the husband divorced his wife. الطلاق therefore, means, breaking of the tie of marriage; divorce (Aqrab).

عزموا (they decide). عزم means, he made up his mind; he decided; he was determined to do a thing (Aqrab).

Commentary:

If, after vowing abstinence from his wife, as stated in the preceding verse, the husband decides on divorce, he is free to take that course. But the words, Allah is All-Hearing All-Knowing, warn him that if he is thereby acting unjustly to his wife, he should not think that he can so act with impunity, for Allah is there to hear the supplications of the wife; and even if she does not or cannot pray to God, Allah knows everything.

With this verse begins a discussion of the Islamic law of divorce. According to this law, the husband possesses the right to divorce his wife, when legitimate necessity arises. But this right is to be exercised only on rare occasions and in exceptional circumstances.

2:235; 65:5.

4:35.

Important Words:

قروء (courses) is the plural of قرء which is derived from قرأ. They say قرأ الشیء i.e. he collected or put together the thing. قرأت الناقة means, the she-camel became pregnant. قرأت الحامل means, the pregnant woman gave birth to a child. قرات المرأة or اقرأت المرأة means, the woman became pure from menstrual discharge. اقرأت المرأة also means, she menstruated, thus giving contrary meanings. قرء (Qur’un or Qar’un), means: (1) a time, and this is the primary significance of the word, as we say ھبت الریح لقرئھا i.e. the wind blew at its fixed time; (2) menstruation; (3) period or state of purity preceding and following a menstrual discharge, i.e. the period between two menstruations; thus the word gives contrary meanings; (4) termination of a menstruation (Aqrab & Lane). The word قرء is also sometimes applied to the period of menstruation and that of purity taken together, i.e. the whole month (Muhit). According to Raghib قرء means the time or state when a woman leaves her state of purity and enters that of menstruation (Mufradat).

ارحام (wombs) is the plural of رحم (rihm or rahim) which is from the verb رحم. They say رحمه i.e. he showed him mercy, he was tender towards him. رحمت المرأة means, the woman had complaint of the womb after childbirth. رحم (rahim) or رحم(rihm) means, (1) womb; (2) relationship, particularly by the female side. The expression اولواالارحام or ذوالارحام means, relatives or kinsmen. In Muslim jurisprudence the expression signifies such relations as are not direct heirs (Lane).

بعولة (husbands), like بعول, is the plural of بعل. They say بعل الرجل i.e. the man became a husband. بعلت المرأة means, the woman married and had a husband. بعل is like زوج meaning, both a husband and a wife, i.e. a partner in life; but the significance of husband is more common. The word also means, lord, master or owner of a thing; or a person in authority. The Arabs sometimes gave the name بعل to their idols also (Lane & Mufradat).

المعروف (equity) is a common Arabic word which has been freely used in the Quran as well as the Hadith. The word is derived from عرف. They say عرفه i.e. he knew it either by means of the five senses or by mental perception, as by reflection, or by consideration of the effect of a thing on the mind; he recognized it. المعروف means, (1) a known or commonly known thing; (2) an action or thing the goodness of which is known by reason, i.e. equity; (3) an action or thing the goodness of which is known by the law of Shari‘ah; (4) goodness, kindness and beneficence; (5) liberality coupled with moderation; (6) good fellowship with one’s family and others; (7) sincere and honest word of advice, etc. (Lane). It may be noted here that while taking the oath of allegiance from would-be Muslims, the Holy Prophet always used the word المعروف asking them to solemnly affirm that they would obey him in all معروف things, i.e. not only in such things as formed part of the divine law of Shari‘ah but also in those which the Prophet held to be good by his own reason.

درجة (rank) means, (1) the various steps forming a set of stairs; (2) rank; (3) eminence (4) degree (Aqrab).

