O PROPHET WHEN you divorce women, divorce them at their appointed period, and calculate that period, and fear God, your Lord. Do not expel them from their houses, nor should they go away themselves, unless they are openly guilty of adultery. These are the limits set by God. Any one who exceeds the limits set by God sins against his own self. You never know that God may perchance lead to a new situation after this.
O dear Prophet (Mohammed – peace and blessings be upon him)! When you people divorce women, divorce them at the time of their completing the appointed period, and keep count of the appointed period; and fear Allah, your Lord; do not expel them from their houses during the appointed period nor should they leave on their own, unless they bring about some matter of blatant lewdness; and these are the limits of Allah; and whoever crosses Allah’s limits has indeed wronged himself; do you not know, it is likely that Allah may send some new decree after this?
O Prophet, when you divorce women, divorce them when they have reached their period. Count the period, and fear God your Lord. Do not expel them from their houses, nor let them go forth, except when they commit a flagrant indecency. Those are God's bounds; whosoever trespasses the bounds of God has done wrong to himself. Thou knowest not, perchance after that God will bring something new to pass.
O PROPHET! When you [intend to divorce women, divorce them with a view to the waiting period appointed for them, and reckon the period [carefully], and be conscious of God, your Sustainer. Do not expel them from their homes; and neither shall they [be made to] leave unless they become openly guilty of immoral conduct. These, then, are the bounds set by God - and he who transgresses the bounds set by God does indeed sin against himself: [for, O man, although] thou knowest it not, after that [first breach] God may well cause something new to come about.
O Prophet! when ye divorce women, divorce them before their waitrng-period; and count the waiting period; and fear Allah, your Lord. Drive them not out of their houses, nor should they go forth, unless they commit a manifest indecency. These are the bounds of Allah; and whosoever trespasseth the bounds of Allah, hath surely wronged himself. Thou knowest not, that haply Allah may hereafter bring something new to pass.
O Prophet (SAW)! When you divorce women, divorce them at their 'Iddah (prescribed periods), and count (accurately) their 'Iddah (periods). And fear Allah your Lord (O Muslims), and turn them not out of their (husband's) homes, nor shall they (themselves) leave, except in case they are guilty of some open illegal sexual intercourse. And those are the set limits of Allah. And whosoever transgresses the set limits of Allah, then indeed he has wronged himself. You (the one who divorces his wife) know not, it may be that Allah will afterward bring some new thing to pass (i.e. to return her back to you if that was the first or second divorce).
O Prophet! If any of you divorce women, divorce them during their period of purity, and calculate their term. And be pious before God, your Lord. And do not evict them from their homes, nor shall they leave, unless they have committed a proven adultery. These are the limits of God—whoever oversteps God’s limits has wronged his own soul. You never know; God may afterwards bring about a new situation.
O Prophet, when you divorce women, divorce them for their waiting-period, and compute the waiting period accurately, and hold Allah, your Lord, in awe. Do not turn them out of their homes (during the waiting period) – nor should they go away (from their homes) – unless they have committed a manifestly evil deed. Such are the bounds set by Allah; and he who transgresses the bounds set by Allah commits a wrong against himself. You do not know: maybe Allah will cause something to happen to pave the way (for reconciliation).
O Prophet! When you divorce women, divorce them at their `Iddah and count their `Iddah. And have Taqwa of Allah, your Lord. And turn them not out of their homes nor shall they leave, except in case they are guilty of Fahishah Mubayyinah. And those are the set limits of Allah. And whosoever transgresses the set limits of Allah, then indeed he has wronged himself. You know not, it may be that Allah will afterward bring some new thing to pass.
O Prophet! When ye (men) put away women, put them away for their (legal) period and reckon the period, and keep your duty to Allah, your Lord. Expel them not from their houses nor let them go forth unless they commit open immorality. Such are the limits (imposed by) Allah; and whoso transgresseth Allah's limits, he verily wrongeth his soul. Thou knowest not: it may be that Allah will afterward bring some new thing to pass.
O Prophet! When you divorce women, divorce them at [the conclusion of] their term and calculate the term, and be wary of Allah, your Lord. Do not turn them out from their homes, nor shall they go out, unless they commit a gross indecency. These are Allah’s bounds, and whoever transgresses the bounds of Allah certainly wrongs himself. You never know maybe Allah will bring off something new later on.
O (nation of the) Prophet, if you divorce your wives, divorce them after (the end of their) menstrual cycle. Count their waiting period and fear Allah your Lord. Do not drive them from their homes or let them go away unless they commit a proven immorality. Such are the bounds set by Allah, he that exceeds the bounds of Allah wrongs himself. You do not know, perhaps after that Allah will bring a new event.
O Prophet, when you [Muslims] divorce women, divorce them for [the commencement of] their waiting period and keep count of the waiting period, and fear Allah, your Lord. Do not turn them out of their [husbands'] houses, nor should they [themselves] leave [during that period] unless they are committing a clear immorality. And those are the limits [set by] Allah. And whoever transgresses the limits of Allah has certainly wronged himself. You know not; perhaps Allah will bring about after that a [different] matter.
Prophet and believers, if you want to divorce your wives, you should divorce them at a time after which they can start their waiting period. Let them keep an account of the number of the days in the waiting period. Have fear of God, your Lord. (During their waiting period) do not expel them from their homes and they also must not go out of their homes, unless they commit proven indecency. These are the Laws of God. Whoever transgresses against the laws of God has certainly wronged himself. You never know, perhaps God will bring about some new situation.
O Prophet! when you divorce women, divorce them for~ their prescribed time, and calculate the number of the days prescribed, and be careful of (your duty to) Allah, your Lord. Do not drive them out of their houses, nor should they themselves go forth, unless they commit an open indecency; and these are the limits of Allah, and whoever goes beyond the limits of Allah, he indeed does injustice to his own soul. You do not know that Allah may after that bring about reunion.
Y<u>a</u> ayyuh<u>a</u> a<b>l</b>nnabiyyu i<u>tha</u> <u>t</u>allaqtumu a<b>l</b>nnis<u>a</u>a fa<u>t</u>alliqoohunna liAAiddatihinna waa<u>hs</u>oo alAAiddata wa<b>i</b>ttaqoo All<u>a</u>ha rabbakum l<u>a</u> tukhrijoohunna min buyootihinna wal<u>a</u> yakhrujna ill<u>a</u> an yateena bif<u>ah</u>ishatin mubayyinatin watilka <u>h</u>udoodu All<u>a</u>hi waman yataAAadda <u>h</u>udooda All<u>a</u>hi faqad <i><u>th</u></i>alama nafsahu l<u>a</u> tadree laAAalla All<u>a</u>ha yu<u>h</u>dithu baAAda <u>tha</u>lika amr<u>a</u><b>n</b>
O Prophet! When any of you divorce your wives, divorce them during their period of purity and calculate the period carefully: be mindful of God, your Lord. Do not drive them out of their homes, nor should they themselves leave, unless they become openly guilty of immoral conduct. These are the bounds set by God. He who transgresses God's bounds wrongs his own soul. You never know, after that, God may well bring about some new situation.
O Prophet! When ye do divorce women, divorce them at their prescribed periods, and count (accurately), their prescribed periods: And fear Allah your Lord: and turn them not out of their houses, nor shall they (themselves) leave, except in case they are guilty of some open lewdness, those are limits set by Allah: and any who transgresses the limits of Allah, does verily wrong his (own) soul: thou knowest not if perchance Allah will bring about thereafter some new situation.
بِسْمِ ٱللَّهِ ٱلرَّحْمَٰنِ ٱلرَّحِيمِ يَٰٓأَيُّهَا ٱلنَّبِىُّ إِذَا طَلَّقْتُمُ ٱلنِّسَآءَ فَطَلِّقُوهُنَّ لِعِدَّتِهِنَّ وَأَحْصُوا۟ ٱلْعِدَّةَ وَٱتَّقُوا۟ ٱللَّهَ رَبَّكُمْ لَا تُخْرِجُوهُنَّ مِنۢ بُيُوتِهِنَّ وَلَا يَخْرُجْنَ إِلَّآ أَن يَأْتِينَ بِفَٰحِشَةٍ مُّبَيِّنَةٍ وَتِلْكَ حُدُودُ ٱللَّهِ وَمَن يَتَعَدَّ حُدُودَ ٱللَّهِ فَقَدْ ظَلَمَ نَفْسَهُۥ لَا تَدْرِى لَعَلَّ ٱللَّهَ يُحْدِثُ بَعْدَ ذَٰلِكَ أَمْرًا
O Prophet! If you or any of the men from your nation intend to divorce your wives, then he should issue a divorce to her considering her waiting period. That is that the divorce should be issued in a period of purity between two separate menses, in which he has not had sexual relations with her. Also, keep track of the waiting period, so that you are able to take your wives back within it if you intend to do so. And be mindful of Allah by fulfilling His commands and refraining from the things He has not allowed; do not force your divorced wives out of the homes they live in, until their waiting periods finish, except if they commit an obvious shameful act i.e. adultery. Those are the limits of Allah He has set for His servants; whoever trespasses the limits of Allah has indeed, oppressed himself by placing himself in a situation of doom, because of disobeying his Lord. O divorcée! You do not know, perhaps Allah may create a longing in the heart of the spouse, and he may take his wife back.
