وَإِذَا طَلَّقۡتُمُ ٱلنِّسَآءَ فَبَلَغۡنَ أَجَلَهُنَّ فَأَمۡسِكُوهُنَّ بِمَعۡرُوفٍ أَوۡ سَرِّحُوهُنَّ بِمَعۡرُوفٍ۬ۚ وَلَا تُمۡسِكُوهُنَّ ضِرَارً۬ا لِّتَعۡتَدُواْۚ وَمَن يَفۡعَلۡ ذَٲلِكَ فَقَدۡ ظَلَمَ نَفۡسَهُ ۥۚ وَلَا تَتَّخِذُوٓاْ ءَايَـٰتِ ٱللَّهِ هُزُوً۬اۚ وَٱذۡكُرُواْ نِعۡمَتَ ٱللَّهِ عَلَيۡكُمۡ وَمَآ أَنزَلَ عَلَيۡكُم مِّنَ ٱلۡكِتَـٰبِ وَٱلۡحِكۡمَةِ يَعِظُكُم بِهِۦۚ وَٱتَّقُواْ ٱللَّهَ وَٱعۡلَمُوٓاْ أَنَّ ٱللَّهَ بِكُلِّ شَىۡءٍ عَلِيمٌ۬
And when you divorce women and they have [nearly] fulfilled their term, either retain them according to acceptable terms or release them according to acceptable terms, and do not keep them, intending harm, to transgress [against them]. And whoever does that has certainly wronged himself. And do not take the verses of Allah in jest. And remember the favor of Allah upon you and what has been revealed to you of the Book and wisdom by which He instructs you. And fear Allah and know that Allah is Knowing of all things.
Allah said:
(And if he has divorced her) meaning, the second husband after he had complete sexual relations with her,
(it is no sin on both of them that they reunite) meaning, the wife and her first husband,
(provided they feel that they can keep the limits ordained by Allah.) meaning, they live together honorably. Mujahid said, "If they are convinced that the aim behind their marriage is honorable.'' Next, Allah said:
(These are the limits of Allah,) His commandments and legislation,
(He makes plain)
(for the people who have knowledge.)
(231. And when you have divorced women and they have fulfilled the term of their prescribed period, either take them back on a reasonable basis or set them free on a reasonable basis. But do not take them back to hurt them, and whoever does that, then he has wronged himself. And treat not the verses (Laws) of Allah in jest, but remember Allah's favors on you (i.e., Islam), and that which He has sent down to you of the Book (i.e., the Qur'an) and Al-Hikmah (the Prophet's Sunnah ـ legal ways ـ Islamic jurisprudence) whereby He instructs you. And fear Allah, and know that Allah is All-Aware of everything).
وَإِذَا طَلَّقۡتُمُ ٱلنِّسَآءَ فَبَلَغۡنَ أَجَلَهُنَّ فَلَا تَعۡضُلُوهُنَّ أَن يَنكِحۡنَ أَزۡوَٲجَهُنَّ إِذَا تَرَٲضَوۡاْ بَيۡنَہُم بِٱلۡمَعۡرُوفِۗ ذَٲلِكَ يُوعَظُ بِهِۦ مَن كَانَ مِنكُمۡ يُؤۡمِنُ بِٱللَّهِ وَٱلۡيَوۡمِ ٱلۡأَخِرِۗ ذَٲلِكُمۡ أَزۡكَىٰ لَكُمۡ وَأَطۡهَرُۗ وَٱللَّهُ يَعۡلَمُ وَأَنتُمۡ لَا تَعۡلَمُونَ
And when you divorce women and they have fulfilled their term, do not prevent them from remarrying their [former] husbands if they agree among themselves on an acceptable basis. That is instructed to whoever of you believes in Allah and the Last Day. That is better for you and purer, and Allah knows and you know not.
This is a command from Allah to men that when one of them divorces his wife with a reversible divorce, he should treat her kindly. So when her term of `Iddah (waiting period) nears its end, he either takes her back in a way that is better, including having witnesses that he has taken her back, and he lives with her with kindness. Or, he should release her after her `Iddah finishes and then kindly asks her to depart from his house, without disputing, fighting with her or using foul words. Allah then said:
(But do not take them back to hurt them,)
Ibn `Abbas, Mujahid, Masruq, Al-Hasan, Qatadah, Ad-Dahhak, Ar-Rabi` and Muqatil bin Hayyan said that a man used to divorce his wife, and when her `Iddah came near its end, he would take her back to harm her and to stop her from marrying someone else. He then divorced her and she would begin her `Iddah and when her `Iddah term neared its end, he would take her back again, so that the term of `Iddah would be prolonged for her. After that, Allah prohibited this practice. Allah has also threatened those who indulge in such practices, when He said;
(...and whoever does that, then he has wronged himself.) meaning, by defying Allah's commandments. Allah then said:
(And treat not the verses (Laws) of Allah in a jest,)
Ibn Jarir said that Abu Musa (Al-Ash`ari) narrated that Allah's Messenger once became angry at the Ash`ari tribe. Abu Musa went to him and said, "O Messenger of Allah! Are you angry with the Ash`ariyyin'' The Prophet said:
(One of you says, `I divorced her' -then says- `I took her back!' This is not the appropriate way Muslims conduct divorce. Divorce the woman when she has fulfilled the term of the prescribed period.)
