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Ayah
Word by Word
وَإِنۡ
And if
عَزَمُواْ
they resolve
ٱلطَّلَٰقَ
(on) [the] divorce
فَإِنَّ
then indeed
ٱللَّهَ
Allah
سَمِيعٌ
(is) All-Hearing
عَلِيمٞ
All-Knowing
وَإِنۡ
And if
عَزَمُواْ
they resolve
ٱلطَّلَٰقَ
(on) [the] divorce
فَإِنَّ
then indeed
ٱللَّهَ
Allah
سَمِيعٌ
(is) All-Hearing
عَلِيمٞ
All-Knowing
Translation
But if their intention is firm for divorce, Allah heareth and knoweth all things.
Tafsir
But if they resolve upon divorce, by not repealing it, then let them go through with it; surely God is Hearing, of what they say; Knowing, of their resolve, meaning that after the waiting period mentioned, they can only revert or divorce.
"The Prohibition of swearing to abandon a Good Deed
Allah commands,
وَلَا تَجۡعَلُواۡ اللّهَ عُرۡضَةً لاِّاَيۡمَانِكُمۡ أَن تَبَرُّواۡ وَتَتَّقُواۡ وَتُصۡلِحُواۡ بَيۡنَ النَّاسِ وَاللّهُ سَمِيعٌ عَلِيمٌ
And make not Allah's (Name) an excuse in your oaths against doing good and acting piously, and making peace among mankind. And Allah is All-Hearer, All-Knower (i.e., do not swear much and if you have sworn against doing something good then give an expiation for the oath and do good).
Allah commands, `You should not implement your vows in Allah's Name to refrain from pious acts and severing the relations with the relatives, if you swear to abandon such causes.'
Allah said in another Ayah:
وَلَا يَأۡتَلِ أُوۡلُواۡ الۡفَضۡلِ مِنكُمۡ وَالسَّعَةِ أَن يُوۡتُواۡ أُوۡلِى الۡقُرۡبَى وَالۡمَسَـكِينَ وَالۡمُهَـجِرِينَ فِى سَبِيلِ اللَّهِ وَلۡيَعۡفُواۡ وَلۡيَصۡفَحُواۡ أَلَا تُحِبُّونَ أَن يَغۡفِرَ اللَّهُ لَكُمۡ
(And let not those among you who are blessed with graces and wealth swear not to give (any sort of help) to their kinsmen, Al-Masakin (the poor), and those who left their homes for Allah's cause. Let them pardon and forgive. Do you not love that Allah should forgive you! (24:22)
Continuity in a sinful vow is more sinful than breaking it by expiation.
Allah's Messenger said:
وَاللهِ لَااَنۡ يَلَجَّ أَحَدُكُمۡ بِيَمِينِهِ فِي أَهۡلِهِ اثَمُ لَهُ عِنۡد اللهِ مِنۡ أَنۡ يُعۡطِيَ كَفَّارَتَهُ الَّتِي افۡتَرَضَ اللهُ عَلَيۡه
By Allah! It is more sinful to Allah that one of you implements his vow regarding (severing the relations with) his relatives than (breaking his promise and) paying the Kaffarah that Allah has required in such cases.
This is how Muslim reported this Hadith and also Imam Ahmad.
Ali bin Abu Talhah reported that Ibn Abbas said that what Allah said:
وَلَا تَجۡعَلُواۡ اللّهَ عُرۡضَةً لاِّاَيۡمَانِكُمۡ
(And make not Allah's (Name) an excuse in your oaths) means,
""Do not vow to refrain from doing good works. (If you make such vow then) break it, pay the Kaffarah and do the good work.""
This was also said by Masruq, Ash-Sha`bi, Ibrahim An-Nakhai, Mujahid, Tawus, Sa`id bin Jubayr, Ata, Ikrimah, Makhul, Az-Zuhri, Al-Hasan, Qatadah, Muqatil bin Hayyan, Ar-Rabi bin Anas, Ad-Dahhak, Ata Al-Khurasani and As-Suddi.