Commentary:

In view of the fact that divorce is the most hateful of all lawful things in the sight of God (Dawud), it has been hedged round by many checks and limitations. One of these checks is that a husband can divorce his wife only when she is clean i.e. in a state of purity, and he has had no sexual knowledge of her in her period of purity. After the pronouncement of divorce the wife must wait for three menstruations, i.e. about three months, which period is called عدة(‘iddah) or the period of waiting. This is another check, because this period of waiting gives to the husband sufficient time to consider the pros and cons of his action and to allow his love for her, if there is yet a dormant spark lying smouldering somewhere, to reassert itself. The third check laid down in this verse is that a divorced woman, if pregnant, must not conceal this fact from her husband, for the expected birth of a child is calculated to go a long way in bringing about reconciliation between the couple. The fourth check, as mentioned in the succeeding verses, is that for complete and irrevocable separation there should be three divorces. After the pronouncement of the first as well as the second divorce, and before the expiry of the period of waiting, the husband enjoys the privilege of taking his wife back, if he so desires. Even after the period of waiting is over, the couple can become reunited in the case of the first and second divorce by renewing the marriage tie.

The verse adds that as far as personal rights are concerned, the husband and the wife stand on a par, but in matters relating to discipline, the husband has superiority over the wife, i.e. in case of difference, the final authority is vested in him. The reasons for this are given in 4:35.

The divine attribute Mighty added at the end of the verse contains a reminder and a warning to the husband that he must not misuse the authority he has been given in household affairs, for there is the Almighty God over his head to Whom he is responsible for his actions. The attribute also provides a reason for vesting authority in the husband, who is the stronger of the parties. The attribute Wise brings home to the husband the fact that the vesting of the final authority in him is based on just and wise considerations, because wherever two or more persons live together, it is necessary that the wisest among them be appointed the Amir or the chief for the efficient running of their affairs and the uniformity of their actions.

A word here about the significance of قرء seems essential. As explained under Important Words, this word gives two distinct and contrary meanings, i.e. (1) menstruation; and (2) the period of purity between two menstruations. This has given rise to much difference of opinion among scholars of Muslim jurisprudence; Abu Bakr and ‘Umar among the Companions of the Holy Prophet and Abu Hanifah and Ahmad bin Hanbal the Imams of jurisprudence have held the view that by using the word قرء

the Quran means menstruation and not the period of purity. On the contrary, ‘A’ishah (wife of the Holy Prophet) and Ibn ‘Umar among the Companions, and Malik and Shafi‘i among the Imams of jurisprudence have held the opposite view (Muhit). Opinions being so balanced, it would be open to a Muslim to take either of the two views, but a collective survey of relevant arguments, which need not be stated here, leads one to the conclusion that the first-mentioned view is perhaps the more reasonable of the two. If, however, one should desire to be on the perfectly safe side, it is open to him to take the word قرء to signify the periods of menstruation and purity taken together, i.e. the whole month.

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.

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.

2:229; 65:5.

See 2:230.

3:104.

Important Words:

بلغن (they approach) is from بلغ which means, he reached or came to or attained; or he was near to reaching or attaining (Lane).

اجل (period) is the noun-infinitive from the verb اجل meaning, he or it delayed or fell short. اجل الشیء means, he appointed a time or period for the thing. اجل therefore means, the term or period appointed or specified for a thing; also the end of such period. Death is called اجل because for every life there is an appointed time when it must come to an end (Aqrab Lane).

یعظکم (exhorts you). یعظ is derived from وعظ meaning, he gave him good advice; he exhorted him; he admonished him; he warned him of the consequences of his actions and called him to a life of righteousness (Aqrab).

Commentary:

The verse contains a general injunction about the treatment of divorced women.

As is apparent from the context, the divorce spoken of here refers to the revocable divorce. After such divorce has been pronounced, there are only two courses open to the husband. He may either retain his wife and treat her with kindness or he may part with her in a good and becoming manner. He is not allowed to maltreat her and keep her in a state of suspense. The concluding part of the verse warns the husband against making light of the commandments of Allah relating to the rights of women, adding that, God being All-Knowing, even the hidden intentions and secret machinations of man are known to Him.

Important Words:

لاتعضلوھن (prevent them not) is derived from عضل. They say عضلھا i.e. he prevented or debarred her from marrying. The primary signification of عضل is the act of straitening or preventing, or withholding or debarring. عضل means, he straitened him in his affairs and intervened as an obstacle between him and that which he desired (Taj).