Masruq said that the Ayah refers to the man who harms his wife by divorcing her and then taking her back, so that the `Iddah term is prolonged for her. Al-Hasan, Qatadah, `Ata' Al-Khurasani, Ar-Rabi` and Muqatil bin Hayyan said, "He is the man who divorces his wife and says, `I was joking.' Or he frees a servant or gets married and says, `I was only joking.' Allah revealed:
(And treat not the verses (Laws) of Allah in a jest,)
Then such men were made to bear the consequences of their actions.
Allah then said:
(...but remember Allah's favors on you,) meaning, by His sending His Messenger with the right guidance and clear signs to you:
(...and that which He has sent down to you of the Book (i.e., the Qur'an) and Al-Hikmah) meaning the Sunnah,
(...whereby He instructs you.) meaning, commands you, forbids you and threatens you for transgressing His prohibitions. Allah said:
(And fear Allah) meaning, concerning what you perform and what you avoid,
(and know that Allah is All-Aware of everything.) none of your secret or public affairs ever escapes His knowledge, and He will treat you accordingly.
(232. And when you have divorced women and they have fulfilled the term of their prescribed period, do not prevent them from marrying their (former) husbands, if they mutually agree on reasonable basis. This (instruction) is an admonition for him among you who believes in Allah and the Last Day. That is more virtuous and purer for you. Allah knows and you know not.)
۞ وَٱلۡوَٲلِدَٲتُ يُرۡضِعۡنَ أَوۡلَـٰدَهُنَّ حَوۡلَيۡنِ كَامِلَيۡنِۖ لِمَنۡ أَرَادَ أَن يُتِمَّ ٱلرَّضَاعَةَۚ وَعَلَى ٱلۡمَوۡلُودِ لَهُ ۥ رِزۡقُهُنَّ وَكِسۡوَتُہُنَّ بِٱلۡمَعۡرُوفِۚ لَا تُكَلَّفُ نَفۡسٌ إِلَّا وُسۡعَهَاۚ لَا تُضَآرَّ وَٲلِدَةُۢ بِوَلَدِهَا وَلَا مَوۡلُودٌ۬ لَّهُ ۥ بِوَلَدِهِۦۚ وَعَلَى ٱلۡوَارِثِ مِثۡلُ ذَٲلِكَۗ فَإِنۡ أَرَادَا فِصَالاً عَن تَرَاضٍ۬ مِّنۡہُمَا وَتَشَاوُرٍ۬ فَلَا جُنَاحَ عَلَيۡہِمَاۗ وَإِنۡ أَرَدتُّمۡ أَن تَسۡتَرۡضِعُوٓاْ أَوۡلَـٰدَكُمۡ فَلَا جُنَاحَ عَلَيۡكُمۡ إِذَا سَلَّمۡتُم مَّآ ءَاتَيۡتُم بِٱلۡمَعۡرُوفِۗ وَٱتَّقُواْ ٱللَّهَ وَٱعۡلَمُوٓاْ أَنَّ ٱللَّهَ بِمَا تَعۡمَلُونَ بَصِيرٌ۬
Mothers may breastfeed their children two complete years for whoever wishes to complete the nursing [period]. Upon the father is the mothers' provision and their clothing according to what is acceptable. No person is charged with more than his capacity. No mother should be harmed through her child, and no father through his child. And upon the [father's] heir is [a duty] like that [of the father]. And if they both desire weaning through mutual consent from both of them and consultation, there is no blame upon either of them. And if you wish to have your children nursed by a substitute, there is no blame upon you as long as you give payment according to what is acceptable. And fear Allah and know that Allah is Seeing of what you do.
It was reported that this Ayah was revealed about Ma`qil bin Yasar Al-Muzani and his sister. Al-Bukhari reported in his Sahih, when he mentioned the Tafsir of this Ayah (2:232), that the husband of the sister of Ma`qil bin Yasar divorced her. He waited until her `Iddah finished and then asked to remarry her, but Ma`qil refused. Then, this Ayah was sent down:
(...do not prevent them from marrying their (former) husbands.)