Supporting this view, which is the majority view, is what is reported in the Two Sahihs that Abu Musa Al-Ashari narrated that Allah's Messenger said:
إِنِّي وَاللهِ إِنۡ شَاءَ اللهُ لَا أَحۡلِفُ عَلى يَمِينٍ فَأَرَى غَيۡرَهَا خَيۡرًا مِنۡهَا إِلاَّ أَتَيۡتُ الَّذِي هُوَ خَيۡرٌ وَتَحَلَّلۡتُهَا
By Allah! Allah willing, I will not vow to do a thing and then see a better act, but I would do what is better and break my vow.
Muslim reported that Abu Hurayrah said that Allah's Messenger said:
مَنۡ حَلَفَ عَلى يَمِينٍ فَرَأَى غَيۡرَهَا خَيۡرًا مِنۡهَا فَلۡيُكَفِّرۡ عَنۡ يَمِينِهِ وَلۡيَفۡعَلِ الَّذِي هُوَ خَيۡر
Whoever makes a vow and then finds what is better than his vow (should break his vow) pay the Kaffarah and perform the better deed.
The Laghw (Unintentional) Vows
Allah said:
لااَّ يُوَاخِذُكُمُ اللّهُ بِاللَّغۡوِ فِيَ أَيۡمَانِكُمۡ
Allah will not call you to account for that which is unintentional in your oaths,
This Ayah means, `Allah does not punish or hold you accountable for the Laghw (unintentional) vows that you make.'
The Laghw vows are unintentional and are just like the habitual statements that the tongue repeats, without really intending them. For instance, it is reported in the Two Sahihs that Abu Hurayrah narrated that Allah's Messenger said:
مَنۡ حَلَفَ فَقَالَ فِي حَلِفِهِ بِاللَّتِ وَالۡعُزَّى فَلۡيَقُلۡ لَا إِلَهَ إِلاَّ الله
Whoever swore and (unintentionally) mentioned Al-Lat and Al-Uzza (two idols) in his vow, should then say, `There is no deity worthy of worship except Allah'.
The Messenger said this statement to some new Muslims whose tongues were, before Islam, used to vowing by their idol Al-Lat. Therefore, the Prophet ordered them to intentionally recite the slogan of Ikhlas, just as they mentioned these words by mistake, so that it (the word of Ikhlas) may eradicate the word (of Shirk). This is why Allah said:
...
وَلَكِن يُوَاخِذُكُم بِمَا كَسَبَتۡ قُلُوبُكُمۡ
...but He will call you to account for that which your hearts have earned.
and in another Ayah,
بِمَا عَقَّدتُّمُ الاٌّيۡمَـنَ
...for your deliberate oaths. (5:89)
Abu Dawud reported under Chapter:`The Laghw Vows' that Ata said that Aishah said that Allah's Messenger said:
اللَّغۡوُ فِي الۡيَمِينِ هُوَ كَلَمُ الرَّجُلِ فِي بَيۡتِهِ كَلَّ وَاللهِ وَبَلَى وَالله
The Laghw in the vows includes what the man says in his house, such as, `No, by Allah,' and, `Yes, by Allah'.
Ibn Abu Hatim reported that Ibn Abbas said,
""The Laghw vow includes vowing while angry.""
He also reported that Ibn Abbas said,
""The Laghw vow includes vowing to prohibit what Allah has allowed, and this type does not require a Kaffarah (expiation).""
Similar was said by Sa`id bin Jubayr.
In addition, Abu Dawud related under Chapter:`Vowing while Angry' that;
Sa`id bin Musayyib said that two Ansari brothers both received inheritance and one of them asked that the inheritance be divided. His brother said, ""If you ask me about dividing the inheritance again, then all of what I have will be spent on the Ka`bah's door.""
Umar said to him, ""The Ka`bah does not need your money. So break your vow, pay the Kaffarah and come to terms with your brother. I heard Allah's Messenger saying:
لَاا يَمِينَ عَلَيۡكَ وَلَاا نَذۡرَ فِي مَعۡصِيَةِ الرَّبِّ عَزَّ وَجَلَّ وَفِي قَطِيعَةِ الرَّحِمِ وَفِيمَا لَاا تَمۡلِك
Do not make a vow against yourself, nor to disobey the Lord, cut the relations of the womb or dispose of what you do not own.""
Allah said:
...
وَلَكِن يُوَاخِذُكُم بِمَا كَسَبَتۡ قُلُوبُكُمۡ
...but He will call you to account for that which your hearts have earned,
Ibn Abbas, Mujahid and several others said that;
this Ayah means swearing about a matter while knowing that he is lying.
