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Ayah
Word by Word
وَإِنۡ
And if
خِفۡتُمۡ
you fear
شِقَاقَ
a dissension
بَيۡنِهِمَا
between (the) two of them
فَٱبۡعَثُواْ
then send
حَكَمٗا
an arbitrator
مِّنۡ
from
أَهۡلِهِۦ
his family
وَحَكَمٗا
and an arbitrator
مِّنۡ
from
أَهۡلِهَآ
her family
إِن
If
يُرِيدَآ
they both wish
إِصۡلَٰحٗا
reconciliation
يُوَفِّقِ
will cause reconciliation
ٱللَّهُ
Allah
بَيۡنَهُمَآۗ
between both of them
إِنَّ
Indeed
ٱللَّهَ
Allah
كَانَ
is
عَلِيمًا
All-Knower
خَبِيرٗا
All-Aware
وَإِنۡ
And if
خِفۡتُمۡ
you fear
شِقَاقَ
a dissension
بَيۡنِهِمَا
between (the) two of them
فَٱبۡعَثُواْ
then send
حَكَمٗا
an arbitrator
مِّنۡ
from
أَهۡلِهِۦ
his family
وَحَكَمٗا
and an arbitrator
مِّنۡ
from
أَهۡلِهَآ
her family
إِن
If
يُرِيدَآ
they both wish
إِصۡلَٰحٗا
reconciliation
يُوَفِّقِ
will cause reconciliation
ٱللَّهُ
Allah
بَيۡنَهُمَآۗ
between both of them
إِنَّ
Indeed
ٱللَّهَ
Allah
كَانَ
is
عَلِيمًا
All-Knower
خَبِيرٗا
All-Aware
Translation
If ye fear a breach between them twain, appoint (two) arbiters, one from his family, and the other from hers; if they wish for peace, Allah will cause their reconciliation: For Allah hath full knowledge, and is acquainted with all things.
Tafsir
And if you fear, become aware of, a breach, a dispute, between the two, the married couple (the genitive construction shiqaaqa baynihimaa, '[any] breach between the two', is for a range [of alternatives], in other words: shiqaaqan baynihimaa [is the normal construction]) send forth, for them with their consent, an arbiter, a just man, from his folk, his kinsmen, and an arbiter from her folk: the husband delegates to his arbiter the [matter of] divorce or the acceptance of compensation in its place, while she delegates to her arbiter the [matter of] separation. The two arbiters do their best and bid the one guilty of the injustice to desist, or they suggest separation if they see fit. God, exalted be He, says, if they, the two arbiters, desire to set things right, God will grant them, the married couple, success, determining for them what constitutes [an act of] obedience, be it reconciliation or separation. Surely God is ever Knower, of everything, Aware, of what is hidden and what is manifested.
"Appointing Two Arbitrators When the Possibility of Estrangement Between Husband and Wife Occurs
Allah first mentioned the case of rebellion on the part of the wife. He then mentioned the case of estrangement and alienation between the two spouses.
Allah said,
وَإِنۡ خِفۡتُمۡ شِقَاقَ بَيۡنِهِمَا فَابۡعَثُواۡ حَكَمًا مِّنۡ أَهۡلِهِ وَحَكَمًا مِّنۡ أَهۡلِهَا
If you fear a breach between the two, appoint (two) arbitrators, one from his family.
The Fuqaha (scholars of Fiqh) say that when estrangement occurs between the husband and wife, the judge refers them to a trusted person who examines their case in order to stop any wrongs committed between them. If the matter continues or worsens, the judge sends a trustworthy person from the woman's family and a trustworthy person from the man's family to meet with them and examine their case to determine whether it is best for them to part or to remain together.
Allah gives preference to staying together, and this is why Allah said,
إِن يُرِيدَا إِصۡلَحًا يُوَفِّقِ اللّهُ بَيۡنَهُمَا
if they both wish for peace, Allah will cause their reconciliation.
Ali bin Abi Talhah reported that Ibn Abbas said,
""Allah commands that a righteous man from the husband's side of the family and the wife's side of the family are appointed, so that they find out who among the spouses is in the wrong. If the man is in the wrong, they prevent him from his wife, and he pays some restitution. If the wife is in the wrong, she remains with her husband, and he does not pay any restitution. If the arbitrators decide that the marriage should remain intact or be dissolved, then their decision is upheld. If they decide that the marriage remains intact, but one of the spouses disagrees while the other agrees, and one of them dies, then the one who agreed inherits from the other, while the spouse who did not agree does not inherit from the spouse who agreed.""
This was collected by Ibn Abi Hatim and Ibn Jarir.
Sheikh Abu Umar bin Abdul-Barr said,
""The scholars agree that when the two arbitrators disagree, then the opinion that dissolves the marriage will not be adopted. They also agree that the decision of the arbitrators is binding, even if the two spouses did not appoint them as agents. This is the case if it is decided that they should stay together, but they disagree whether it is binding or not when they decide for separation.""
Then he mentioned that the majority holds the view that the decision is still binding, even if they did not appoint them to make any decision.
إِنَّ اللّهَ كَانَ عَلِيمًا خَبِيرًا
Indeed Allah is Ever All-Knower, Well-Acquainted with all things."
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