Abu Dawud, At-Tirmidhi, Ibn Abu Hatim, Ibn Jarir and Ibn Marduwyah and Al-Bayhaqi reported this Hadith from Al-Hasan from Ma`qil bin Yasar. At-Tirmidhi rendered this Hadith authentic and in his narration, Ma`qil bin Yasar gave his sister in marriage for a Muslim man during the time of Allah's Messenger . She remained with him for a while and he divorced her once and did not take her back until her `Iddah finished. They then wanted to get back with each other and he came to ask her for marriage. Ma`qil said to him, "O ungrateful one! I honored you and married her to you but you divorced her. By Allah! She will never be returned to you.'' But Allah knew his need for his wife and her need for her husband and He revealed:
(And when you have divorced women and they have fulfilled the term of their prescribed period, ) until He said:
(...and you know not.)
When Ma`qil heard the Ayah, he said, "I hear and obey my Lord.'' He then summoned the man and said, "I will honor you and let you remarry (my sister).'' Ibn Marduwyah added (that Ma`qil said), "And will pay (the expiation) for breaking my vow.''
Allah said:
(This (instruction) is an admonition for him among you who believes in Allah and the Last Day.) meaning, prohibiting you from preventing the women from marrying their ex-husbands, if they both agree to it,
(among you) O people,
(who believes in Allah and the Last Day.) meaning, believes in Allah's commandments and fears His warnings and the torment in the Hereafter. Allah said:
(That is more virtuous and purer for you.) meaning, obeying Allah's Law by returning the women to their ex-husbands, and abandoning your displeasure, is purer and cleaner for your hearts,
(Allah knows) the benefits you gain from what He commands and what He forbids.
(and you know not) the benefits in what you do or what you refrain from doing.
(233. The mothers should suckle their children for two whole years, (that is) for those (parents) who desire to complete the term of suckling, but the father of the child shall bear the cost of the mother's food and clothing on a reasonable basis. No person shall have a burden laid on him greater than he can bear. No mother shall be treated unfairly on account of her child, nor father on account of his child. And on the (father's) heir is incumbent the like of that (which was incumbent on the father). If they both decide on weaning, by mutual consent, and after due consultation, there is no sin on them. And if you decide on a foster suckling-mother for your children, there is no sin on you, provided you pay (the mother) what you agreed (to give her) on a reasonable basis. And fear Allah and know that Allah is All-Seer of what you do.)
وَٱلَّذِينَ يُتَوَفَّوۡنَ مِنكُمۡ وَيَذَرُونَ أَزۡوَٲجً۬ا يَتَرَبَّصۡنَ بِأَنفُسِهِنَّ أَرۡبَعَةَ أَشۡہُرٍ۬ وَعَشۡرً۬اۖ فَإِذَا بَلَغۡنَ أَجَلَهُنَّ فَلَا جُنَاحَ عَلَيۡكُمۡ فِيمَا فَعَلۡنَ فِىٓ أَنفُسِهِنَّ بِٱلۡمَعۡرُوفِۗ وَٱللَّهُ بِمَا تَعۡمَلُونَ خَبِيرٌ۬
And those who are taken in death among you and leave wives behind – they, [the wives, shall] wait four months and ten [days]. And when they have fulfilled their term, then there is no blame upon you for what they do with themselves in an acceptable manner. And Allah is [fully] Acquainted with what you do.
Allah said:
(If they both decide on weaning, by mutual consent, and after due consultation, there is no sin on them.)
This Ayah indicates that if the father and the mother decide on the Fitam (weaning) before the two years (of suckling) end, and for a benefit that they duly discuss and agree upon, then there is no sin in this case. So, the Ayah indicates that one parent is not allowed to make this kind of decision without duly consulting the other parent, as stated by Ath-Thawri. The method of mutual consultation protects the child's interests. It is also a mercy from Allah to His servants, for He has legislated the best method for parents to rear their children, and His legislation guides and directs the parents and the children to success. Similarly, Allah said in Surat At-Talaq (chapter 65 in the Qur'an):
(Then if they give suck to the children for you, give them their due payment, and let each of you accept the advice of the other in a just way. But if you make difficulties for one another, then some other woman may give suck for him (the father of the child).) (65:6)
Allah then said:
(And if you decide on a foster suckling-mother for your children, there is no sin on you, provided you pay (the mother) what you agreed (to give her) on a reasonable basis.) meaning, if the mother and the father both agree that the father assumes custody of the child due to a circumstance that compels her or allows him to do so, then there is no sin in this case. Hence, the mother is allowed to give up the child and the father is allowed to assume custody of the child. The father should kindly give the mother her expenses for the previous period (during which she reared and suckled the child), and he should seek other women to suckle his child for monetary compensation. Thereafter, Allah said:
(And fear Allah) meaning, in all of your affairs,
(And know that Allah is All-Seer of what you do.) meaning, none of your affairs or speech escapes His perfect Watch.