O Prophet! If you or any of the men from your nation intend to divorce your wives, then he should issue a divorce to her considering her waiting period. That is that the divorce should be issued in a period of purity between two separate menses, in which he has not had sexual relations with her. Also, keep track of the waiting period, so that you are able to take your wives back within it if you intend to do so. And be mindful of Allah by fulfilling His commands and refraining from the things He has not allowed; do not force your divorced wives out of the homes they live in, until their waiting periods finish, except if they commit an obvious shameful act i.e. adultery. Those are the limits of Allah He has set for His servants; whoever trespasses the limits of Allah has indeed, oppressed himself by placing himself in a situation of doom, because of disobeying his Lord. O divorcée! You do not know, perhaps Allah may create a longing in the heart of the spouse, and he may take his wife back.
<p>The Status of Marriage and Divorce in Shari’ ah: The Wise Legal Framework</p><p>In Ma’ ariful Qur’ an, Volume [ 1], p 573, in Surah Al-Baqarah, full details of the subject under similar heading are given. The gist of the matter is that marriage and divorce in any given religion is not like a mutual transaction or contract similar to transactions in buying and selling or in loans and repayments, which the contracting parties may conclude as they wish. In all ages there has always been a consensus among followers of all religions that these contracts have a special sacred nature, for above ordinary contracts. Marriage and divorce must, of necessity, follow the sacred laws. The People of the Book, Jews and Christians, have a celestial religion and a heavenly book. Despite countless changes and distortions, they still retain the religious value of marriage, consider it sacrosanct and are unwilling to change its ceremonial rites. They maintain that traditional restrictions are binding. Idol-worshippers, who do not have any celestial book or religion, but do believe in the Supreme Being, like Hindus, Aryahs, Sikhs, Magi, Fire-worshippers and star-worshippers, all believe in the sacred nature of marriage and divorce and feel bound to fulfill their religious rites when getting married. All family laws are based on these principles of the various religions.</p><p>Only the atheistic group, which rejects outright the existence of God or does not see the need for religion, feel that marriage and divorce are like any other commercial transaction like ‘hiring contract’. The purpose of marriage is no more than gratification of one’ s carnal desires. Alas, this theory seems to be gaining momentum throughout the world nowadays, which has made man to join the beastly queue. To Allah we belong and to Him we direct our complaint!</p><p>The sacred law of Islam is a complete and chaste system of life. Islam has not treated marriage as a civil contract only, but has endowed it with the status of a kind of worship. The institution thus not only allows the satisfaction of carnal desires of husband and wife in a chaste manner, with which they are naturally endued, but it also hinds them in a wise and just system of mutual rights and obligations essential to the proper functioning of family life and solving the sociological problems like preserving the human race and upbringing of the children.</p><p>Since the proper functioning of human race depends on the proper maintenance of marital relationship, Islam has focused attention on family issues most exhaustively. By a careful analysis of the Holy Qur’ an we notice that commercial contracts like sale, partnership, hiring and so on are though among the most important socio-economic problems, the Holy Qur’ an has restricted itself to setting down their basic principles, and the bye-laws are rarely ever touched upon in matters of marriage and divorce, on the other hand, not only the fundamental principles have been laid down, but their detailed laws have also been directly revealed by Allah in the Qur’ an and entrenched.</p><p>These laws have been scattered in various Chapters, and Surah An-Nisa’ deals with them more elaborately. The current Surah, known as Surah An-Nisa’ As-Sughra or the Short Surah An-Nisa’ [ Qurtubi with reference to Bukhari ]</p><p>According to the drift of Islamic teachings, when a man and a woman contract marriage, it should establish a permanent relationship for the whole lifetime. This will maintain stability of husband and wife in mundane, as well as, in religious affairs, and also in the up-bringing of the children born to this wedlock, so that their moral conduct is proper and upright. Therefore, Islam at every step of the way, guides marriage partners to avoid bitterness in their marital relationship, and even if it does arise, utmost efforts are made to remove it and to patch up differences and reconcile. However, despite all these attempts, it is possible in some cases that there remains no way out for the welfare of the estranged parties except to terminate this relationship. Religions that do not allow divorce cause hardship for their followers when faced with such complicated situations and lead to serious consequences. For that reason, Islam has, like the laws of marriage, laid down principles and rules for divorce as well. However, it has at the same time declared to its followers the guiding principle that, out of all permissible acts, divorce is the most detested one in the sight of Allah. [ narrated by Sayyidna ‘Abdullah Ibn ‘Umar ؓ ], meaning that people should avoid it as far as possible. They should use this provision only as a last resort, only when they are compelled to do it. Sayyidna ‘Ali ؓ has narrated that the Messenger of Allah ﷺ said تزوّجوا ولا تطلقوا فانّ الطّلاق یھتزّ منہ عرش الرّحمٰن Marry; do not divorce because divorce causes the Throne of the All-Merciful to shudder.) Sayyidna Abu Musa Ash’ ari ؓ narrates that the Messenger of Allah ﷺ said: “ Do not divorce women without their committing the evil act, because Allah does not love men who merely wish to experience the taste of sex, nor does He loves women who merely wish to experience the taste of sex.” [ Qurtubi vide Thalabi ]</p><p>Sayyidna Mua’ dh Ibn Jabal ؓ narrates that the Messenger of Allah ﷺ said: “ Allah has created nothing on the face of the earth dearer to Him than emancipation of slaves, and Allah has created nothing on the face of earth more hateful to Him than divorce.” [ Qurtubi ]</p><p>Nevertheless, Islam has though discouraged divorce and has advised its followers to avoid it as far as possible, it has allowed it in cases of necessity under special rules and regulations which require that if termination of marital relationship becomes necessary, it should be done in a fair and dignified manner. Divorce should not be taken as a means of satisfying anger and revenge.</p><p>This Surah opens with the vocative expression يَا أَيُّهَا النَّبِيُّ ( O Prophet), which according to Imam Qurtubi, is generally used where the rule declared after that is intended to apply to the entire body of the believers. Where the injunction is exclusively meant for the person of the Holy Prophet ﷺ ، he is addressed as يَا أَيُّهَا رسُولُ ( O Messenger).</p><p>In this context, the vocative expression يَا أَيُّهَا النَّبِيُّ Ya-ayyuhan-Nabiyu is singular and as such it required that the verb should be singular as well to comply with the Arabic grammatical rule of concordance, but we notice that the verb used is the second person plural thus إِذَا طَلَّقْتُمُ النِّسَاءَ ( O prophet, when you people divorce women).</p><p>In terms of literary usage and rules of eloquence, there are two types of plural: plural of number and honorific plural. Plural of number applies to three or more persons, but often the plural may refer to one person only in which case it expresses respect or honour and is called honorific plural. In the light of this rule, the plural verb addresses the ‘prophet’ directly as a mark of respect and honour, and at the same time it indicates that the injunctions not restricted to him exclusively, but it applies to the entire body of believers.</p><p>Some scholars, however, are of the view that a sentence is understood here in the following way: يَا أَيُّهَا النَّبِيُّ قُل لِّلمُؤمِنِینَ إِذَا طَلَّقْتُمُ النِّسَاءَ which means: O prophet, say to the believers that when they divorce their wives, they should observe the following:</p><p>Rule [ 1]</p><p>فَطَلِّقُوهُنَّ لِعِدَّتِهِنَّ (…divorce them at a time when the period of ‘iddah means to ‘count’ and in the terminology of Shri’ ah the term ‘iddah means to ‘count’ and in the terminology of Shari’ ah the term ‘iddah means the waiting period prescribed for a divorced woman before she can marry another man. There are two ways in which a woman’ s marriage may be terminated. [ 1] When her husband dies, in which case the period of waiting is four months and ten days. [ 2] Her marriage ends when the husband divorces her. In the case of a divorcee that is not pregnant, ‘iddah is three periods of menstruation according to Imam Abu Hanifah and other leading authorities. According to Imam Shafi’ i and other scholars, the waiting period for a divorcee is three tuhrs (i.e. three periods of purity after menses). However, there are no days or months fixed for her. Whenever her three menstrual cycles or clean cycles complete, her waiting period of divorce will be over. Women who do not menstruate, because they have not yet attained puberty, or because they have attained menopausal age, rule about them is forthcoming. Likewise, the rule for pregnant women is also forthcoming, in which case the waiting period for death and divorce is the same. The verse indicates that divorce should be given during tuhr (when woman is not in her menstruation period), so that ‘iddah may start from her immediate menstruation period. Conversely, if she is divorced during menses, ‘iddah will start from the next menses period, and she will have to wait for a longer time before her ‘iddah may start.