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Ayah
Word by Word
فَإِن
Then if
طَلَّقَهَا
he divorces her (finally)
فَلَا
then (she is) not
تَحِلُّ
lawful
لَهُۥ
for him
مِنۢ
from
بَعۡدُ
after (that)
حَتَّىٰ
until
تَنكِحَ
she marries
زَوۡجًا
a spouse
غَيۡرَهُۥۗ
other than him
فَإِن
Then if
طَلَّقَهَا
he divorces her
فَلَا
then no
جُنَاحَ
sin
عَلَيۡهِمَآ
on them
أَن
if
يَتَرَاجَعَآ
they return to each other
إِن
if
ظَنَّآ
they believe
أَن
that
يُقِيمَا
they (will be able to) keep
حُدُودَ
(the) limits
ٱللَّهِۗ
(of) Allah
وَتِلۡكَ
And these
حُدُودُ
(are the) limits
ٱللَّهِ
(of) Allah
يُبَيِّنُهَا
He makes them clear
لِقَوۡمٖ
to a people
يَعۡلَمُونَ
who know
فَإِن
Then if
طَلَّقَهَا
he divorces her (finally)
فَلَا
then (she is) not
تَحِلُّ
lawful
لَهُۥ
for him
مِنۢ
from
بَعۡدُ
after (that)
حَتَّىٰ
until
تَنكِحَ
she marries
زَوۡجًا
a spouse
غَيۡرَهُۥۗ
other than him
فَإِن
Then if
طَلَّقَهَا
he divorces her
فَلَا
then no
جُنَاحَ
sin
عَلَيۡهِمَآ
on them
أَن
if
يَتَرَاجَعَآ
they return to each other
إِن
if
ظَنَّآ
they believe
أَن
that
يُقِيمَا
they (will be able to) keep
حُدُودَ
(the) limits
ٱللَّهِۗ
(of) Allah
وَتِلۡكَ
And these
حُدُودُ
(are the) limits
ٱللَّهِ
(of) Allah
يُبَيِّنُهَا
He makes them clear
لِقَوۡمٖ
to a people
يَعۡلَمُونَ
who know
Translation
So if a husband divorces his wife (irrevocably), He cannot, after that, re-marry her until after she has married another husband and He has divorced her. In that case there is no blame on either of them if they re-unite, provided they feel that they can keep the limits ordained by Allah. Such are the limits ordained by Allah, which He makes plain to those who understand.
Tafsir
If he, the husband, divorces her, after the two utterances [of divorce]; she shall not be lawful to him after that, after the third [utterance of] divorce, until she marries another husband, who has sexual intercourse with her, as reported by the two Shaykhs [Bukhaaree and Muslim]. If he, the second husband, divorces her, then neither of them would be at fault, that is, the woman and her first husband, to return to each other, in wedlock, after the completion of the waiting period, if they think that they will maintain God's bounds. Those, matters mentioned, are God's bounds, which He makes clear to a people who have knowledge, [a people who] reflect.
"
The Iddah (Waiting Period) of the Divorced Woman
Allah says;
وَالۡمُطَلَّقَاتُ يَتَرَبَّصۡنَ بِأَنفُسِهِنَّ ثَلَثَةَ قُرُوَءٍ
And divorced women shall wait (as regards their marriage) for three menstrual periods,
This Ayah contains a command from Allah that the divorced woman, whose marriage was consummated and who still has menstruation periods, should wait for three (menstrual) periods (Quru) after the divorce and then remarry if she wishes.
The Meaning of Al-Quru
Ibn Jarir related that Alqamah said:
We were with Umar bin Al-Khattab when a woman came and said, ""My husband divorced me one or two periods ago. He then came back to me while I had prepared my water (for taking a bath), took off my clothes and closed my door.""
Umar asked Abdullah bin Mas`ud, ""What do you think?""
He said, ""I think that she is still his wife, as long as she is not allowed to resume praying (i.e., until the third period ends before he takes her back).""
Umar said, ""This is my opinion too.""