(234. And those of you who die and leave wives behind them, they (the wives) shall wait (as regards their marriage) for four months and ten days, then when they have fulfilled their term, there is no sin on you if they (the wives) dispose of themselves in a (just and) honorable manner (i.e., they can marry). And Allah is well-acquainted with what you do.)
وَلَا جُنَاحَ عَلَيۡكُمۡ فِيمَا عَرَّضۡتُم بِهِۦ مِنۡ خِطۡبَةِ ٱلنِّسَآءِ أَوۡ أَڪۡنَنتُمۡ فِىٓ أَنفُسِكُمۡۚ عَلِمَ ٱللَّهُ أَنَّكُمۡ سَتَذۡكُرُونَهُنَّ وَلَـٰكِن لَّا تُوَاعِدُوهُنَّ سِرًّا إِلَّآ أَن تَقُولُواْ قَوۡلاً۬ مَّعۡرُوفً۬اۚ وَلَا تَعۡزِمُواْ عُقۡدَةَ ٱلنِّڪَاحِ حَتَّىٰ يَبۡلُغَ ٱلۡكِتَـٰبُ أَجَلَهُ ۥۚ وَٱعۡلَمُوٓاْ أَنَّ ٱللَّهَ يَعۡلَمُ مَا فِىٓ أَنفُسِكُمۡ فَٱحۡذَرُوهُۚ وَٱعۡلَمُوٓاْ أَنَّ ٱللَّهَ غَفُورٌ حَلِيمٌ۬
There is no blame upon you for that to which you [indirectly] allude concerning a proposal to women or for what you conceal within yourselves. Allah knows that you will have them in mind. But do not promise them secretly except for saying a proper saying. And do not determine to undertake a marriage contract until the decreed period reaches its end. And know that Allah knows what is within yourselves, so beware of Him. And know that Allah is Forgiving and Forbearing.
Allah said:
(...then when they have fulfilled their term, there is no sin on you if they (the wives) dispose of themselves in a (just and) honorable manner (i.e., they can marry). And Allah is well-acquainted with what you do.)
This Ayah indicates that mourning for the dead husband is required until the `Iddah is finished. It is also reported in the Two Sahihs that Umm Habibah and Zaynab bint Jahsh narrated that Allah's Messenger said:
(It is not lawful for a woman who believes in Allah and the Last Day to mourn for more than three days for any dead person except her husband, for whom she mourns for four months and ten days.)
It is reported in the Two Sahihs that Umm Salamah said that a woman said, "O Messenger of Allah! My daughter's husband died and she is complaining about her eye, should we administer kohl in her eye'' He said, "No,'' several times upon repeating this question. He then said:
(It is four months and ten (nights)! During the Jahiliyyah, one of you would mourn for an entire year.)
Zaiynab the daughter of Umm Salamah said (about the pre-Islamic era of ignorance), "When the woman's husband died, she would go into seclusion and would wear the worst clothes she has. She would refrain from wearing perfume or any adornments until a year passed. She would then come out of seclusion and would be given dung that she would throw. Then an animal would be brought out, a donkey, a sheep, or a bird. Then some blood would be drained from it, usually resulting in its death.''
In short, the mourning required from a wife whose husband dies, includes not using beautification aids, such as wearing perfume and the clothes and jewelry that encourage the men to seek marriage from the woman. All widows must observe this period of mourning whether they are young, old, free, servant, Muslim or disbeliever, as the general meaning of the Ayah indicates.
Allah also said:
(...then when they have fulfilled their term) meaning, when the `Iddah finishes, according to Ad-Dahhak and Ar-Rabi` bin Anas.
(there is no sin on you) Az-Zuhri said, "Meaning her Wali (guardian).''
(if they (the wives) dispose) meaning, the women whose `Iddah has finished. Al-`Awfi said that Ibn `Abbas said, "If the woman is divorced or if her husband dies and then her `Iddah term ends, there is no sin that she beautifies herself, so that she becomes ready for marriage proposals. This is the way `that is just and honorable'.'' It was reported that Muqatil bin Hayyan gave the same explanation. Ibn Jurayj related that Mujahid said:
(...there is no sin on you if they (the wives) dispose of themselves in a just and honorable manner.) "refers to allowed and pure (honorable) marriage.'' It was also reported that Al-Hasan, Az-Zuhri and As-Suddi said the same.