</p><p>Sahih of Bukhari and Muslim record that Sayyidna Ibn ‘umar ؓ divorced his wife while she was menstruating. When Sayyidna ‘Umar ؓ mentioned this to the Messenger of Allah ﷺ ، he became very indignant and said:</p><p>لیراجعھا ثم یمسکھا حتّی تطھر ثم تحیض فتطھر ، فان بدا لہ فلیطلقھا طاھرًاقبل ان یمسّھا ، فتلک العدّہ الّتی امرھا اللہ تعالیٰ ان یطلّق بھا النّساء۔</p><p>“ He must take her back and keep her till she is purified, then has another menstrual cycle and is purified. If it then seems proper for him to pronounce another divorce to her, he may do so when she is pure from the menstrual discharge before having conjugal relations with her, for that is the ‘iddah that Allah has commanded for the divorce of women.” [ Sahih Bukhari and Muslim as quoted by Mazhari ].</p><p>This Hadith clarifies several points. [ 1] It is forbidden to divorce a woman while she is menstruating. [ 2] If a person does this, it is necessary for him to retract the divorce, provided that it is revocable as was in the case of Sayyidna Ibn ‘Umar ؓ . [ 3] If a husband wishes to divorce his wife during the clean-period, he must not have had conjugal relations with her. And [ 4] This is the interpretation of verse [ 1] of this Surah: فَطَلِّقُوهُنَّ لِعِدَّتِهِنَّ.</p><p>From what is cited above the meaning of the verse is explained, in that if a husband wishes to pronounce divorce on his wife, he must do so before her waiting period can commence. Since, according to Imam Abu Hanifah, the waiting period will start with the menstrual cycle that follows the divorce, the meaning of the verse would be that in the clean period in which divorce is intended to be pronounced, no intercourse should take place, and that it should be pronounced towards the last part of the clean period before the start of the menstrual cycle. But since according to Imam Shafi’ i, the waiting-period starts with the clean-period, the phrase لِقِبَلِ عِدَّتُهُنَّ (before their waiting-period) implies: ‘Divorce them at the start of the clean-period’. This difference of opinion hinges on the differential interpretation of the word quru’ occurring in verse ثَلَاثَةَ قُرُ‌وءٍ [ 228] of Surah Baqarah. The details are available in Volume [ 1] of Ma’ ariful Qur’ an under [ 2:228]</p><p>In sum: The first rule as derived from the verse under comments is that, according to unanimity of the Ummah, it is forbidden to pronounce divorce during the monthly courses. It should be pronounced in the interval between two monthly courses during which the husband and wife should not have had sexual intercourse. If they had intercourse during the interval, it is forbidden to pronounce the divorce. The reason for the prohibition in both cases is that the waiting-period of the wife will be unnecessarily prolonged and will cause her undue hardship. If she is divorced during her monthly course, it will not be counted. She will have to complete her days of menstruation and, according to the Hanafi school, the next clean-period or interval will not be counted either. When the second monthly course commences, her ‘iddah will start. This will obviously lengthen her period greatly. According to the Shafi’ i school, at least the rest of the menstrual days, which passed before the waiting-period, will be increased.</p><p>This very first rule about divorce ensures that divorce is not a source of satisfying a fit to anger or revenge. It is rather an arrangement adopted as a last resort for the comfort of both the parties. It is necessary, therefore, to keep in mind from the very outset that the wife should not be unduly harmed by prolonging her waiting period.</p><p>This procedure applies in the case of the women whose ‘iddah is calculated by menstrual cycles or clean cycles. It does not apply to women for whom waiting-period is not compulsory, as in the case of a woman who did not have privacy with her husband. If a man and a woman got married but they did not get together in privacy, ‘iddah is not necessary for her at all when she is divorced. Therefore, it is permissible to divorce such women during their monthly courses. Likewise, ‘iddah for a woman who does not menstruate on account of minority of age, or because she had attained menopausal age, is computed on monthly basis. Their ‘iddah is three months. Their menstrual or pure cycles are not taken into account. It is permissible to divorce them in any state, and even after having intercourse with them, as the forthcoming verses will clarify. [[ Mazhari ] paraphrased ]</p><p>Rule [ 2]</p><p>وَ اَحصُوا العِدَّۃَ (And count the period of ‘iddah…1) The word Ihsa’ means ‘to count’. The verse purports to say that the believers, men and women, should keep a careful count of the passing days of the waiting period, lest they forget the exact days and feel, before time, that the waiting-period is over. The responsibility of keeping count of the days has been imposed on both men and women, although only masculine form has been used here. Generally, when the Qur’ an imposes injunctions on men and women, it uses the masculine form but it includes women as well. Another reason for using masculine gender here may be that women are generally more heedless, and therefore, the responsibility has been put directly on the shoulders of men.</p><p>Rule [ 3]</p><p>لَا تُخْرِ‌جُوهُنَّ مِن بُيُوتِهِنَّ وَلَا يَخْرُ‌جْنَ (Do not expel them from their houses, nor should they go out…65:1). The construction in this verse contains the phrase بُيُوتِهِنَّ ‘their houses’, and implies that, so far as the residence of divorced women is due on men, they have a rightful claim in the home of their former husbands. Letting them reside there is no favour to them, but it is one of the basic rights of a wife that has been imposed upon the husband as an obligation. This verse shows that this right of her does not end with divorce, but continues till the completion of waiting-period. Expelling a woman from her house before the completion of the waiting-period is unjust and forbidden. Likewise, it is forbidden for women to leave their houses on their own, even though the husband may permit her to leave, because spending the waiting-period in their houses is not only the husband’ s right, but also the Divine right, in that Allah has imposed on a woman in her period of ‘iddah. This is the rule according to the Hanafi school.</p><p>Rule [ 4]</p><p>إِلَّا أَن يَأْتِينَ بِفَاحِشَةٍ مُّبَيِّنَةٍ (…unless they come up with a clearly shameless act…65:1). It is forbidden to expel divorcees from their homes when they are passing their period of ‘iddah. However, an exception is made in this part of the verse. The exception applies to a situation when they come up with a clearly shameless act, in which case they may be expelled. What is meant by ‘a clearly shameless act’? There are three views regarding this question:</p><p>The first view is that ‘leaving husband’ s home on her own’ is in itself an act of committing an outright indecency. In this interpretation, the ‘exception’ is not meant as a real exception. It does not purport to allow women to leave the homes, but to emphasize its prohibition with greater force. Its example is as follows: ‘None shall do such-and-such certain work “ unless” he has lost his human quality’, or ‘Do not use obscene language against your mother “ unless” you wish to become out-and-out disobedient to your mother’. The first example of ‘exception’ does not purport to legalize the act, nor does the second example purport to legitimate it. Both examples eloquently emphasize prohibition of the acts. In brief, the injuction in the verse sets down that divorcees are not permitted to leave their husband’ s homes, unless they have reached the ultimate point of indecency and run away. Thus it does not allow to run away, but stresses its shamelessness and confirms its prohibition. This interpretation of ‘clearly shameless act’ is ascribed to Sayyidna ‘Abdullah Ibn ‘Umar ؓ ، Suddi, Ibn-us-Sa’ ib, an-Nakha’ i and others. Imam Abu Hanifah (رح) has also preferred this interpretation. [ Ruh-ul-Ma’ ani ]</p><p>The second interpretation of the phrase فَاحِشَةٍ مُّبَيِّنَةٍ ‘a clearly shameless act’ is that it refers to ‘adultery’ in which case the use of ‘exception’ would be in its normal sense. If a divorced woman commits adultery and it is proved that she is guilty of the crime, she will have to be taken away from her home to implement the prescribed punishment of adultery. This interpretation is attributed to Qatadah, Hasan al-Basri, Sha’ bi, Zaid Ibn Aslam, Dahhak, ‘Ikrimah and others. Imam Abu Yusuf has preferred this interpretation.</p><p>The third view about the phrase ‘a clearly shameless act’ is that it refers to the ‘use of abusive language’ or ‘quarreling’. The sense is that if the woman uses abusive language or its quarrelsome, it is permissible to evict her from her home of ‘iddah. This interpretation of the phrase is ascribed to Sayyidna Ibn ‘Abbas ؓ on the authority of several chains of transmitters. According to Sayyidna ‘Abdullah Ibn Mas’ ud ؓ and Ubayy Ibn Ka’ b ؓ ، the exceptive phase is read thus اِلَّا اَن یَفحَشَ. The apparent maning of this reading is ‘indecent speech’. This reading confirms the third interpretation. [ Ruh ]. In this case as well, the ‘exception’ is employed inits primary sense – in that if a divorced woman is obscene in words and actions, she can be evicted from her home of waiting-period.