This is also the opinion of Abu Bakr As-Siddiq, Umar, Uthman, Ali, Abu Ad-Darda, Ubadah bin As-Samit, Anas bin Malik, Ibn Mas`ud, Mu`adh, Ubayy bin Ka`b, Abu Musa Al-Ash`ari and Ibn Abbas.
Furthermore, this is the opinion of Sa`id bin Musayyib, Alqamah, Aswad, Ibrahim, Mujahid, Ata, Tawus, Sa`id bin Jubayr, Ikrimah, Muhammad bin Sirin, Al-Hasan, Qatadah, Ash-Sha`bi, Ar-Rabi, Muqatil bin Hayyan, As-Suddi, Makhul, Ad-Dahhak and Ata Al-Khurasani.
They all stated that the Quru is the menstruation period.
What testifies to this is the Hadith that Abu Dawud and An-Nasa'i reported that Fatimah bint Abu Hubaiysh said that Allah's Messenger said to her:
دَعِي الصَّلَةَ أَيَّامَ أَقۡرَايِك
Do not pray during your Aqra (pl. for Quru, the menstruation period).
If this Hadith was authentic, it would have been a clear proof that the Quru is the menstruation period. However, one of the narrators of this Hadith, Al-Mundhir, is an unknown person (in Hadith terminology), as Abu Hatim has stated, although Ibn Hibban has mentioned Al-Mundhir in his book Ath-Thiqat.
A Woman's Statement about Menses and Purity is to be accepted
Allah said:
وَلَا يَحِلُّ لَهُنَّ أَن يَكۡتُمۡنَ مَا خَلَقَ اللّهُ فِي أَرۡحَامِهِنَّ
and it is not lawful for them to conceal what Allah has created in their wombs,
meaning, of pregnancy or menstruation periods.
This is the Tafsir of Ibn Abbas, Ibn Umar, Mujahid, Ash-Sha`bi, Al-Hakam bin Utaybah, Ar-Rabi bin Anas, Ad-Dahhak and others.
Allah then said:
إِن كُنَّ يُوۡمِنَّ بِاللّهِ وَالۡيَوۡمِ الاخِرِ
if they believe in Allah and the Last Day.
This Ayah warns women against hiding the truth (if they were pregnant or on their menses), indicating that they are the authority in such matters as they alone know such facts about themselves. Since verifying such matters is difficult, Allah left this decision with them. Yet, women were warned not to hide the truth in case they wish to end the Iddah sooner, or later, according to their desires. Women were thus commanded to say the truth (if they were pregnant or on their menses), no more and no less.
The Husband has the Right to take back his Divorced Wife during the Iddah (Waiting Period)
Allah said:
وَبُعُولَتُهُنَّ أَحَقُّ بِرَدِّهِنَّ فِي ذَلِكَ إِنۡ أَرَادُواۡ إِصۡلَحًا
And their husbands have the better right to take them back in that period, if they wish for reconciliation.
Hence, the husband who divorces his wife can take her back, providing she is still in her Iddah (time spent before a divorced woman or a widow can remarry) and that his aim, by taking her back, is righteous and for the purpose of bringing things back to normal. However, this ruling applies where the husband is eligible to take his divorced wife back.
We should mention that (when this Ayah 2:228 was revealed), the ruling that made the divorce thrice and specified when the husband is ineligible to take his divorced wife back, had not been revealed yet. Previously, the man used to divorce his wife and then take her back even if he had divorced her a hundred separate times. Thereafter, Allah revealed the following Ayah (2:229) that made the divorce only thrice. So there was now a reversible divorce and an irreversible final divorce.
The Rights the Spouses have over Each Other
Allah said:
وَلَهُنَّ مِثۡلُ الَّذِي عَلَيۡهِنَّ بِالۡمَعۡرُوفِ
And they (women) have rights (over their husbands as regards living expenses) similar (to those of their husbands) over them (as regards obedience and respect) to what is reasonable,
This Ayah indicates that the wife has certain rights on her husband, just as he has certain rights on her, and each is obliged to give the other spouse his due rights.