Mujahid and others said this Ayah is similar to what Allah said:
وَلَـكِن يُوَاخِذُكُم بِمَا عَقَّدتُّمُ الاٌّيۡمَـنَ
...but He will punish you for your deliberate oaths. (5:89)
Allah said,
...
وَاللّهُ غَفُورٌ حَلِيمٌ
And Allah is Oft-Forgiving, Most-Forbearing.
meaning, He is Oft-Forgiving to His servants and Most Forbearing with them.
The Ila' and its Rulings
Allah says;
لِّلَّذِينَ يُوۡلُونَ مِن نِّسَأيِهِمۡ تَرَبُّصُ أَرۡبَعَةِ أَشۡهُرٍ فَإِنۡ فَأوُوا فَإِنَّ اللّهَ غَفُورٌ رَّحِيمٌ
Those who take an oath not to have sexual relation with their wives must wait for four months, then if they return, verily, Allah is Oft-Forgiving, Most Merciful.
Ila' is a type of vow where a man swears not to sleep with his wife for a certain period, whether less or more than four months. If the vow of Ila' was for less than four months, the man has to wait for the vow's period to end and then is allowed to have sexual intercourse with his wife. She has to be patient and she cannot ask her husband, in this case, to end his vow before the end of its term.
It is reported in the Two Sahihs that Aishah said that;
Allah's Messenger swore he would stay away from with his wives for a month. He then came down after twenty-nine days saying:
الشَّهۡرُ تِسۡعٌ وَعِشۡرُون
The (lunar) month is twenty-nine days.
Similar was narrated by Umar bin Al-Khattab and reported in the Two Sahihs.
If the period of Ila' is for more than four months, the wife is allowed in this case to ask her husband, upon the end of the four months, to end the Ila' and have sexual relations with her. Otherwise, he should divorce her, by being forced to do so by the authorities if necessary, so that the wife is not harmed.
Allah said:
لِّلَّذِينَ يُوۡلُونَ مِن نِّسَأيِهِمۡ
Those who take an oath not to have sexual relations with their wives,
meaning, swear not to have sexual relations with the wife.
This Ayah indicates that the Ila' involves the wife and not a slave-women, as the majority of the scholars have agreed,
تَرَبُّصُ أَرۡبَعَةِ أَشۡهُرٍ
must wait for four months,
meaning, the husband waits for four months from the time of the vow and then ends the Ila' (if the vow was for four or more months) and is required to either return to his wife or divorce her.
This is why Allah said next:
فَإِنۡ فَأوُوا
then if they return,
meaning, to a normal relationship, having sexual intercourse with the wife.
This is the Tafsir of Ibn Abbas, Masruq, Ash-Sha`bi, Sa`id bin Jubayr and Ibn Jarir.
فَإِنَّ اللّهَ غَفُورٌ رَّحِيمٌ
verily, Allah is Oft-Forgiving, Most Merciful.
with any shortcomings that occurred in the rights of the wife because of the vow of Ila'.
Allah said:
وَإِنۡ عَزَمُواۡ الطَّلَقَ فَإِنَّ اللّهَ سَمِيعٌ عَلِيمٌ
And if they decide upon divorce, then Allah is All-Hearer, All-Knower.
وَإِنۡ عَزَمُواۡ الطَّلَقَ
(And if they decide upon divorce),
indicating that divorce does not occur by merely passing the four month mark (during the Ila').
Malik reported from Nafi` that Abdullah bin Umar said,
""If the man swears to Ila' from his wife, then divorce does not occur automatically even after the four months have passed. When he stops at the four months mark, he should either divorce or return.""
Al-Bukhari also reported this Hadith.
Ibn Jarir reported that Suhayl bin Abu Salih said that his father said,
""I asked twelve Companions about the man who does Ila' with his wife. They all stated that he does not have to do anything until the four months have passed and then has to either retain or divorce her.""
Ad-Daraqutni also reported this from Suhayl.
It is also reported from Umar, Uthman, Ali, Abu Ad-Darda, Aishah, Ibn Umar and Ibn Abbas.
This is also the opinion of Sa`id bin Musayyib, Umar bin Abdul-Aziz, Mujahid, Tawus, Muhammad bin Ka`b and Al-Qasim."
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