</p><p>Thus far four rules of divorcing procedure have been set down. More rules are forthcoming, but between them there are a few sentences to stress upon the strict adherence to these rules and to exhort people to carefully refrain from their violation. It is a unique style of the Qur’ an that after every command or injunction, its violation is prevented by instilling Allah’ s awful reverence in the hearts, and by invoking concern about the Hereafter. Especially the relationship between husband and wife is so delicate that their mutual rights cannot be fulfilled merely by legislation. The only thing that can prevent spouses from violation of the rules in the fear of Allah and the Hereafter.</p><p>وَتِلْكَ حُدُودُ اللَّـهِ ۚ وَمَن يَتَعَدَّ حُدُودَ اللَّـهِ فَقَدْ ظَلَمَ نَفْسَهُ ۚ لَا تَدْرِ‌ي لَعَلَّ اللَّـهَ يُحْدِثُ بَعْدَ ذَٰلِكَ أَمْرً‌ا</p><p>(And these are the limits prescribed by Allah. And whoever exceeds the limits prescribed by Allah wrongs his own self. You do not know [ what will happen in future ]; it may be that Allah brings about a new situation thereafter…65:1)</p><p>The phrase حُدُودَ اللَّـهِ (the limits prescribed by Allah) refers to the sacred laws set down by the Shari’ ah of Islam. The phrase وَمَن يَتَعَدَّ (And whoever exceeds the limits prescribed by Allah) implies ‘whoever violates the sacred laws’. The phrase فَقَدْ ظَلَمَ نَفْسَهُ (wrongs his own self) implies that he has not damaged Allah’ s sacred laws or the Shari’ ah. In fact, he has caused loss to himself. The loss could be religious, or it could be mundane. The religious loss means that he has sinned by violating the sacred laws, in consequence of which he will suffer in the Hereafter. The mundane loss means that any person who pronounces divorce in violation of the rules prescribed by the Shari’ ah will most probably end up with three pronouncements of divorce, after which it cannot be revoked and even a fresh marriage is not possible. Such a person regrets bitterly and suffers tremendous hardship in this very world, especially if he has children. Many people divorce their wives with the intention of causing harm to them. It may cause some harm to the wives but such cruel husbands will be liable to double punishment: firstly for breaking the sacred laws of Allah, and secondly for the cruelty exercised against women. Such a situation has been so eloquently versified by a Persian poet:</p><p>پنداشت ستمگر جفا بر ما کرد بر گردن وے بماند و برما بگذشت</p><p>The oppressor thinks that he has caused misery for us</p><p>However, our misery comes to an end, but the liability of oppressor for good.</p><p>لَا تَدْرِ‌ي لَعَلَّ اللَّـهَ يُحْدِثُ بَعْدَ ذَٰلِكَ أَمْرً‌ا (You do not know; it may be that Allah brings about a new situation thereafter…65:1). These words signify that after estranged relations between the espouses, Allah may create a situation where the husband may recall the comforts he enjoyed in his wife’ s company, and realize the services offered by her in taking care of children and the home. On realizing this, he may be remorseful on what he did, retract the divorce and retain her as his wife. This is possible only if at the time of divorcing the limits prescribed by the Shari’ ah is kept in view and instead of making the divorce ba’ in, a revocable divorce is pronounced, in which case the husband has the right to retract it and retain the wife. Irrevocable divorce should not be resorted to unnecessarily because it terminates the marriage at once. Nor should three divorces should be pronounced, because after the third pronouncement, the husband does not have the right to retract, nor is it possible to renew the marriage contract, even if the divorced parties agree mutually.</p>
The Status of Marriage and Divorce in Shari’ ah: The Wise Legal FrameworkIn Ma’ ariful Qur’ an, Volume [ 1], p 573, in Surah Al-Baqarah, full details of the subject under similar heading are given. The gist of the matter is that marriage and divorce in any given religion is not like a mutual transaction or contract similar to transactions in buying and selling or in loans and repayments, which the contracting parties may conclude as they wish. In all ages there has always been a consensus among followers of all religions that these contracts have a special sacred nature, for above ordinary contracts. Marriage and divorce must, of necessity, follow the sacred laws. The People of the Book, Jews and Christians, have a celestial religion and a heavenly book. Despite countless changes and distortions, they still retain the religious value of marriage, consider it sacrosanct and are unwilling to change its ceremonial rites. They maintain that traditional restrictions are binding. Idol-worshippers, who do not have any celestial book or religion, but do believe in the Supreme Being, like Hindus, Aryahs, Sikhs, Magi, Fire-worshippers and star-worshippers, all believe in the sacred nature of marriage and divorce and feel bound to fulfill their religious rites when getting married. All family laws are based on these principles of the various religions.Only the atheistic group, which rejects outright the existence of God or does not see the need for religion, feel that marriage and divorce are like any other commercial transaction like ‘hiring contract’. The purpose of marriage is no more than gratification of one’ s carnal desires. Alas, this theory seems to be gaining momentum throughout the world nowadays, which has made man to join the beastly queue. To Allah we belong and to Him we direct our complaint!The sacred law of Islam is a complete and chaste system of life. Islam has not treated marriage as a civil contract only, but has endowed it with the status of a kind of worship. The institution thus not only allows the satisfaction of carnal desires of husband and wife in a chaste manner, with which they are naturally endued, but it also hinds them in a wise and just system of mutual rights and obligations essential to the proper functioning of family life and solving the sociological problems like preserving the human race and upbringing of the children.Since the proper functioning of human race depends on the proper maintenance of marital relationship, Islam has focused attention on family issues most exhaustively. By a careful analysis of the Holy Qur’ an we notice that commercial contracts like sale, partnership, hiring and so on are though among the most important socio-economic problems, the Holy Qur’ an has restricted itself to setting down their basic principles, and the bye-laws are rarely ever touched upon in matters of marriage and divorce, on the other hand, not only the fundamental principles have been laid down, but their detailed laws have also been directly revealed by Allah in the Qur’ an and entrenched.These laws have been scattered in various Chapters, and Surah An-Nisa’ deals with them more elaborately. The current Surah, known as Surah An-Nisa’ As-Sughra or the Short Surah An-Nisa’ [ Qurtubi with reference to Bukhari ]According to the drift of Islamic teachings, when a man and a woman contract marriage, it should establish a permanent relationship for the whole lifetime. This will maintain stability of husband and wife in mundane, as well as, in religious affairs, and also in the up-bringing of the children born to this wedlock, so that their moral conduct is proper and upright. Therefore, Islam at every step of the way, guides marriage partners to avoid bitterness in their marital relationship, and even if it does arise, utmost efforts are made to remove it and to patch up differences and reconcile. However, despite all these attempts, it is possible in some cases that there remains no way out for the welfare of the estranged parties except to terminate this relationship. Religions that do not allow divorce cause hardship for their followers when faced with such complicated situations and lead to serious consequences. For that reason, Islam has, like the laws of marriage, laid down principles and rules for divorce as well. However, it has at the same time declared to its followers the guiding principle that, out of all permissible acts, divorce is the most detested one in the sight of Allah. [ narrated by Sayyidna ‘Abdullah Ibn ‘Umar ؓ ], meaning that people should avoid it as far as possible. They should use this provision only as a last resort, only when they are compelled to do it. Sayyidna ‘Ali ؓ has narrated that the Messenger of Allah ﷺ said تزوّجوا ولا تطلقوا فانّ الطّلاق یھتزّ منہ عرش الرّحمٰن Marry; do not divorce because divorce causes the Throne of the All-Merciful to shudder.) Sayyidna Abu Musa Ash’ ari ؓ narrates that the Messenger of Allah ﷺ said: “ Do not divorce women without their committing the evil act, because Allah does not love men who merely wish to experience the taste of sex, nor does He loves women who merely wish to experience the taste of sex.” [ Qurtubi vide Thalabi ]Sayyidna Mua’ dh Ibn Jabal ؓ narrates that the Messenger of Allah ﷺ said: “ Allah has created nothing on the face of the earth dearer to Him than emancipation of slaves, and Allah has created nothing on the face of earth more hateful to Him than divorce.” [ Qurtubi ]Nevertheless, Islam has though discouraged divorce and has