Muslim reported that Jabir said that Allah's Messenger said:
فَاتَّقُوا اللهَ فِي النِّسَاءِ فَإِنَّكُمۡ أَخَذۡتُمُوهُنَّ بِأَمَانَةِ اللهِ وَاسۡتَحۡلَلۡتُمۡ فُرُوجَهُنَّ بِكَلِمَةِ اللهِ
Fear Allah regarding your women, for you have taken them by Allah's covenant and were allowed to enjoy with them sexually by Allah's Words.
وَلَكُمۡ عَلَيۡهِنَّ أَنۡ لَا يُوطِيۡنَ فُرُشَكُمۡ أَحَدًا تَكۡرَهُونَهُ فَإِنۡ فَعَلۡنَ ذَلِكَ فَاضۡرِبُوهُنَّ ضَرۡبًا غَيۡرَ مُبَرِّحٍ
You have the right on them that they do not allow anyone you dislike to sit on your mat. If they do that, then discipline them leniently.
وَلَهُنَّ رِزۡقُهُنَّ وَكِسۡوَتُهُنَّ بِالۡمَعۡرُوف
They have the right to be spent on and to be bought clothes in what is reasonable.
Bahz bin Hakim said that Muawiyah bin Haydah Al-Qushayri related that his grandfather said,
""O Messenger of Allah! What is the right the wife of one of us has?""
The Prophet said:
أَنۡ تُطۡعِمَهَا إِذَا طَعِمۡتَ وتَكۡسُوَهَا إِذَا اكۡتَسَيۡتَ وَلَا تَضۡرِبِ الۡوَجۡهَ وَلَا تُقَبِّحۡ وَلَا تَهۡجُرۡ إِلاَّ فِي الۡبَيۡت
To feed her when you eat, buy her clothes when you buy for yourself and to refrain from striking her on the face, cursing her or staying away from her except in the house.
Waki related that Ibn Abbas said,
""I like to take care of my appearance for my wife just as I like for her to take care of her appearance for me.
This is because Allah says:
وَلَهُنَّ مِثۡلُ الَّذِي عَلَيۡهِنَّ بِالۡمَعۡرُوفِ
(And they (women) have rights similar (to those of their husbands) over them to what is reasonable).""
This statement is reported by Ibn Jarir and Ibn Abu Hatim.
The Virtue Men have over Women
Allah said:
وَلِلرِّجَالِ عَلَيۡهِنَّ دَرَجَةٌ
but men have a degree (of responsibility) over them.
This Ayah indicates that men are in a more advantageous position than women physically as well as in their mannerism, status, obedience (of women to them), spending, taking care of the affairs and in general, in this life and in the Hereafter.
Allah said (in another Ayah),
الرِّجَالُ قَوَّامُونَ عَلَى النِّسَأءِ بِمَا فَضَّلَ اللَّهُ بَعۡضَهُمۡ عَلَى بَعۡضٍ وَبِمَأ أَنفَقُواۡ مِنۡ أَمۡوَلِهِمۡ
Men are the protectors and maintainers of women, because Allah has made one of them to excel the other, and because they spend (to support them) from their means. (4:34)
Allah's statement:
وَاللّهُ عَزِيزٌ حَكُيمٌ
And Allah is All-Mighty, All-Wise.
means, He is Mighty in His punishment of those who disobey and defy His commands. He is Wise in what He commands, destines and legislates.
Divorce is Thrice
Allah says;
الطَّلَقُ مَرَّتَانِ فَإِمۡسَاكٌ بِمَعۡرُوفٍ أَوۡ تَسۡرِيحٌ بِإِحۡسَانٍ
The divorce is twice, after that, either you retain her on reasonable terms or release her with kindness.
This honorable Ayah abrogated the previous practice in the beginning of Islam, when the man had the right to take back his divorced wife even if he had divorced her a hundred times, as long as she was still in her Iddah (waiting period). This situation was harmful for the wife, and this is why Allah made the divorce thrice, where the husband is allowed to take back his wife after the first and the second divorce (as long as she is still in her Iddah).
The divorce becomes irrevocable after the third divorce, as Allah said:
الطَّلَقُ مَرَّتَانِ فَإِمۡسَاكٌ بِمَعۡرُوفٍ أَوۡ تَسۡرِيحٌ بِإِحۡسَانٍ
(The divorce is twice, after that, either you retain her on reasonable terms or release her with kindness).