(235. And there is no sin on you if you make a hint of betrothal or conceal it in yourself, Allah knows that you will remember them, but do not make a promise (of contract) with them in secret except that you speak an honorable saying. And do not be determined on the marriage bond until the term prescribed is fulfilled. And know that Allah knows what is in your minds, so fear Him. And know that Allah is Oft-Forgiving, Most Forbearing.)
لَّا جُنَاحَ عَلَيۡكُمۡ إِن طَلَّقۡتُمُ ٱلنِّسَآءَ مَا لَمۡ تَمَسُّوهُنَّ أَوۡ تَفۡرِضُواْ لَهُنَّ فَرِيضَةً۬ۚ وَمَتِّعُوهُنَّ عَلَى ٱلۡمُوسِعِ قَدَرُهُ ۥ وَعَلَى ٱلۡمُقۡتِرِ قَدَرُهُ ۥ مَتَـٰعَۢا بِٱلۡمَعۡرُوفِۖ حَقًّا عَلَى ٱلۡمُحۡسِنِينَ
There is no blame upon you if you divorce women you have not touched nor specified for them an obligation. But give them [a gift of] compensation – the wealthy according to his capability and the poor according to his capability – a provision according to what is acceptable, a duty upon the doers of good.
Allah said:
(And there is no sin on you) meaning, to indirectly mention marriage to the widow during the term of `Iddah for her deceased husband. Ath-Thawri, Shu`bah and Jarir stated that Ibn `Abbas said:
(And there is no sin on you if you make a hint of betrothal) "means saying, `I want to marry and I am looking for a woman whose qualities are such and such,' thus talking to her in general terms in a way that is better.'' In another narration (by Ibn `Abbas), "Saying, `I wish that Allah endows me with a wife,' but he should not make a direct marriage proposal.'' Al-Bukhari reported that Ibn `Abbas said that the Ayah:
(And there is no sin on you if you make a hint of betrothal) means, "The man could say, `I wish to marry,' `I desire a wife,' or, `I wish I could find a good wife'.'' Mujahid, Tawus, `Ikrimah, Sa`id bin Jubayr, Ibrahim An-Nakha`i, Ash-Sha`bi, Al-Hasan, Qatadah, Az-Zuhri, Yazid bin Qusayt, Muqatil bin Hayyan and Al-Qasim bin Muhammad and several others among the Salaf and the Imams said that one is allowed to mention marriage indirectly to the woman whose husband died. It is also allowed to indirectly mention marriage to a woman who had gone through final, irrevocable divorce. The Prophet ordered Fatimah bint Qays to remain in the house of Ibn Umm Maktum for `Iddah when her husband Abu `Amr bin Hafs divorced her for the third time. He said to her:
(Inform me when your `Iddah term ends.)
When she finished the `Iddah, Usamah bin Zayd, the Prophet's freed slave asked to marry her, and the Prophet married her to him. As for the divorced wife (not irrevocably divorced), there is no disagreement that it is not allowed for other than her husband to mention marriage proposals to her directly or indirectly (before the `Iddah finishes). Allah knows best.
Allah said:
(...or conceal it in yourself,) meaning, if you hide the intention of seeking marriage with them. Similarly, Allah said:
(And your Lord knows what their breasts conceal, and what they reveal) (28:69) and:
(...while I am All-Aware of what you conceal and what you reveal.) (60: 1) So, Allah said here:
(Allah knows that you will remember them) meaning, in your hearts, so He made it easy for you. Allah then said:
(...but do not make a promise (of contract) with them in secret)
`Ali bin Abu Talhah reported that Ibn `Abbas said that
(but do not make a promise (of contract) with them in secret) means do not say to her, "I am in love (with you),'' or, "Promise me you will not marry someone else (after the `Iddah finishes),'' and so forth. Sa`id bin Jubayr, Ash-Sha`bi, `Ikrimah, Abu Ad-Duha, Ad-Dahhak, Az-Zuhri, Mujahid and Ath-Thawri said that it (meaning of the Ayah) means taking the woman's promise not to marry someone else.
Afterwards, Allah said:
(...except that you speak an honorable saying.)
Ibn `Abbas, Mujahid, Sa`id bin Jubayr, As-Suddi, Ath-Thawri and Ibn Zayd said that the Ayah means to indirectly refer to marriage, such as saying, "I desire someone like you.'' Muhammad bin Sirin said: I asked `Ubaydah about the meaning of Allah's statement:
(. ..except that you speak an honorable saying.) He said, "He says to her Wali, `Do not give her away (in marriage) until you inform me first'.'' This statement was narrated by Ibn Abu Hatim.