advised its followers to avoid it as far as possible, it has allowed it in cases of necessity under special rules and regulations which require that if termination of marital relationship becomes necessary, it should be done in a fair and dignified manner. Divorce should not be taken as a means of satisfying anger and revenge.This Surah opens with the vocative expression يَا أَيُّهَا النَّبِيُّ ( O Prophet), which according to Imam Qurtubi, is generally used where the rule declared after that is intended to apply to the entire body of the believers. Where the injunction is exclusively meant for the person of the Holy Prophet ﷺ ، he is addressed as يَا أَيُّهَا رسُولُ ( O Messenger).In this context, the vocative expression يَا أَيُّهَا النَّبِيُّ Ya-ayyuhan-Nabiyu is singular and as such it required that the verb should be singular as well to comply with the Arabic grammatical rule of concordance, but we notice that the verb used is the second person plural thus إِذَا طَلَّقْتُمُ النِّسَاءَ ( O prophet, when you people divorce women).In terms of literary usage and rules of eloquence, there are two types of plural: plural of number and honorific plural. Plural of number applies to three or more persons, but often the plural may refer to one person only in which case it expresses respect or honour and is called honorific plural. In the light of this rule, the plural verb addresses the ‘prophet’ directly as a mark of respect and honour, and at the same time it indicates that the injunctions not restricted to him exclusively, but it applies to the entire body of believers.Some scholars, however, are of the view that a sentence is understood here in the following way: يَا أَيُّهَا النَّبِيُّ قُل لِّلمُؤمِنِینَ إِذَا طَلَّقْتُمُ النِّسَاءَ which means: O prophet, say to the believers that when they divorce their wives, they should observe the following:Rule [ 1]فَطَلِّقُوهُنَّ لِعِدَّتِهِنَّ (…divorce them at a time when the period of ‘iddah means to ‘count’ and in the terminology of Shri’ ah the term ‘iddah means to ‘count’ and in the terminology of Shari’ ah the term ‘iddah means the waiting period prescribed for a divorced woman before she can marry another man. There are two ways in which a woman’ s marriage may be terminated. [ 1] When her husband dies, in which case the period of waiting is four months and ten days. [ 2] Her marriage ends when the husband divorces her. In the case of a divorcee that is not pregnant, ‘iddah is three periods of menstruation according to Imam Abu Hanifah and other leading authorities. According to Imam Shafi’ i and other scholars, the waiting period for a divorcee is three tuhrs (i.e. three periods of purity after menses). However, there are no days or months fixed for her. Whenever her three menstrual cycles or clean cycles complete, her waiting period of divorce will be over. Women who do not menstruate, because they have not yet attained puberty, or because they have attained menopausal age, rule about them is forthcoming. Likewise, the rule for pregnant women is also forthcoming, in which case the waiting period for death and divorce is the same. The verse indicates that divorce should be given during tuhr (when woman is not in her menstruation period), so that ‘iddah may start from her immediate menstruation period. Conversely, if she is divorced during menses, ‘iddah will start from the next menses period, and she will have to wait for a longer time before her ‘iddah may start.Sahih of Bukhari and Muslim record that Sayyidna Ibn ‘umar ؓ divorced his wife while she was menstruating. When Sayyidna ‘Umar ؓ mentioned this to the Messenger of Allah ﷺ ، he became very indignant and said:لیراجعھا ثم یمسکھا حتّی تطھر ثم تحیض فتطھر ، فان بدا لہ فلیطلقھا طاھرًاقبل ان یمسّھا ، فتلک العدّہ الّتی امرھا اللہ تعالیٰ ان یطلّق بھا النّساء۔“ He must take her back and keep her till she is purified, then has another menstrual cycle and is purified. If it then seems proper for him to pronounce another divorce to her, he may do so when she is pure from the menstrual discharge before having conjugal relations with her, for that is the ‘iddah that Allah has commanded for the divorce of women.” [ Sahih Bukhari and Muslim as quoted by Mazhari ].This Hadith clarifies several points. [ 1] It is forbidden to divorce a woman while she is menstruating. [ 2] If a person does this, it is necessary for him to retract the divorce, provided that it is revocable as was in the case of Sayyidna Ibn ‘Umar ؓ . [ 3] If a husband wishes to divorce his wife during the clean-period, he must not have had conjugal relations with her. And [ 4] This is the interpretation of verse [ 1] of this Surah: فَطَلِّقُوهُنَّ لِعِدَّتِهِنَّ.From what is cited above the meaning of the verse is explained, in that if a husband wishes to pronounce divorce on his wife, he must do so before her waiting period can commence. Since, according to Imam Abu Hanifah, the waiting period will start with the menstrual cycle that follows the divorce, the meaning of the verse would be that in the clean period in which divorce is intended to be pronounced, no intercourse should take place, and that it should be pronounced towards the last part of the clean period before the start of the menstrual cycle. But since according to Imam Shafi’ i, the waiting-period starts with the clean-period, the phrase لِقِبَلِ عِدَّتُهُنَّ (before their waiting-period) implies: ‘Divorce them at the start of the clean-period’. This difference of opinion hinges on the differential interpretation of the word quru’ occurring in verse ثَلَاثَةَ قُرُ‌وءٍ [ 228] of Surah Baqarah. The details are available in Volume [ 1] of Ma’ ariful Qur’ an under [ 2:228]In sum: The first rule as derived from the verse under comments is that, according to unanimity of the Ummah, it is forbidden to pronounce divorce during the monthly courses. It should be pronounced in the interval between two monthly courses during which the husband and wife should not have had sexual intercourse. If they had intercourse during the interval, it is forbidden to pronounce the divorce. The reason for the prohibition in both cases is that the waiting-period of the wife will be unnecessarily prolonged and will cause her undue hardship. If she is divorced during her monthly course, it will not be counted. She will have to complete her days of menstruation and, according to the Hanafi school, the next clean-period or interval will not be counted either. When the second monthly course commences, her ‘iddah will start. This will obviously lengthen her period greatly. According to the Shafi’ i school, at least the rest of the menstrual days, which passed before the waiting-period, will be increased.This very first rule about divorce ensures that divorce is not a source of satisfying a fit to anger or revenge. It is rather an arrangement adopted as a last resort for the comfort of both the parties. It is necessary, therefore, to keep in mind from the very outset that the wife should not be unduly harmed by prolonging her waiting period.This procedure applies in the case of the women whose ‘iddah is calculated by menstrual cycles or clean cycles. It does not apply to women for whom waiting-period is not compulsory, as in the case of a woman who did not have privacy with her husband. If a man and a woman got married but they did not get together in privacy, ‘iddah is not necessary for her at all when she is divorced. Therefore, it is permissible to divorce such women during their monthly courses. Likewise, ‘iddah for a woman who does not menstruate on account of minority of age, or because she had attained menopausal age, is computed on monthly basis. Their ‘iddah is three months. Their menstrual or pure cycles are not taken into account. It is permissible to divorce them in any state, and even after having intercourse with them, as the forthcoming verses will clarify. [[ Mazhari ] paraphrased ]Rule [ 2]وَ اَحصُوا العِدَّۃَ (And count the period of ‘iddah…1) The word Ihsa’ means ‘to count’. The verse purports to say that the believers, men and women, should keep a careful count of the passing days of the waiting period, lest they forget the exact days and feel, before time, that the waiting-period is over. The responsibility of keeping count of the days has been imposed on both men and women, although only masculine form has been used here. Generally, when the Qur’ an imposes injunctions on men and women, it uses the masculine form but it includes women as well. Another reason for using masculine gender here may be that women are generally more heedless, and therefore, the responsibility has been put directly on the shoulders of men.Rule [ 3]لَا تُخْرِ‌جُوهُنَّ مِن بُيُوتِهِنَّ وَلَا يَخْرُ‌جْنَ (Do not expel them from their houses, nor should they go out…65:1). The construction in this verse contains the phrase بُيُوتِهِنَّ ‘their houses’, and implies that, so far as the residence of divorced women is due on men, they have a rightful claim in the home of their former husbands. Letting them reside there is no favour to them, but it is one of the basic rights of a wife that has been imposed upon the husband as an obligation. This verse shows that this right of her does not end with divorce, but continues till the completion of waiting-period. Expelling a woman from her house before the completion of the waiting-period is unjust and forbidden. Likewise, it is forbidden for women to leave their houses on their own, even though the husband may permit her to leave, because spending the waiting-period in their houses is not only the