In his Sunan, Abu Dawud reported in Chapter:
""Taking the Wife back after the third (Divorce) is an abrogated practice,"" that Ibn Abbas commented on the Ayah:
وَالۡمُطَلَّقَاتُ يَتَرَبَّصۡنَ بِأَنفُسِهِنَّ ثَلَثَةَ قُرُوَءٍ وَلَا يَحِلُّ لَهُنَّ أَن يَكۡتُمۡنَ مَا خَلَقَ اللّهُ فِي أَرۡحَامِهِنَّ
(And divorced women shall wait (as regards their marriage) for three menstrual periods, and it is not lawful for them to conceal what Allah has created in their wombs,) (2:228). The man used to have the right to take back his wife even if he had divorced her thrice. Allah abrogated this and said:
الطَّلَقُ مَرَّتَانِ
(The divorce is twice).
This Tafsir was also collected by An-Nasa'i.
Ibn Abu Hatim reported that Urwah said that a man said to his wife,
""I will neither divorce you nor take you back.""
She said, ""How?""
He said, ""I will divorce you and when your term of Iddah nears its end, I will take you back.""
She went to Allah's Messenger and told him what happened, and Allah revealed:
الطَّلَقُ مَرَّتَانِ
(The divorce is twice).
Ibn Jarir (At-Tabari) also reported this Hadith in his Tafsir.
Allah said:
فَإِمۡسَاكٌ بِمَعۡرُوفٍ أَوۡ تَسۡرِيحٌ بِإِحۡسَانٍ
after that, either you retain her on reasonable terms or release her with kindness,
meaning, `If you divorce her once or twice, you have the choice to take her back, as long as she is still in her Iddah, intending to be kind to her and to mend differences. Otherwise, await the end of her term of Iddah, when the divorce becomes final, and let her go her own way in peace, without committing any harm or injustice against her.'
Ali bin Abu Talhah reported that Ibn Abbas said,
""When the man divorces his wife twice, let him fear Allah, regarding the third time. He should either keep her with him and treat her with kindness, or let her go her own way with kindness, without infringing upon any of her rights.""
Taking back the Mahr (Dowry)
Allah said:
وَلَا يَحِلُّ لَكُمۡ أَن تَأۡخُذُواۡ مِمَّا اتَيۡتُمُوهُنَّ شَيۡيًا
And it is not lawful for you (men) to take back (from your wives) any of (the dowry) what you gave them,
meaning, you are not allowed to bother or pressure your wives to end this situation by giving you back the Mahr and any gifts that you have given them (in return for divorce).
Similarly, Allah said:
وَلَا تَعۡضُلُوهُنَّ لِتَذۡهَبُواۡ بِبَعۡضِ مَأ ءَاتَيۡتُمُوهُنَّ إِلاَّ أَن يَأۡتِينَ بِفَاحِشَةٍ مُّبَيِّنَةٍ
and you should not treat them with harshness, that you may take away part of what you have given them, unless they commit open illegal sexual intercourse. (4:19)
However, if the wife willingly gives back anything with a good heart, then Allah said regarding this situation:
فَإِن طِبۡنَ لَكُمۡ عَن شَىۡءٍ مِّنۡهُ نَفۡساً فَكُلُوهُ هَنِيياً مَّرِيياً
but if they, of their own good pleasure, remit any part of it to you, take it, and enjoy it without fear of any harm. (4:4)
Allowing Khul` and the Return of the Mahr in that Case
When the spouses have irreconcilable differences wherein the wife ignores the rights of the husband, dislikes him and becomes unable to live with him any longer, she is allowed to free herself (from married life) by giving him back what he had given her (in gifts and Mahr). There is no sin on her in this case nor on him if he accepts such offer.