Allah then said:
(And do not be determined on the marriage bond until the term prescribed is fulfilled.) meaning, do not make marriage contracts before the `Iddah finishes. Ibn `Abbas, Mujahid, Ash-Sha`bi, Qatadah, Ar-Rabi` bin Anas, Abu Malik, Zayd bin Aslam, Muqatil bin Hayyan, Az-Zuhri, `Ata' Al-Khurasani, As-Suddi, Ath-Thawri and Ad-Dahhak said that:
(until the term prescribed is fulfilled.) means, `Do not consummate the marriage before the `Iddah term finishes.' The scholars agree that marriage contracts during the `Iddah are invalid.
Allah then said:
(And know that Allah knows what is in your minds, so fear Him.) warning the men against the ideas they conceal in their hearts about women, directing them to think good about them rather than the evil, and Allah would not let them despair of His mercy, as He said:
(And know that Allah is Oft-Forgiving, Most Forbearing.)
(236. There is no sin on you, if you divorce women while yet you have not touched them, nor appointed for them their due (dowry). But give them a Mut`ah (a suitable gift, the rich according to his means, and the poor according to his means, a gift of reasonable amount is a duty on the doers of good.)
وَإِن طَلَّقۡتُمُوهُنَّ مِن قَبۡلِ أَن تَمَسُّوهُنَّ وَقَدۡ فَرَضۡتُمۡ لَهُنَّ فَرِيضَةً۬ فَنِصۡفُ مَا فَرَضۡتُمۡ إِلَّآ أَن يَعۡفُونَ أَوۡ يَعۡفُوَاْ ٱلَّذِى بِيَدِهِۦ عُقۡدَةُ ٱلنِّكَاحِۚ وَأَن تَعۡفُوٓاْ أَقۡرَبُ لِلتَّقۡوَىٰۚ وَلَا تَنسَوُاْ ٱلۡفَضۡلَ بَيۡنَكُمۡۚ إِنَّ ٱللَّهَ بِمَا تَعۡمَلُونَ بَصِيرٌ
And if you divorce them before you have touched them and you have already specified for them an obligation, then [give] half of what you specified – unless they forego the right or the one in whose hand is the marriage contract foregoes it. And to forego it is nearer to righteousness. And do not forget graciousness between you. Indeed Allah, of whatever you do, is Seeing.
Allah commands the husband to give the wife (whom he divorces before consummating the marriage) a gift of a reasonable amount, the rich according to his means and the poor according to his means, to compensate her for her loss. Al-Bukhari reported in his Sahih that Sahl bin Sa`d and Abu Usayd said that Allah's Messenger married Umaymah bint Sharahil. When she was brought to the Prophet he extended his hand to her, but she did not like that. The Prophet then ordered Abu Usayd to provide provisions for her along with a gift of two garments.
(237. And if you divorce them before you have touched (had a sexual relation with) them, and you have appointed for them their due (dowry), then pay half of that, unless they (the women) agree to remit it, or he (the husband), in whose hands is the marriage tie, agrees to remit it. And to remit is nearer to At-Taqwa (piety, righteousness). And do not forget liberality between yourselves. Truly, Allah is All-Seer of what you do.)
حَـٰفِظُواْ عَلَى ٱلصَّلَوَٲتِ وَٱلصَّلَوٰةِ ٱلۡوُسۡطَىٰ وَقُومُواْ لِلَّهِ قَـٰنِتِينَ
Maintain with care the [obligatory] prayers and [in particular] the middle prayer and stand before Allah, devoutly obedient.
This honorable Ayah is not a continuation of the Mut`ah (gift) that was mentioned in the previous Ayah (i.e., divorce before the marriage is consummated). This Ayah (2:237) requires the husband to relinquish half of the appointed Mahr if he divorces his wife before the marriage is consummated. If it was discussing any other type of gift, then it would have been mentioned that way, especially when this Ayah follows the previous Ayah related to this subject. Allah knows best. Giving away half of the bridal-money in this case is the agreed practice according to the scholars. So, the husband pays half of the appointed Mahr if he divorces his wife before consummating the marriage.
Allah then said:
(unless they (the women) agree to remit it,) meaning, the wife forfeits the dowry and relieves the husband from further financial responsibility. As-Suddi said that Abu Salih mentioned that Ibn `Abbas commented on Allah's statement:
(unless they (the women) agree to remit it,) "Unless the wife forfeits her right.''Furthermore, Imam Abu Muhammad bin Abu Hatim said that it was reported that Shurayh, Sa`id bin Musayyib, `Ikrimah, Mujahid, Ash-Sha`bi, Al-Hasan, Nafi`, Qatadah, Jabir bin Zayd, `Ata' Al-Khurasani, Ad-Dahhak, Az-Zuhri, Muqatil bin Hayyan, Ibn Sirin, Ar-Rabi` bin Anas and As-Suddi said similarly.