husband’ s right, but also the Divine right, in that Allah has imposed on a woman in her period of ‘iddah. This is the rule according to the Hanafi school.Rule [ 4]إِلَّا أَن يَأْتِينَ بِفَاحِشَةٍ مُّبَيِّنَةٍ (…unless they come up with a clearly shameless act…65:1). It is forbidden to expel divorcees from their homes when they are passing their period of ‘iddah. However, an exception is made in this part of the verse. The exception applies to a situation when they come up with a clearly shameless act, in which case they may be expelled. What is meant by ‘a clearly shameless act’? There are three views regarding this question:The first view is that ‘leaving husband’ s home on her own’ is in itself an act of committing an outright indecency. In this interpretation, the ‘exception’ is not meant as a real exception. It does not purport to allow women to leave the homes, but to emphasize its prohibition with greater force. Its example is as follows: ‘None shall do such-and-such certain work “ unless” he has lost his human quality’, or ‘Do not use obscene language against your mother “ unless” you wish to become out-and-out disobedient to your mother’. The first example of ‘exception’ does not purport to legalize the act, nor does the second example purport to legitimate it. Both examples eloquently emphasize prohibition of the acts. In brief, the injuction in the verse sets down that divorcees are not permitted to leave their husband’ s homes, unless they have reached the ultimate point of indecency and run away. Thus it does not allow to run away, but stresses its shamelessness and confirms its prohibition. This interpretation of ‘clearly shameless act’ is ascribed to Sayyidna ‘Abdullah Ibn ‘Umar ؓ ، Suddi, Ibn-us-Sa’ ib, an-Nakha’ i and others. Imam Abu Hanifah (رح) has also preferred this interpretation. [ Ruh-ul-Ma’ ani ]The second interpretation of the phrase فَاحِشَةٍ مُّبَيِّنَةٍ ‘a clearly shameless act’ is that it refers to ‘adultery’ in which case the use of ‘exception’ would be in its normal sense. If a divorced woman commits adultery and it is proved that she is guilty of the crime, she will have to be taken away from her home to implement the prescribed punishment of adultery. This interpretation is attributed to Qatadah, Hasan al-Basri, Sha’ bi, Zaid Ibn Aslam, Dahhak, ‘Ikrimah and others. Imam Abu Yusuf has preferred this interpretation.The third view about the phrase ‘a clearly shameless act’ is that it refers to the ‘use of abusive language’ or ‘quarreling’. The sense is that if the woman uses abusive language or its quarrelsome, it is permissible to evict her from her home of ‘iddah. This interpretation of the phrase is ascribed to Sayyidna Ibn ‘Abbas ؓ on the authority of several chains of transmitters. According to Sayyidna ‘Abdullah Ibn Mas’ ud ؓ and Ubayy Ibn Ka’ b ؓ ، the exceptive phase is read thus اِلَّا اَن یَفحَشَ. The apparent maning of this reading is ‘indecent speech’. This reading confirms the third interpretation. [ Ruh ]. In this case as well, the ‘exception’ is employed inits primary sense – in that if a divorced woman is obscene in words and actions, she can be evicted from her home of waiting-period.Thus far four rules of divorcing procedure have been set down. More rules are forthcoming, but between them there are a few sentences to stress upon the strict adherence to these rules and to exhort people to carefully refrain from their violation. It is a unique style of the Qur’ an that after every command or injunction, its violation is prevented by instilling Allah’ s awful reverence in the hearts, and by invoking concern about the Hereafter. Especially the relationship between husband and wife is so delicate that their mutual rights cannot be fulfilled merely by legislation. The only thing that can prevent spouses from violation of the rules in the fear of Allah and the Hereafter.وَتِلْكَ حُدُودُ اللَّـهِ ۚ وَمَن يَتَعَدَّ حُدُودَ اللَّـهِ فَقَدْ ظَلَمَ نَفْسَهُ ۚ لَا تَدْرِ‌ي لَعَلَّ اللَّـهَ يُحْدِثُ بَعْدَ ذَٰلِكَ أَمْرً‌ا(And these are the limits prescribed by Allah. And whoever exceeds the limits prescribed by Allah wrongs his own self. You do not know [ what will happen in future ]; it may be that Allah brings about a new situation thereafter…65:1)The phrase حُدُودَ اللَّـهِ (the limits prescribed by Allah) refers to the sacred laws set down by the Shari’ ah of Islam. The phrase وَمَن يَتَعَدَّ (And whoever exceeds the limits prescribed by Allah) implies ‘whoever violates the sacred laws’. The phrase فَقَدْ ظَلَمَ نَفْسَهُ (wrongs his own self) implies that he has not damaged Allah’ s sacred laws or the Shari’ ah. In fact, he has caused loss to himself. The loss could be religious, or it could be mundane. The religious loss means that he has sinned by violating the sacred laws, in consequence of which he will suffer in the Hereafter. The mundane loss means that any person who pronounces divorce in violation of the rules prescribed by the Shari’ ah will most probably end up with three pronouncements of divorce, after which it cannot be revoked and even a fresh marriage is not possible. Such a person regrets bitterly and suffers tremendous hardship in this very world, especially if he has children. Many people divorce their wives with the intention of causing harm to them. It may cause some harm to the wives but such cruel husbands will be liable to double punishment: firstly for breaking the sacred laws of Allah, and secondly for the cruelty exercised against women. Such a situation has been so eloquently versified by a Persian poet:پنداشت ستمگر جفا بر ما کرد بر گردن وے بماند و برما بگذشتThe oppressor thinks that he has caused misery for usHowever, our misery comes to an end, but the liability of oppressor for good.لَا تَدْرِ‌ي لَعَلَّ اللَّـهَ يُحْدِثُ بَعْدَ ذَٰلِكَ أَمْرً‌ا (You do not know; it may be that Allah brings about a new situation thereafter…65:1). These words signify that after estranged relations between the espouses, Allah may create a situation where the husband may recall the comforts he enjoyed in his wife’ s company, and realize the services offered by her in taking care of children and the home. On realizing this, he may be remorseful on what he did, retract the divorce and retain her as his wife. This is possible only if at the time of divorcing the limits prescribed by the Shari’ ah is kept in view and instead of making the divorce ba’ in, a revocable divorce is pronounced, in which case the husband has the right to retract it and retain the wife. Irrevocable divorce should not be resorted to unnecessarily because it terminates the marriage at once. Nor should three divorces should be pronounced, because after the third pronouncement, the husband does not have the right to retract, nor is it possible to renew the marriage contract, even if the divorced parties agree mutually.
<h2 class="title">Which was revealed in Al-Madinah</h2><div class="text_uthmani arabic">بِسْمِ اللَّهِ الرَّحْمَـنِ الرَّحِيمِ </div><p>(In the Name of Allah, the Most Gracious, the Most Merciful.</p><h2 class="title">There is a Period during which Divorced Women remain in Their Homes</h2><p>The Prophet was addressed first in this Ayah, to honor him, even though his Ummah is also being addressed in Allah's statement,</p><div class="text_uthmani arabic">يأيُّهَا النَّبِىُّ إِذَا طَلَّقْتُمُ النِّسَآءَ فَطَلِّقُوهُنَّ لِعِدَّتِهِنَّ</div><p>(O Prophet! When you divorce women, divorce them at their `Iddah) Al-Bukhari recorded that `Abdullah bin `Umar divorced his wife, during the lifetime of Allah's Messenger , while she was menstruating. `Umar bin Al-Khattab mentioned that to Allah's Messenger . Allah's Messenger became angry and said,</p><div class="text_uthmani arabic">«لِيُرَاجِعْهَا ثُمَّ يُمْسِكْهَا حَتْى تَطْهُرَ، ثُمَّ تَحِيضَ فَتَطْهُرَ، فَإِنْ بَدَا لَهُ أَنْ يُطَلِّقَهَا، فَلْيُطَلِّقْهَا طَاهِرًا قَبْلَ أَنْ يَمَسَّهَا، فَتِلْكَ الْعِدَّةُ الَّتِي أَمَرَ بِهَا اللهُ عَزَّ وَجَل»</div><p>(Order him to take her back and keep her until she is clean from her menses, and then to wait until she gets her next period and becomes clean again. Then, if he wishes to divorce her, he can divorce her when she is clean from her menses, before he has sexual intercourse with her. This is the `Iddah which Allah the Exalted and Most Honored has fixed.) Al-Bukhari recorded this Hadith in several parts of his Sahih. Muslim collected this Hadith and his narration uses these words,</p><div class="text_uthmani arabic">«فَتِلْكَ الْعِدَّةُ الَّتِي أَمَرَ اللهُ أَنْ يُطَلَّقَ لَهَا النِّسَاء»</div><p>(This is the `Iddah which Allah has fixed for the women being divorced.) In his Sahih, Muslim has recorded a Hadith which is a more appropriate version from a narration of Ibn Jurayj who said that Abu Az-Zubayr informed him that he heard `Abdur-Rahman bin Ayman, the freed slave of `Azzah, questioning `Abdullah bin `Umar. And Abu Az-Zubayr heard the question, "What about a man who divorces his wife while she is still on her menses" `Abdullah answered, "During the time of Allah's Messenger , `Abdullah bin `Umar divorced his wife who was menstruating in the life time of Allah's Messenger . So Allah's Messenger said:</p><div class="text_uthmani arabic">«لِيُرَاجِعْهَا»</div><p>(Let him take her back.) so she returned and he said:</p><div class="text_uthmani arabic">«إِذَا طَهُرَتْ فَلْيُطَلِّقْ أَوْ يُمْسِك»</div><p>(When she is pure, then either divorce or keep her.) `Abdullah bin `Umar said, "Allah's Messenger recited this Ayah: (ياأَيُّها النَّبِيُّ إِذا طَلَّقْتُمُ النِّساءَ فَطَلِّقُوهُنَّ فِي قُبُلِ عِدَّتِهِنَّ) (O Prophet! When you divorce women, divorce them at their `Iddah) And `Abdullah (Ibn Mas`ud) commented on Allah's statement,</p><div class="text_uthmani arabic">فَطَلِّقُوهُنَّ لِعِدَّتِهِنَّ</div><p>(divorce them at their `Iddah) He said, "Purity without intercourse." Similar was reported from Ibn `Umar, `Ata', Mujahid, Al-Hasan, Ibn Sirin, Qatadah, Maymun bin Mihran and Muqatil bin Hayyan. It is also reported from `Ikrimah and Ad-Dahhak.