This is why Allah said:
وَلَا يَحِلُّ لَكُمۡ أَن تَأۡخُذُواۡ مِمَّا اتَيۡتُمُوهُنَّ شَيۡيًا إِلاَّ أَن يَخَافَا أَلاَّ يُقِيمَا حُدُودَ اللّهِ فَإِنۡ خِفۡتُمۡ أَلاَّ يُقِيمَا حُدُودَ اللّهِ فَلَ جُنَاحَ عَلَيۡهِمَا فِيمَا افۡتَدَتۡ بِهِ
And it is not lawful for you (men) to take back (from your wives) any of what you gave them, except when both parties fear that they would be unable to keep the limits ordained by Allah (e.g., to deal with each other on a fair basis). Then if you fear that they would not be able to keep the limits ordained by Allah, then there is no sin on either of them if she gives back.
Sometimes, the woman has no valid reason and she still asks for her marriage to be ended. In this case, Ibn Jarir reported that Thawban said that Allah's Messenger said:
أَيُّمَا امۡرَأَةٍ سَأَلَتۡ زَوۡجَهَا طَلَقًا فِي غَيۡرِ مَا بَأۡسٍ فَحَرَامٌ عَلَيۡهَا رَايِحَةُ الۡجَنَّـة
Any woman who asks her husband for divorce without justification, then the scent of Paradise will be forbidden for her.
At-Tirmidhi recorded this Hadith and stated that it is Hasan.
Ibn Jarir said that;
the Ayah (2:229) was revealed about Thabit bin Qays bin Shammas and his wife Habibah bint Abdullah bin Ubayy bin Salul.
In his Muwatta, Imam Malik reported that;
Habibah bint Sahl Al-Ansariyah was married to Thabit bin Qays bin Shammas and that Allah's Messenger once went to the Fajr (Dawn) prayer and found Habibah bint Sahl by his door in the dark. Allah's Messenger said, ""Who is this?""
She said, ""I am Habibah bint Sahl, O Messenger of Allah!""
He said, ""What is the matter?""
She said, ""I and Thabit bin Qays"", meaning, (she can no longer be with) her husband.
When her husband Thabit bin Qays came, Allah's Messenger said to him:
هذِهِ حَبِيبَةُ بِنۡتُ سَهۡلٍ قَدۡ ذَكَرَتۡ مَا شَاءَ اللهُ أَنۡ تَذۡكُر
This is Habibah bint Sahl, she said what Allah has permitted her to say.
Habibah also said, ""O Messenger of Allah! I still have everything he gave me.""
Allah's Messenger said:
خُذۡ مِنۡهَا
Take it from her.
So, he took it from her and she remained in her family's house.""
This was reported by Ahmad, Abu Dawud and An-Nasa'i.
Al-Bukhari reported that;
Ibn Abbas said that the wife of Thabit bin Qays bin Shammas came to the Prophet and said, ""O Messenger of Allah! I do not criticize his religion or mannerism. But I hate committing Kufr in Islam (by ignoring his rights on her).""
Allah's Messenger said:
أَتَرُدِّينَ عَلَيهِ حَدِيقَتَه
Will you give him back his garden?
She said, ""Yes.""
Allah's Messenger said:
اقۡبَلِ الۡحَدِيقَةَ وَطَلِّقۡهَا تَطۡلِيقَة
Take back the garden and divorce her once.
An-Nasa'i also recorded it.
The `Iddah (Waiting Period) for the Khul""
At-Tirmidhi reported that;
Rubayi bint Mu`awwidh bin Afra got a Khul during the time of Allah's Messenger and the Prophet ordered her to wait for one menstruation period for Iddah.
Transgressing the set limits of Allah is an Injustice
Allah said:
تِلۡكَ حُدُودُ اللّهِ فَلَ تَعۡتَدُوهَا وَمَن يَتَعَدَّ حُدُودَ اللّهِ فَأُوۡلَـيِكَ هُمُ الظَّالِمُونَ
These are the limits ordained by Allah, so do not transgress them. And whoever transgresses the limits ordained by Allah, then such are the wrongdoers.
This means that the laws that Allah has legislated are His set limits, so do not transgress them.