Allah then said:
(...or he (the husband), in whose hands is the marriage tie, agrees to remit it.)
Ibn Abu Hatim reported that `Amr bin Shu`ayb said that his grandfather narrated that the Prophet said:
(The husband is he who has the marriage tie.)
Ibn Marduwyah also reported this Hadith, and it is the view chosen by Ibn Jarir. The Hadith states that the husband is the person who really holds the marriage tie in his hand, as it is up to him to go on with the marriage or end it. On the other hand, the Wali of the wife is not allowed to give away any of her rightful dues without her permission, especially the dowry.
Allah then stated:
(And to remit it is nearer to At-Taqwa (piety, righteousness).)
Ibn Jarir said, "Some scholars said that this statement is directed at both men and women.'' Ibn `Abbas said:
(And to remit it is nearer to At-Taqwa (piety, righteousness).) indicates that the one who forgives, is nearer to At-Taqwa (piety).'' A similar statement was made by Ash-Sha`bi and several other scholars.
Mujahid, An-Nakha`i, Ad-Dahhak, Muqatil bin Hayyan, Ar-Rabi` bin Anas and Thawri stated that `liberality' mentioned in the Ayah refers to the woman giving away her half Mahr, or the man giving away the full Mahr. This is why Allah said here:
(And do not forget liberality between yourselves.) meaning, kindness (or generosity), as Sa`id has stated. Allah said:
(Truly, Allah is All-Seer of what you do.) meaning, none of your affairs ever escapes His perfect Watch, and He will reward each according to his deeds.
(238. Guard strictly (five obligatory) As-Salawat (the prayers) especially the Middle Salah. And stand before Allah with obedience.) (239. And if you fear (an enemy), (perform Salah) on foot or riding. And when you are in safety, then remember Allah (pray) in the manner He has taught you, which you knew not (before).)
Allah commands that the prayer should be performed properly and on time. It is reported in the Two Sahihs that Ibn Mas`ud said, "I asked the Prophet, `Which deed is the dearest (to Allah)' He replied:
(To offer the prayers at their fixed times.) I asked, `What is the next (in goodness)' He replied:
(To participate in Jihad (religious fighting) in Allah's cause.)'' I again asked, `What is the next (in goodness)' He replied:
(To be good and dutiful to your parents.) `Abdullah then added, "The Prophet told me these words, and had I asked more, the Prophet would have told me more.''
فَإِنۡ خِفۡتُمۡ فَرِجَالاً أَوۡ رُكۡبَانً۬اۖ فَإِذَآ أَمِنتُمۡ فَٱذۡڪُرُواْ ٱللَّهَ كَمَا عَلَّمَڪُم مَّا لَمۡ تَكُونُواْ تَعۡلَمُونَ
And if you fear [an enemy, then pray] on foot or riding. But when you are secure, then remember Allah [in prayer], as He has taught you that which you did not [previously] know.
This honorable Ayah is not a continuation of the Mut`ah (gift) that was mentioned in the previous Ayah (i.e., divorce before the marriage is consummated). This Ayah (2:237) requires the husband to relinquish half of the appointed Mahr if he divorces his wife before the marriage is consummated. If it was discussing any other type of gift, then it would have been mentioned that way, especially when this Ayah follows the previous Ayah related to this subject. Allah knows best. Giving away half of the bridal-money in this case is the agreed practice according to the scholars. So, the husband pays half of the appointed Mahr if he divorces his wife before consummating the marriage.
Allah then said:
(unless they (the women) agree to remit it,) meaning, the wife forfeits the dowry and relieves the husband from further financial responsibility. As-Suddi said that Abu Salih mentioned that Ibn `Abbas commented on Allah's statement:
(unless they (the women) agree to remit it,) "Unless the wife forfeits her right.''Furthermore, Imam Abu Muhammad bin Abu Hatim said that it was reported that Shurayh, Sa`id bin Musayyib, `Ikrimah, Mujahid, Ash-Sha`bi, Al-Hasan, Nafi`, Qatadah, Jabir bin Zayd, `Ata' Al-Khurasani, Ad-Dahhak, Az-Zuhri, Muqatil bin Hayyan, Ibn Sirin, Ar-Rabi` bin Anas and As-Suddi said similarly.