`Ali bin Abi Talhah reported from Ibn `Abbas about the Ayah;</p><div class="text_uthmani arabic">فَطَلِّقُوهُنَّ لِعِدَّتِهِنَّ</div><p>(divorce them at their `Iddah), "He does not divorce her while she is on her menses nor while she is pure if he has had intercourse during that (purity). Rather, he leaves her until she has her menses and after the menses ends, then he divorces her once." And `Ikrimah said about</p><div class="text_uthmani arabic">فَطَلِّقُوهُنَّ لِعِدَّتِهِنَّ</div><p>(divorce them at their `Iddah), "The `Iddah is made up of clean- liness and the menstrual period." So he divorces her while it is clear that she is pregnant, or he does not due to having sex, or since he does not know if she is pregnant or not. This is why the scholars said that there are two types of divorce, one that conforms to the Sunnah and another innovated. The divorce that conforms to the Sunnah is one where the husband pronounces one divorce to his wife when she is not having her menses and without having had sexual intercourse with her after the menses ended. One could divorce his wife when it is clear that she is pregnant. As for the innovated divorce, it occurs when one divorces his wife when she is having her menses, or after the menses ends, has sexual intercourse with her and then divorces her, even though he does not know if she became pregnant or not. There is a third type of divorce, which is neither a Sunnah nor an innovation where one divorces a young wife who has not begun to have menses, the wife who is beyond the age of having menses, and divorcing one's wife before the marriage was consummated. Allah said,</p><div class="text_uthmani arabic">وَأَحْصُواْ الْعِدَّةَ</div><p>(and count their `Iddah.) meaning, count for it and know its beginning and end, so that the `Iddah does not become prolonged for the woman and she cannot get married again,</p><div class="text_uthmani arabic">وَاتَّقُواْ اللَّهَ رَبَّكُمْ</div><p>(And have Taqwa of Allah, your Lord.) in this matter.</p><h2 class="title">Spending and Housing is up to the Husband during the Revocable `Iddah Period</h2><p>Allah said,</p><div class="text_uthmani arabic">لاَ تُخْرِجُوهُنَّ مِن بُيُوتِهِنَّ وَلاَ يَخْرُجْنَ</div><p>(And turn them not out of their homes nor shall they leave,) meaning, during the duration of the `Iddah, she has the right to housing from her husband, as long as the `Iddah period continues. Therefore, the husband does not have the right to force her out of her house, nor is she allowed to leave his house, because she is still tied to the marriage contract. Allah said,</p><div class="text_uthmani arabic">إِلاَّ أَن يَأْتِينَ بِفَاحِشَةٍ مُّبَيِّنَةٍ</div><p>(except in case they are guilty of Fahishah Mubayyinah.) meaning that the divorced wife is not to abandon her husband's house unless she commits Fahishah Mubayyinah, in which case, she vacates her husband's house. For example, Fahishah Mubayyinah implies adultery, according to `Abdullah bin Mas`ud, Ibn `Abbas, Sa`id bin Al-Musayyib, Ash-Sha`bi, Al-Hasan, Ibn Sirin, Mujahid, `Ikrimah, Sa`id bin Jubayr, Abu Qilabah, Abu Salih, Ad-Dahhak, Zayd bin Aslam, `Ata' Al-Khurasani, As-Suddi, Sa`id bin Hilal and others. Fahishah Mubayyinah implies disobeying her husband openly or when she abuses her husband's family in words and actions, according to Ubay bin Ka`b, Ibn `Abbas, `Ikrimah and others. Allah's statement,</p><div class="text_uthmani arabic">وَتِلْكَ حُدُودُ اللَّهِ</div><p>(And those are the set limits of Allah.) means, these are from His legislation and prohibitions,</p><div class="text_uthmani arabic">وَمَن يَتَعَدَّ حُدُودَ اللَّهِ</div><p>(And whosoever transgresses the set limits of Allah,) meaning, whoever violates these limits, transgresses them and implements anything else besides them,</p><div class="text_uthmani arabic">فَقَدْ ظَلَمَ نَفْسَهُ</div><p>(then indeed he has wronged himself.) by doing so.</p><h2 class="title">The Wisdom of `Iddah at the Husband's House</h2><p>Allah said,</p><div class="text_uthmani arabic">لاَ تَدْرِى لَعَلَّ اللَّهَ يُحْدِثُ بَعْدَ ذَلِكَ أَمْراً</div><p>(You know not, it may be that Allah will afterward bring some new thing to pass.) meaning, `We commanded that the divorced wife remains in her husband's house during the `Iddah period, so that the husband might regret his action and Allah decides that the husband feels in his heart for the marriage to continue.' This way, returning to his wife will be easier for him. Az-Zuhri said that `Ubaydullah bin `Abdullah said that Fatimah bint Qays said about Allah's statement,</p><div class="text_uthmani arabic">لاَ تَدْرِى لَعَلَّ اللَّهَ يُحْدِثُ بَعْدَ ذَلِكَ أَمْراً</div><p>(You know not, it may be that Allah will afterward bring some new thing to pass.) "Taking her back." Similar was said by Ash-Sha`bi, `Ata', Qatadah, Ad-Dahhak, Muqatil bin Hayyan and Ath-Thawri.</p><h2 class="title">The Irrevocably Divorced Woman does not have a Right to Provisions and Accommodations from the Husba</h2><p>Here the view of the scholars of the Salaf and those who follow them is that housing is not obligatory in the case of the irrevocably divorced woman. They also relied on the Hadith of Fatimah bint Qays Al-Fihriyah when her husband Abu `Amr bin Hafs divorced her the third and final time. He was away from her in Yemen at the time, and he sent her his decision to divorce her. He also sent some barley with his messenger, but she did not like the amount or method of compensation. He said, "By Allah I am not obligated to spend upon you." So, she went to Allah's Messenger , who said,</p><div class="text_uthmani arabic">«لَيْسَ لَكِ عَلَيْهِ نَفَقَة»</div><p>(There is no obligation on him to spend on you.) Muslim added in his narration,</p><div class="text_uthmani arabic">«وَلَا سُكْنَى»</div><p>(nor housing.) And he ordered her to finish her `Iddah period in the house of Umm Sharik. He then said,</p><div class="text_uthmani arabic">«تِلْكَ امْرَأَةٌ يَغْشَاهَا أَصْحَابِي، اعْتَدِّي عِنْدَ ابْنِ أُمِّ مَكْتُومٍ، فَإِنَّهُ رَجُلٌ أَعْمَى تَضَعِينَ ثِيَابَك»</div><p>(She is a woman my Companions visit. Spend this period in the house of Ibn Umm Maktum, for he is a blind man; he cannot see you if you take off your garments.) Imam Ahmad collected this Hadith using another chain of narration. In his narration, the Messenger of Allah said,</p><div class="text_uthmani arabic">«انْظُرِي يَا بِنْتَ آلِ قَيْسٍ إِنَّمَا النَّفَقَةُ وَالسُّكْنَى لِلْمَرْأَةِ عَلَى زَوْجِهَا، مَا كَانَتْ لَهُ عَلَيْهَا رَجْعَةٌ، فَإِذَا لَمْ يَكُنْ لَهُ عَلَيْهَا رَجْعَةٌ فَلَا نَفَقَةَ وَلَا سُكْنَى،اخْرُجِي فَانْزِلِي عَلَى فُلَانَة»</div><p>(Look O daughter of the family of Qays! Spending and housing are required from the husband who can return to his wife. So if he does not have the right to return to her, then she does not have the right to spending and housing. So leave his house and go to so-and-so woman.) He then said,</p><div class="text_uthmani arabic">«إِنَّهُ يُتَحَدَّثُ إِلَيْهَا، انْزِلِي عَلَى ابْنِ أُمِّ مَكْتُومٍ فَإِنَّهُ أَعْمَى لَا يَرَاك»</div><p>(They speak to her. Therefore, go to Ibn Umm Maktum, for he is a blind man and cannot see you.) Abu Al-Qasim At-Tabarani recorded that `Amir Ash-Sha`bi went to Fatimah bint Qays, sister of Ad-Dahhak bin Qays, from the tribe of Quraysh. Fatimah was married to Abu `Amr bin Hafs bin Al-Mughirah, from Bani Makhzum. She said, "Abu `Amr bin Hafs sent me his decision to divorce me while he was in an army that had gone to Yemen. I asked his friends to provide me with financial provisions and housing. They said, `He did not send us anything for that, nor did he request it from us.' I went to Allah's Messenger and said to him, `O Allah's Messenger! Abu `Amr bin Hafs divorced me, and I asked his friends to provide me with spending and housing and they said that he did not send them anything for that.' Allah's Messenger said,</p><div class="text_uthmani arabic">«إِنَّمَا السُّكْنَى وَالنَّفَقَةُ لِلْمَرْأَةِ إِذَا كَانَ لِزَوْجِهَا عَلَيْهَا رَجْعَةٌ، فَإِذَا كَانَتْ لَا تَحِلُّ لَهُ حَتْى تَنْكِحَ زَوْجًا غَيْرَهُ:فَلَا نَفَقَةَ لَهَا وَلَا سُكْنَى»</div><p>(Spending and housing are required from the husband for his divorced wife if he can return to her. If she is not permitted for him anymore, until she marries another husband, then he does not have to provide her with spending and housing.)" An-Nasa'i also recorded this narration.</p>