An authentic Hadith states:
إِنَّ اللهَ حَدَّ حُدُودًا فَلَ تَعۡتَدُوهَا وفَرَضَ فَرَايِضَ فَلَ تُضَيِّعُوهَا وحَرَّمَ مَحَارِمَ فَلَ تَنۡتَهِكُوهَا وَسَكَتَ عَنۡ أَشۡيَاءَ رَحۡمَةً لَكُمۡ مِنۡ غَيۡرِ نِسۡيَانٍ فَلَ تَسۡأَلُوا عَنۡهَا
Allah has set some limits, so do not transgress them; and commanded some commands, so do not ignore them; and made some things unlawful, so do not commit them. He has also left some matters (without rulings) as a mercy with you, not because He has forgotten them, so do not ask about them.
Pronouncing Three Divorces at the same Time is Unlawful
The last Ayah we mentioned was used as evidence to prove that it is not allowed to pronounce three divorces at one time. What further proves this ruling is that Mahmud bin Labid has stated - as An-Nasa'i recorded - that Allah's Messenger was told about a man who pronounced three divorces on his wife at one time, so the Prophet stood up while angry and said:
أَيُلۡعَبُ بِكِتَابِ اللهِ وَأَنَا بَيۡنَ أَظۡهُرِكُم
The Book of Allah is being made the subject of jest while I am still amongst you.
A man then stood up and said, ""Should I kill that man, O Messenger of Allah.""
The Wife cannot be taken back after the Third Divorce
Allah said,
فَإِن طَلَّقَهَا فَلَ تَحِلُّ لَهُ مِن بَعۡدُ حَتَّىَ تَنكِحَ زَوۡجًا غَيۡرَهُ
And if he has divorced her (the third time), then she is not lawful for him thereafter until she has married another husband.
This Ayah indicates that if the man divorces his wife for the third time after he divorced her twice, then she will no longer be allowed for marriage to him.
Allah said:
حَتَّىَ تَنكِحَ زَوۡجًا غَيۡرَهُ
until she has married another husband.
meaning, until she legally marries another man.
For instance, if she has sexual intercourse with any man, even her master (if she was a servant), she would still be ineligible for marriage for her ex-husband (who divorced her thrice), because whomever she had sexual relations with was not her legal husband.
If she marries a man without consummating the marriage, she will not be eligible for her ex-husband.
Muslim reported that Aishah said that;
Allah's Messenger was asked about a woman who marries a man who thereafter divorces her (thrice). She then marries another man and he divorces her before he has sexual relations with her, would she be allowed for her first husband?
Allah's Messenger said:
لَاا حَتَّى يَذُوقَ عُسَيۡلَتَهَا
No, until he enjoys her Usaylah (sexual relation).
Al-Bukhari also reported this Hadith.
Imam Ahmad recorded that Aishah said,
""The wife of Rifa`ah Al-Qurazi came while I and Abu Bakr were with the Prophet and she said, `I was Rifa`ah's wife, but he divorced me and it was an irrevocable divorce. Then I married Abdur-Rahman bin Az-Zubayr, but his sexual organ is minute like a string.' She then took a small string of her garment (to resemble how small his sexual organ was).
Khalid bin Sa`id bin Al-`As, who was next to the door and was not yet allowed in, said, `O Abu Bakr! Why do you not forbid this (woman) from what she is revealing frankly before the Prophet?'
The Prophet merely smiled. Then, Allah's Messenger asked her:
كَأَنَّكِ تُرِيدِينَ أَنۡ تَرۡجِعِي إِلى رِفَاعَةَ لَاأ حَتَّى تَذُوقِي عُسَيۡلَتَهُ وَيَذُوقَ عُسَيۡلَتَك
Do you want to remarry Rifa`ah? You cannot unless you experience his Usaylah and he experiences your Usaylah (i.e., had a complete sexual relation with your present husband).""
Al-Bukhari, Muslim, and An-Nasa'i also recorded this Hadith.
Muslim's wording is ""Rifa`ah divorced his wife for the third and final time.""
The word Usaylah mentioned in the Hadith,
means sexual intercourse.
Imam Ahmad and An-Nasa'i reported that Aishah said that Allah's Messenger said:
أَلَا إِنَّ الۡعُسَيۡلَةَ الۡجِمَاع
Usaylah is sexual intercourse.
