Al-Baqarah: 237

Ayah

Word by Word

وَإِن

And if

طَلَّقۡتُمُوهُنَّ

you divorce them

مِن

from

قَبۡلِ

before

أَن

[that]

تَمَسُّوهُنَّ

you (have) touched them

وَقَدۡ

while already

فَرَضۡتُمۡ

you have specified

لَهُنَّ

for them

فَرِيضَةٗ

an obligation (dower)

فَنِصۡفُ

then (give) half

مَا

(of) what

فَرَضۡتُمۡ

you have specified

إِلَّآ

unless

أَن

[that]

يَعۡفُونَ

they (women) forgo (it)

أَوۡ

يَعۡفُوَاْ

forgoes

ٱلَّذِي

the one

بِيَدِهِۦ

in whose hands

عُقۡدَةُ

(is the) knot

ٱلنِّكَاحِۚ

(of) the marriage

وَأَن

And that

تَعۡفُوٓاْ

you forgo

أَقۡرَبُ

(is) nearer

لِلتَّقۡوَىٰۚ

to [the] righteousness

وَلَا

And (do) not

تَنسَوُاْ

forget

ٱلۡفَضۡلَ

the graciousness

بَيۡنَكُمۡۚ

among you

إِنَّ

Indeed

ٱللَّهَ

Allah

بِمَا

of what

تَعۡمَلُونَ

you do

بَصِيرٌ

(is) All-Seer

Translation

And if ye divorce them before consummation, but after the fixation of a dower for them, then the half of the dower (Is due to them), unless they remit it or (the man's half) is remitted by him in whose hands is the marriage tie; and the remission (of the man's half) is the nearest to righteousness. And do not forget Liberality between yourselves. For Allah sees well all that ye do.

Tafsir

"Mentioning Marriage indirectly during the Iddah

Allah said:

وَلَا جُنَاحَ عَلَيۡكُمۡ فِيمَا عَرَّضۡتُم بِهِ مِنۡ خِطۡبَةِ النِّسَاء

And there is no sin on you if you make a hint of betrothal,

وَلَا جُنَاحَ عَلَيۡكُمۡ

(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:

وَلَا جُنَاحَ عَلَيۡكُمۡ فِيمَا عَرَّضۡتُم بِهِ مِنۡ خِطۡبَةِ النِّسَاء

(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:

وَلَا جُنَاحَ عَلَيۡكُمۡ فِيمَا عَرَّضۡتُم بِهِ مِنۡ خِطۡبَةِ النِّسَاء

(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-Nakhai, 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:

فَإِذَا حَلَلۡتِ فَأذِنِينِي

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:

أَوۡ أَكۡنَنتُمۡ فِي أَنفُسِكُمۡ

or conceal it in yourself,

meaning, if you hide the intention of seeking marriage with them.

Similarly, Allah said:

وَرَبُّكَ يَعۡلَمُ مَا تُكِنُّ صُدُورُهُمۡ وَمَا يُعۡلِنُونَ

And your Lord knows what their breasts conceal, and what they reveal. (28:69)

and,

وَأَنَاۡ أَعۡلَمُ بِمَأ أَخۡفَيۡتُمۡ وَمَأ أَعۡلَنتُمۡ

while I am All-Aware of what you conceal and what you reveal. (60:1)

So, Allah said here:

عَلِمَ اللّهُ أَنَّكُمۡ سَتَذۡكُرُونَهُنَّ

Allah knows that you will remember them,

meaning, in your hearts, so He made it easy for you.

Allah then said:

وَلَـكِن لاَّ تُوَاعِدُوهُنَّ سِرًّا

but do not make a promise (of contract) with them in secret.

Ali bin Abu Talhah reported that Ibn Abbas said that the Ayah 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:

إِلاَّ أَن تَقُولُواۡ قَوۡلاً مَّعۡرُوفًا

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:

إِلاإَّ أَن تَقُولُواۡ قَوۡلاإً مَّعۡرُوفًا

(...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:

وَلَا تَعۡزِمُواۡ عُقۡدَةَ النِّكَاحِ حَتَّىَ يَبۡلُغَ الۡكِتَابُ أَجَلَهُ

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:

حَتَّىَ يَبۡلُغَ الۡكِتَابُ أَجَلَهُ

(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:

وَاعۡلَمُواۡ أَنَّ اللّهَ يَعۡلَمُ مَا فِي أَنفُسِكُمۡ فَاحۡذَرُوهُ

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:

وَاعۡلَمُواۡ أَنَّ اللّهَ غَفُورٌ حَلِيمٌ

And know that Allah is Oft-Forgiving, Most Forbearing.

Divorce before consummating the Marriage

Allah says;

لااَّ جُنَاحَ عَلَيۡكُمۡ إِن طَلَّقۡتُمُ النِّسَاء مَا لَمۡ تَمَسُّوهُنُّ أَوۡ تَفۡرِضُواۡ لَهُنَّ فَرِيضَةً وَمَتِّعُوهُنَّ عَلَى الۡمُوسِعِ قَدَرُهُ وَعَلَى الۡمُقۡتِرِ قَدۡرُهُ مَتَاعًا بِالۡمَعۡرُوفِ حَقًّا عَلَى الۡمُحۡسِنِينَ

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.

Allah allowed divorce after the marriage contract and before consummating the marriage.

Ibn Abbas, Tawus, Ibrahim and Al-Hasan Al-Basri said that;

`touched' (mentioned in the Ayah) means sexual intercourse.

The husband is allowed to divorce his wife before consummating the marriage or giving the dowry if it was deferred.

The Mut`ah (Gift) at the time of Divorce

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.

The Wife gets half of Her Mahr if She is divorced before the Marriage is consummated

Allah says;

وَإِن طَلَّقۡتُمُوهُنَّ مِن قَبۡلِ أَن تَمَسُّوهُنَّ وَقَدۡ فَرَضۡتُمۡ لَهُنَّ فَرِيضَةً فَنِصۡفُ مَا فَرَضۡتُمۡ

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,

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 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:

إَلاَّ أَن يَعۡفُونَ

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 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:

أَوۡ يَعۡفُوَ الَّذِي بِيَدِهِ عُقۡدَةُ النِّكَاحِ

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:

وَلِيُّ عُقۡدَةِ النِّكَاحِ الزَّوۡج

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:

وَأَن تَعۡفُواۡ أَقۡرَبُ لِلتَّقۡوَى

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:

وَأَن تَعۡفُواۡ أَقۡرَبُ لِلتَّقۡوَى

""(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-Nakhai, 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:

وَلَا تَنسَوُاۡ الۡفَضۡلَ بَيۡنَكُمۡ

And do not forget liberality between yourselves.

meaning, kindness (or generosity), as Sa`id has stated.

Allah said:

إِنَّ اللّهَ بِمَا تَعۡمَلُونَ بَصِيرٌ

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.

Allah says;

حَافِظُواۡ عَلَى الصَّلَوَاتِ والصَّلَةِ الۡوُسۡطَى

Guard strictly (five obligatory) As-Salawat (the prayers) especially the Middle Salah. And stand before Allah with obedience.

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:

الصَّلَةُ عَلى وَقۡتِها

To offer the prayers at their fixed times.

I asked, `What is the next (in goodness)?'

He replied:

الۡجِهَادُ فِي سَبِيلِ الله

To participate in Jihad (religious fighting) in Allah's cause.""

I again asked, `What is the next (in goodness)?'

He replied:

بِرُّ الۡوَالِدَيۡن

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."""

Al-Baqarah: 237

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