تراضوا (agree between themselves) is derived from رضی i.e. he was pleased, or he was satisfied, or he agreed. تراضی القومmeans, the people agreed between themselves, or they came to a mutual agreement (Aqrab).

ازکی (more blessed) is derived from زکا which means, it increased or augmented; it received blessing from God; it was or became pure. ازکی means, more blessed, containing greater benefits, conducive to more good (Aqrab).

Commentary:

The word "husbands" mentioned in this verse may refer either to former husbands or to prospective ones. In the former case, the clause, and when you divorce women, would be taken as referring to the first or second pronouncement of divorce. Sometimes, when a husband desires to take back his wife before pronouncing the third or irrevocable divorce, her offended relatives do not like her to go back to him again and therefore try to prevent her from remarrying him. The verse condemns that practice. In case the word "husbands" stands for prospective husbands, the above phrase would refer to the third or final divorce. Some men, even after the complete dissolution of their marriage, do not like the idea that their divorced wives should marry other persons and try to prevent them from contracting new marriages. This practice is also condemned in the clause, prevent them not from marrying their (prospective) husbands. Should the guardian of a divorced woman prevent her from remarrying her former husband or should the former husband prevent her from marrying a new husband, she can do so with the permission of the Qadi or the judge. The verse under comment also implies a repudiation of the evil practice of pronouncing three divorces at one and the same time, because had it been permissible, the question of divorced women remarrying their former husbands would have been meaningless.

31:15; 46:16.

65:7.

2:287; 6:153; 7:43; 23:63; 65:8.

Important Words:

یرضعن (give suck) is derived from رضع i.e. he (the babe) sucked. ارضعت means, she (the mother or the wet-nurse) gave suck to the child. استرضع means, he arranged for the suckling of the child; he engaged a wet-nurse for it. The infinitive-noun رضاعة signifies sucking. ھذا اخی من الرضاعة means, he is my foster-brother, both having sucked from the breast of the same woman (Aqrab & Lane).

حولین (two years) is the dual of حول (a year) which is the infinitive-noun from حال meaning, it passed and became complete, or it passed from one state to another, or it turned round. A year is called حول because it is a complete measure of time and turns round and round. حول also means strength and power to do a thing as in the well-known formula لاحول ولاقوة الابالله (Aqrab).

وسعھا (its capacity) is derived from وسع meaning, it was sufficiently capacious. وسعت رحمة الله کل شیء means, God’s mercy extends to, and covers, all things. وسع means capacity or power or strength. The infinitive-noun from it is سعة meaning, breadth; extent, capaciousness; capacity and power. ذوسعة means, a man of means or a man of ample means (Aqrab).

تکلف (is burdened) is derived from کلف. They say کلفه امرا i.e. he imposed on him the task of doing a thing, or he tasked him to do a thing. It also means, he ordered him to do a thing which was difficult or troublesome or inconvenient (Lane).

فصال (weaning the child) is derived from فصل which is both transitive and intransitive, meaning, he separated, he divided, he partitioned; or he got separated, he went forth from. فصلت المرأة رضیعھا means, the woman weaned her child, which is also a sort of separation between the woman and her suckling. ھذایوم الفصل means, this is the day when a decision or a distinction shall be made between the parties, i.e. the doers of good and the doers of evil. فصال means, the weaning of a child from its mother or from the woman who suckles it (Taj).

تشاور (consultation) is derived from شار. They say شارالعسل i.e. he extracted honey from the honey-comb. شارالدابة means, he rode the beast in order to try it and ascertain its worth. اشار besides giving the same meaning as شار, also means, he made a thing known, he pointed to a thing, he gave a word of good counsel to a person. شاوره means, he consulted him, he sought his advice and counsel. تشاور means, mutual consultation. مشورة and شوری give similar meanings, i.e. consultation (Aqrab).

Commentary:

If a woman is divorced while she is pregnant, the question of the suckling of the child and the expense of bringing it up naturally arises. The verse under comment supplies the answer. It points out that the suckling of the child should last for two years at the maximum. But it is allowable to discontinue it before the end of that period, if the father and the mother both agree on that course. The verse also implies that the child is not to be weaned before the end of two years without the consent of its mother.