The Curse on the Participants of Tahlil/Halalah
The reason for the woman (who was divorced thrice) to marry another man must be that the man desires her and has the intention of having an extended married life with her. These are the legal goals and aims behind marriage. If the reason behind the second marriage was to make the woman eligible for her ex-husband again, then this is the Tahlil that the Hadiths have cursed and criticized.
In addition, when the reason behind this marriage (if it was Tahlil) is announced in the contract, it would make the contract invalid according to the majority of the scholars.
Imam Ahmad reported that Abdullah bin Mas`ud said,
""Allah's Messenger cursed the one who does Tahlil, the one in whose favor it is done, those who eat Riba (usury) and those who feed it (pay the usury).""
At-Tirmidhi and An-Nasa'i reported this Hadith and At-Tirmidhi said, ""This Hadith is Hasan.""
He said, ""This is what is acted upon according to people of knowledge among the Companions, among whom are Umar, Uthman and Ibn Umar.
It was also the saying of the scholars of Fiqh among the Tabi`in (second generation of Islam). And it has been reported from Ali, Ibn Mas`ud and Ibn Abbas.""
In his Mustadrak, Al-Hakim reported that Nafi said:
""A man came to Ibn Umar and asked him about a man who divorced his wife three times. Then, his brother married her to make Tahlil for his brother, without the brother knowing this fact. He then asked, ""Is she allowed for the first (husband)?""
He said, ""No, unless it is a marriage that involves desire. We used to consider this an act of adultery during the time of Allah's Messenger.""
Al-Hakim said, ""This Hadith has a Sahih chain although they (Al-Bukhari and Muslim) did not record it.""
The wording of this Hadith indicates that the ruling came from the Prophet.
Abu Bakr bin Abu Shaybah, Al-Jawzjani, Harb Al-Kirmani and Abu Bakr Al-Athram said that Qabisah bin Jabir said that Umar said,
""If the participants to Tahlil are brought to me, I will have them stoned.""
When does a Woman who was divorced Three Times become Eligible for Her First Husband
Allah said:
فَإِن طَلَّقَهَا
And if he has divorced her,
meaning, the second husband after he had complete sexual relations with her.
فَلَ جُنَاحَ عَلَيۡهِمَا أَن يَتَرَاجَعَا
it is no sin on both of them that they reunite,
meaning, the wife and her first husband.
إِن ظَنَّا أَن يُقِيمَا حُدُودَ اللّهِ
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:
وَتِلۡكَ حُدُودُ اللّهِ
These are the limits of Allah,
His commandments and legislation.
يُبَيِّنُهَا
He makes plain,
لِقَوۡمٍ يَعۡلَمُونَ
for the people who have knowledge.
Being Kind to the Divorced Wife
Allah Says;
وَإِذَا طَلَّقۡتُمُ النَّسَاء فَبَلَغۡنَ أَجَلَهُنَّ فَأَمۡسِكُوهُنَّ بِمَعۡرُوفٍ أَوۡ سَرِّحُوهُنَّ بِمَعۡرُوفٍ
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.
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:
وَلَا تُمۡسِكُوهُنَّ ضِرَارًا لَّتَعۡتَدُواۡ
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;
وَمَن يَفۡعَلۡ ذَلِكَ فَقَدۡ ظَلَمَ نَفۡسَهُ
and whoever does that, then he has wronged himself.
meaning, by defying Allah's commandments.
Allah then said:
وَلَا تَتَّخِذُوَاۡ ايَاتِ اللّهِ هُزُوًا
And treat not the verses (Laws) of Allah in a jest,
Ibn Jarir said that Abu Musa (Al-Ashari) narrated that;
Allah's Messenger once became angry at the Ashari tribe. Abu Musa went to him and said, ""O Messenger of Allah! Are you angry with the Ash`ariyyin"" The Prophet said:
يَقُولُ أَحَدُكُمۡ قَدۡ طَلَّقۡتُ قَدۡ رَاجَعۡتُ لَيۡسَ هَذَا طَلَقُ الۡمُسۡلِمِينَ طَلِّقُوا الۡمَرۡأَةَ فِي قُبُلِ عِدَّتِهَا
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:
وَلَا تَتَّخِذُوَاۡ ايَاتِ اللّهِ هُزُوًا
(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:
وَاذۡكُرُواۡ نِعۡمَتَ اللّهِ عَلَيۡكُمۡ
but remember Allah's favors on you,
meaning, by His sending His Messenger with the right guidance and clear signs to you.