Allah then said:
(...or he (the husband), in whose hands is the marriage tie, agrees to remit it.)
Ibn Abu Hatim reported that `Amr bin Shu`ayb said that his grandfather narrated that the Prophet said:
(The husband is he who has the marriage tie.)
Ibn Marduwyah also reported this Hadith, and it is the view chosen by Ibn Jarir. The Hadith states that the husband is the person who really holds the marriage tie in his hand, as it is up to him to go on with the marriage or end it. On the other hand, the Wali of the wife is not allowed to give away any of her rightful dues without her permission, especially the dowry.
Allah then stated:
(And to remit it is nearer to At-Taqwa (piety, righteousness).)
Ibn Jarir said, "Some scholars said that this statement is directed at both men and women.'' Ibn `Abbas said:
(And to remit it is nearer to At-Taqwa (piety, righteousness).) indicates that the one who forgives, is nearer to At-Taqwa (piety).'' A similar statement was made by Ash-Sha`bi and several other scholars.
Mujahid, An-Nakha`i, Ad-Dahhak, Muqatil bin Hayyan, Ar-Rabi` bin Anas and Thawri stated that `liberality' mentioned in the Ayah refers to the woman giving away her half Mahr, or the man giving away the full Mahr. This is why Allah said here:
(And do not forget liberality between yourselves.) meaning, kindness (or generosity), as Sa`id has stated. Allah said:
(Truly, Allah is All-Seer of what you do.) meaning, none of your affairs ever escapes His perfect Watch, and He will reward each according to his deeds.
(238. Guard strictly (five obligatory) As-Salawat (the prayers) especially the Middle Salah. And stand before Allah with obedience.) (239. And if you fear (an enemy), (perform Salah) on foot or riding. And when you are in safety, then remember Allah (pray) in the manner He has taught you, which you knew not (before).)
Allah commands that the prayer should be performed properly and on time. It is reported in the Two Sahihs that Ibn Mas`ud said, "I asked the Prophet, `Which deed is the dearest (to Allah)' He replied:
(To offer the prayers at their fixed times.) I asked, `What is the next (in goodness)' He replied:
(To participate in Jihad (religious fighting) in Allah's cause.)'' I again asked, `What is the next (in goodness)' He replied:
(To be good and dutiful to your parents.) `Abdullah then added, "The Prophet told me these words, and had I asked more, the Prophet would have told me more.''
وَٱلَّذِينَ يُتَوَفَّوۡنَ مِنڪُمۡ وَيَذَرُونَ أَزۡوَٲجً۬ا وَصِيَّةً۬ لِّأَزۡوَٲجِهِم مَّتَـٰعًا إِلَى ٱلۡحَوۡلِ غَيۡرَ إِخۡرَاجٍ۬ۚ فَإِنۡ خَرَجۡنَ فَلَا جُنَاحَ عَلَيۡڪُمۡ فِى مَا فَعَلۡنَ فِىٓ أَنفُسِهِنَّ مِن مَّعۡرُوفٍ۬ۗ وَٱللَّهُ عَزِيزٌ حَڪِيمٌ۬
And those who are taken in death among you and leave wives behind – for their wives is a bequest: maintenance for one year without turning [them] out. But if they leave [of their own accord], then there is no blame upon you for what they do with themselves in an acceptable way. And Allah is Exalted in Might and Wise.
Allah said:
(And when you are in safety, then remember Allah (pray)) meaning, `Perform the prayer as I have commanded you by completing its bowing, prostration, standing, sitting, and with the required attention (in the heart) and supplication.' Allah said:
(in the manner He has taught you, which you knew not (before).) meaning, just as He has endowed you, guided you and taught you about what benefits you in this life and the Hereafter, so thank and remember Him. Similarly, Allah said after He mentioned the prayer of Fear,
(...but when you are free from danger, perform As-Salah. Verily, As-Salah (the prayer) is enjoined on the believers at fixed hours.) (4:103)
We will mention the Hadiths about the prayer of Fear and its description in Surat An-Nisa' while mentioning Allah's statement:
(When you (O Messenger Muhammad) are among them, and lead them in As-Salah (the prayer).) (4:102)
(240. And those of you who die and leave behind wives should bequeath for their wives a year's maintenance (and residence) without turning them out, but if they (wives) leave, there is no sin on you for that which they do of themselves, provided it is honorable (e.g., lawful marriage). And Allah is All-Mighty, All-Wise.) (241. And for divorced women, maintenance (should be provided) on reasonable (scale). This is a duty on Al-Muttaqin (the pious).) (242. Thus Allah makes clear His Ayat (Laws) to you, in order that you may understand.)