The expression لاتضار is both in the active and the passive voice; the clause لاتضار والدة بولدھا may therefore mean that: (1) the mother shall not make the father suffer on account of her child; and (2) the mother shall not be made to suffer on account of her child; and both meanings are equally good and equitable. The words مولودله (he to whom the child belongs) have been used here in preference to the simpler word والد (father), in order to point to the inherent right of the father to possess the child and to his natural responsibility for its maintenance.

The clause, and the same is incumbent on the heir, lays down an important social principle. If a father dies leaving behind a child, it is the duty of his heirs to bring up the child and maintain it until it reaches puberty. This shall not be considered an act of favour on their part, but an act of duty. One who inherits the property of a deceased person is duty bound to bring up the children the latter may leave behind. He who receives a support from another must be prepared to give the same to him, when he may stand in need of it.

2:241.

2:229.

Important Words:

یتوفون (who die) is derived from توفی which is derived from وفی (wafa). They say وفی بالعھد i.e. he fulfilled his promise; he was faithful in his word. وفی فلانا حقه (waffa) means, he gave him his right in full. اوفی gives both the meanings ascribed to وفی and وفی(waffa) above. توفی means, he took something in full, as they say توفی حقه i.e. he got or obtained his right in full. توفی الله زیداmeans, God took away the soul of Zaid, leaving the body behind; God caused Zaid to die. توفی فلان means, his soul was taken away, i.e. he died. In this case God is متوفی (mutawaffi) and the man who dies is متوفی (mutawaffa). الوفاة means, death (Aqrab). The Quran says: الله یتوفی الانفس حین موتھاوالتی لم تمت فی منامھا i.e. God takes away the souls of men at the time of their death; and He also takes away the souls of men that have not died, during their sleep (39:43). The Arabic idiom, which has the support of the Quranic usage, definitely shows that wherever God is فاعل (i.e. subject) and a being having a soul is مفعول به(i.e. object) the word توفی invariably means, the taking away of the soul.

Commentary:

After having dealt with the question of the remarriage of divorced women, the Quran in this verse proceeds to issue commandments regarding widows. The عدة i.e. the period of waiting in the case of widows, is four months and ten days which roughly corresponds to four alternate periods of menstruation and purity combined. Islam has prescribed a longer period in the case of a widow as a mark of respect for her feelings at the death of her husband and has thus added to the dignity and sanctity of the marriage tie.

This verse also implies a rebuke to those who are opposed to widow remarriage, thinking it to be an insult to the family and a disgrace to the widowed woman. The words, what is fair, show that it is not only lawful, but preferable and desirable, for a widow to remarry. The words, in anything that they do with regard to themselves, obviously refer to remarriage. Elsewhere the Quran says, And marry your widows (24:33).

Important Words:

متعوھن (provide for them) is derived from متع (mata‘a). They say متع الشیء i.e. the thing became tall. متع الرجل means, the man became well off. متع الله فلانا (matta‘a) means, God granted him life and the necessaries thereof. متع المرأة المطلقة means, he provided his divorced wife with necessaries of life. تمتع به أو منه or استمتع means, he profited by it for some length of time; he was afforded an opportunity to enjoy it. المتاع means, things that are necessary for life without affording opulence; things useful and necessary such as food, clothing, household utensils, furniture, etc. (Aqrab & Lane).

المقتر (the poor man) is derived from قتر. They say قتر علی عیاله i.e. he was niggardly towards his family. اقتر الرجل means, the man became poor and straitened in circumstances. المقتر is, therefore, one who is poor, one who is in straitened circumstances (Aqrab).

Commentary:

Circumstances might arise when a husband may consider it necessary or desirable to divorce his wife before they have had conjugal relations, i.e. before the man has gone in unto his wife and even before any مھر (dowry) has been decided upon by the parties. The verse allows this procedure but makes it obligatory on the husband to see that in such a case his divorced wife receives suitable provision according to his means. Thus Islam seeks not only to provide for the divorced woman but to leave no trace of bitterness, which is very often the result of the dissolution of a marriage. The word المحسنین i.e. the virtuous or those who act benevolently, has been used to exhort the husband that the more generous he is in his treatment of his divorced wife, the more pleasing will his conduct be in the sight of God.