وَمَا أَنزَلَ عَلَيۡكُمۡ مِّنَ الۡكِتَابِ وَالۡحِكۡمَةِ
and that which He has sent down to you of the Book (i.e., the Qur'an) and Al-Hikmah) (meaning the Sunnah),
يَعِظُكُم بِهِ
whereby He instructs you.
meaning, commands you, forbids you and threatens you for transgressing His prohibitions.
Allah said:
وَاتَّقُواۡ اللّهَ
And fear Allah,
meaning, concerning what you perform and what you avoid.
وَاعۡلَمُواۡ أَنَّ اللّهَ بِكُلِّ شَيۡءٍ عَلِيمٌ
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.
The Wali (Guardian) of the Divorced Woman should not prevent Her from going back to Her Husband
Allah says;
وَإِذَا طَلَّقۡتُمُ النِّسَاء فَبَلَغۡنَ أَجَلَهُنَّ فَلَ تَعۡضُلُوهُنَّ أَن يَنكِحۡنَ أَزۡوَاجَهُنَّ إِذَا تَرَاضَوۡاۡ بَيۡنَهُم بِالۡمَعۡرُوفِ
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.
Ali bin Abu Talhah reported that Ibn Abbas said,
""This Ayah was revealed about the man who divorces his wife once or twice and her Iddah finishes. He later thinks about taking her back in marriage and the woman also wishes that, yet, her family prevents her from remarrying him. Hence, Allah prohibited her family from preventing her.""
Masruq, Ibrahim An-Nakhai, Az-Zuhri and Ad-Dahhak stated that this is the reason behind revealing the Ayah.
These statements clearly conform to the apparent meaning of the Ayah.
There is no Marriage without a Wali (for the Woman)
The Ayah (2:232) also indicates that the woman is not permitted to give herself in marriage. Rather, she requires a Wali (guardian such as her father, brother, adult son, and so forth) to give her away in marriage, as Ibn Jarir and At-Tirmidhi have stated when they mentioned this Ayah.
Also, a Hadith states that:
لَاا تُزَوِّجُ الۡمَرۡأةُ الۡمَرۡأَةَ ولَاا تُزَوِّج الۡمَرأةُ نَفۡسَهَا فَإِنَّ الزَّانِيَةَ هِيَ الَّتِي تُزَوِّجُ نَفۡسَهَا
The woman does not give another woman away for marriage and the woman does not give herself away in marriage, for only the adulteress gives herself away for marriage.
Another Hadith states:
لَاا نِكَاحَ إلاَّ بِوَلِيَ مُرۡشِدٍ وَشَاهِدَيۡ عَدۡل
No marriage is valid except with the participation of a mature Wali and two trustworthy witnesses.
The Reason behind revealing the Ayah (2:232)
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:
فَلَ تَعۡضُلُوهُنَّ أَن يَنكِحۡنَ أَزۡوَاجَهُنَّ
(...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:
وَإِذَا طَلَّقۡتُمُ النِّسَاء فَبَلَغۡنَ أَجَلَهُنَّ
(And when you have divorced women and they have fulfilled the term of their prescribed period) until He said:
وَأَنتُمۡ لَا تَعۡلَمُونَ
(...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:
ذَلِكَ يُوعَظُ بِهِ مَن كَانَ مِنكُمۡ يُوۡمِنُ بِاللّهِ وَالۡيَوۡمِ الاخِرِ
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.
مَن كَانَ مِنكُمۡ
(among you),
O people,
يُوۡمِنُ بِاللّهِ وَالۡيَوۡمِ الاخِرِ
(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:
ذَلِكُمۡ أَزۡكَى لَكُمۡ وَأَطۡهَرُ
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.
وَاللّهُ يَعۡلَمُ
Allah knows,
the benefits you gain from what He commands and what He forbids.
وَأَنتُمۡ لَا تَعۡلَمُونَ
and you know not.
the benefits in what you do or what you refrain from doing."
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