Which was revealed in Al-Madinahبِسْمِ اللَّهِ الرَّحْمَـنِ الرَّحِيمِ (In the Name of Allah, the Most Gracious, the Most Merciful.There is a Period during which Divorced Women remain in Their HomesThe Prophet was addressed first in this Ayah, to honor him, even though his Ummah is also being addressed in Allah's statement,يأيُّهَا النَّبِىُّ إِذَا طَلَّقْتُمُ النِّسَآءَ فَطَلِّقُوهُنَّ لِعِدَّتِهِنَّ(O Prophet! When you divorce women, divorce them at their `Iddah) Al-Bukhari recorded that `Abdullah bin `Umar divorced his wife, during the lifetime of Allah's Messenger , while she was menstruating. `Umar bin Al-Khattab mentioned that to Allah's Messenger . Allah's Messenger became angry and said,«لِيُرَاجِعْهَا ثُمَّ يُمْسِكْهَا حَتْى تَطْهُرَ، ثُمَّ تَحِيضَ فَتَطْهُرَ، فَإِنْ بَدَا لَهُ أَنْ يُطَلِّقَهَا، فَلْيُطَلِّقْهَا طَاهِرًا قَبْلَ أَنْ يَمَسَّهَا، فَتِلْكَ الْعِدَّةُ الَّتِي أَمَرَ بِهَا اللهُ عَزَّ وَجَل»(Order him to take her back and keep her until she is clean from her menses, and then to wait until she gets her next period and becomes clean again. Then, if he wishes to divorce her, he can divorce her when she is clean from her menses, before he has sexual intercourse with her. This is the `Iddah which Allah the Exalted and Most Honored has fixed.) Al-Bukhari recorded this Hadith in several parts of his Sahih. Muslim collected this Hadith and his narration uses these words,«فَتِلْكَ الْعِدَّةُ الَّتِي أَمَرَ اللهُ أَنْ يُطَلَّقَ لَهَا النِّسَاء»(This is the `Iddah which Allah has fixed for the women being divorced.) In his Sahih, Muslim has recorded a Hadith which is a more appropriate version from a narration of Ibn Jurayj who said that Abu Az-Zubayr informed him that he heard `Abdur-Rahman bin Ayman, the freed slave of `Azzah, questioning `Abdullah bin `Umar. And Abu Az-Zubayr heard the question, "What about a man who divorces his wife while she is still on her menses" `Abdullah answered, "During the time of Allah's Messenger , `Abdullah bin `Umar divorced his wife who was menstruating in the life time of Allah's Messenger . So Allah's Messenger said:«لِيُرَاجِعْهَا»(Let him take her back.) so she returned and he said:«إِذَا طَهُرَتْ فَلْيُطَلِّقْ أَوْ يُمْسِك»(When she is pure, then either divorce or keep her.) `Abdullah bin `Umar said, "Allah's Messenger recited this Ayah: (ياأَيُّها النَّبِيُّ إِذا طَلَّقْتُمُ النِّساءَ فَطَلِّقُوهُنَّ فِي قُبُلِ عِدَّتِهِنَّ) (O Prophet! When you divorce women, divorce them at their `Iddah) And `Abdullah (Ibn Mas`ud) commented on Allah's statement,فَطَلِّقُوهُنَّ لِعِدَّتِهِنَّ(divorce them at their `Iddah) He said, "Purity without intercourse." Similar was reported from Ibn `Umar, `Ata', Mujahid, Al-Hasan, Ibn Sirin, Qatadah, Maymun bin Mihran and Muqatil bin Hayyan. It is also reported from `Ikrimah and Ad-Dahhak.`Ali bin Abi Talhah reported from Ibn `Abbas about the Ayah;فَطَلِّقُوهُنَّ لِعِدَّتِهِنَّ(divorce them at their `Iddah), "He does not divorce her while she is on her menses nor while she is pure if he has had intercourse during that (purity). Rather, he leaves her until she has her menses and after the menses ends, then he divorces her once." And `Ikrimah said aboutفَطَلِّقُوهُنَّ لِعِدَّتِهِنَّ(divorce them at their `Iddah), "The `Iddah is made up of clean- liness and the menstrual period." So he divorces her while it is clear that she is pregnant, or he does not due to having sex, or since he does not know if she is pregnant or not. This is why the scholars said that there are two types of divorce, one that conforms to the Sunnah and another innovated. The divorce that conforms to the Sunnah is one where the husband pronounces one divorce to his wife when she is not having her menses and without having had sexual intercourse with her after the menses ended. One could divorce his wife when it is clear that she is pregnant. As for the innovated divorce, it occurs when one divorces his wife when she is having her menses, or after the menses ends, has sexual intercourse with her and then divorces her, even though he does not know if she became pregnant or not. There is a third type of divorce, which is neither a Sunnah nor an innovation where one divorces a young wife who has not begun to have menses, the wife who is beyond the age of having menses, and divorcing one's wife before the marriage was consummated. Allah said,وَأَحْصُواْ الْعِدَّةَ(and count their `Iddah.) meaning, count for it and know its beginning and end, so that the `Iddah does not become prolonged for the woman and she cannot get married again,وَاتَّقُواْ اللَّهَ رَبَّكُمْ(And have Taqwa of Allah, your Lord.) in this matter.Spending and Housing is up to the Husband during the Revocable `Iddah PeriodAllah said,لاَ تُخْرِجُوهُنَّ مِن بُيُوتِهِنَّ وَلاَ يَخْرُجْنَ(And turn them not out of their homes nor shall they leave,) meaning, during the duration of the `Iddah, she has the right to housing from her husband, as long as the `Iddah period continues. Therefore, the husband does not have the right to force her out of her house, nor is she allowed to leave his house, because she is still tied to the marriage contract. Allah said,إِلاَّ أَن يَأْتِينَ بِفَاحِشَةٍ مُّبَيِّنَةٍ(except in case they are guilty of Fahishah Mubayyinah.) meaning that the divorced wife is not to abandon her husband's house unless she commits Fahishah Mubayyinah, in which case, she vacates her husband's house. For example, Fahishah Mubayyinah implies adultery, according to `Abdullah bin Mas`ud, Ibn `Abbas, Sa`id bin Al-Musayyib, Ash-Sha`bi, Al-Hasan, Ibn Sirin, Mujahid, `Ikrimah, Sa`id bin Jubayr, Abu Qilabah, Abu Salih, Ad-Dahhak, Zayd bin Aslam, `Ata' Al-Khurasani, As-Suddi, Sa`id bin Hilal and others. Fahishah Mubayyinah implies disobeying her husband openly or when she abuses her husband's family in words and actions, according to Ubay bin Ka`b, Ibn `Abbas, `Ikrimah and others. Allah's statement,وَتِلْكَ حُدُودُ اللَّهِ(And those are the set limits of Allah.) means, these are from His legislation and prohibitions,وَمَن يَتَعَدَّ حُدُودَ اللَّهِ(And whosoever transgresses the set limits of Allah,) meaning, whoever violates these limits, transgresses them and implements anything else besides them,فَقَدْ ظَلَمَ نَفْسَهُ(then indeed he has wronged himself.) by doing so.The Wisdom of `Iddah at the Husband's HouseAllah said,لاَ تَدْرِى لَعَلَّ اللَّهَ يُحْدِثُ بَعْدَ ذَلِكَ أَمْراً(You know not, it may be that Allah will afterward bring some new thing to pass.) meaning, `We commanded that the divorced wife remains in her husband's house during the `Iddah period, so that the husband might regret his action and Allah decides that the husband feels in his heart for the marriage to continue.' This way, returning to his wife will be easier for him. Az-Zuhri said that `Ubaydullah bin `Abdullah said that Fatimah bint Qays said about Allah's statement,لاَ تَدْرِى لَعَلَّ اللَّهَ يُحْدِثُ بَعْدَ ذَلِكَ أَمْراً(You know not, it may be that Allah will afterward bring some new thing to pass.) "Taking her back." Similar was said by Ash-Sha`bi, `Ata', Qatadah, Ad-Dahhak, Muqatil bin Hayyan and Ath-Thawri.The Irrevocably Divorced Woman does not have a Right to Provisions and Accommodations from the HusbaHere the view of the scholars of the Salaf and those who follow them is that housing is not obligatory in the case of the irrevocably divorced woman. They also relied on the Hadith of Fatimah bint Qays Al-Fihriyah when her husband Abu `Amr bin Hafs divorced her the third and final time. He was away from her in Yemen at the time, and he sent her his decision to divorce her. He also sent some barley with his messenger, but she did not like the amount or method of compensation. He said, "By Allah I am not obligated to spend upon you." So, she went to Allah's Messenger , who said,«لَيْسَ لَكِ عَلَيْهِ نَفَقَة»(There is no obligation on him to spend on you.) Muslim added in his narration,«وَلَا سُكْنَى»(nor housing.) And he ordered her to finish her `Iddah period in the house of Umm Sharik. He then said,«تِلْكَ امْرَأَةٌ يَغْشَاهَا أَصْحَابِي، اعْتَدِّي عِنْدَ ابْنِ أُمِّ مَكْتُومٍ، فَإِنَّهُ رَجُلٌ أَعْمَى تَضَعِينَ ثِيَابَك»(She is a woman my Companions visit. Spend this period in the house of Ibn Umm Maktum, for he is a blind man; he cannot see you if you take off your garments.) Imam Ahmad collected this Hadith using another chain of narration. In his narration, the Messenger of Allah said,«انْظُرِي يَا بِنْتَ آلِ قَيْسٍ إِنَّمَا النَّفَقَةُ وَالسُّكْنَى لِلْمَرْأَةِ عَلَى زَوْجِهَا، مَا كَانَتْ لَهُ عَلَيْهَا رَجْعَةٌ، فَإِذَا لَمْ يَكُنْ لَهُ عَلَيْهَا رَجْعَةٌ فَلَا نَفَقَةَ وَلَا سُكْنَى،اخْرُجِي فَانْزِلِي عَلَى فُلَانَة»(Look O daughter of the family of Qays! Spending and housing are required from the husband who can return to his wife. So if he does not have the right to return to her, then she does not have the right to spending and housing. So leave his house and go to so-and-so woman.) He then said,«إِنَّهُ يُتَحَدَّثُ إِلَيْهَا، انْزِلِي عَلَى ابْنِ أُمِّ مَكْتُومٍ فَإِنَّهُ أَعْمَى لَا يَرَاك»(They speak to her. Therefore, go to Ibn Umm Maktum, for he is a blind man and cannot see you.) Abu Al-Qasim At-Tabarani recorded that `Amir Ash-Sha`bi went to Fatimah bint Qays, sister of Ad-Dahhak bin Qays, from the tribe of Quraysh. Fatimah was married to Abu `Amr bin Hafs bin Al-Mughirah, from Bani Makhzum. She said, "Abu `Amr bin Hafs sent me his decision to divorce me while he was in an army that had gone to Yemen. I asked his friends to provide me with financial provisions and housing. They said, `He did not send us anything for that, nor did he request it from us.' I went to Allah's Messenger and said to him, `O Allah's Messenger! Abu `Amr bin Hafs divorced me, and I asked his friends to provide me with spending and housing and they said that he did not send them anything for that.' Allah's Messenger said,«إِنَّمَا السُّكْنَى وَالنَّفَقَةُ لِلْمَرْأَةِ إِذَا كَانَ لِزَوْجِهَا عَلَيْهَا رَجْعَةٌ، فَإِذَا كَانَتْ لَا تَحِلُّ لَهُ حَتْى تَنْكِحَ زَوْجًا غَيْرَهُ:فَلَا نَفَقَةَ لَهَا وَلَا سُكْنَى»(Spending and housing are required from the husband for his divorced wife if he can return to her. If she is not permitted for him anymore, until she marries another husband, then he does not have to provide her with spending and housing.)" An-Nasa'i also recorded this narration.