When you have divorced your wives, and they have reached the end of the period of waiting, then keep them honourably (by revoking the divorce), or let them go with honour, and do not detain them with the intent of harassing lest you should transgress. He who does so will wrong himself. Do not mock the decrees of God, and remember the favours God has bestowed on you, and revealed to you the Book and the Law to warn you of the consequences of doing wrong. Have fear of God, and remember, God is cognisant of everything.
And when you have divorced women, and their term reaches its end, either retain them on good terms within this period or release them with kindness; and do not retain them in order to hurt them, hence transgressing the limits; and he who does so harms only himself; and do not make the signs of Allah the objects of ridicule; and remember Allah’s favour that is bestowed upon you and that He has sent down to you the Book and wisdom, for your guidance; keep fearing Allah and know well that Allah knows everything. (The traditions of the Holy Prophet – sunnah and hadith – are called wisdom.)
When you divorce women, and they have reached their term, then retain them honourably or set them free honourably; do not retain them by force, to transgress; whoever does that has wronged himself. Take not God's signs in mockery, and remember God's blessing upon you, and the Book and the Wisdom He has sent down on you, to admonish you. And fear God, and know that God has knowledge of everything.
And so, when you divorce women and they are about to reach the end of their waiting-term, then either retain them in a fair manner or let them go in a fair manner. But do not retain them against their will in order to hurt [them]: for he who does so sins indeed against himself. And do not take [these] messages of God in a frivolous spirit; and remember the blessings with which God has graced you, and all the revelation and the wisdom which He has bestowed on you from on high in order to admonish you thereby; and remain conscious of God, and know that God has full knowledge of everything.
And when ye have divorced your women, and they have attained their period, then either retain them reputably or let them off kindly; and retain them not to their hurt that ye may trespass; and whosoever doth this assuredly wrongeth his soul. And hold not Allah's commandments in mockery and remember Allah's favour upon you, and that he hath sent down unto you the Book and the wisdom wherewith He exhorted you; and fear Allah, and know that verily Allah is of everything the Knower
And when you have divorced women and they have fulfilled the term of their prescribed period, either take them back on reasonable basis or set them free on reasonable basis. But do not take them back to hurt them, and whoever does that, then he has wronged himself. And treat not the Verses (Laws) of Allah as a jest, but remember Allah's Favours on you (i.e. Islam), and that which He has sent down to you of the Book (i.e. the Quran) and Al-Hikmah (the Prophet's Sunnah - legal ways - Islamic jurisprudence, etc.) whereby He instructs you. And fear Allah, and know that Allah is All-Aware of everything.
When you divorce women, and they have reached their term, either retain them amicably, or release them amicably. But do not retain them to hurt them and commit aggression. Whoever does that has wronged himself. And do not take God’s revelations for a joke. And remember God's favor to you, and that He revealed to you the Scripture and Wisdom to teach you. And fear God, and know that God is aware of everything.
And when you have divorced your wives and they are about to complete their prescribed term, then either retain them gracefully or release them generously. It is transgression to retain them merely for harassment; and whoever' does that indeed wrongs his own self. Do not play with Allah's Commandments, and remember that Allah has blessed you with a great favour. He admonishes you to show due respect to the Book and the Wisdom He has sent to you. Fear Allah and know that He is fully aware of everything.
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. But do not take them back to hurt them, and whoever does that, then he has wronged himself. And treat not the verses (Laws) of Allah in jest, but remember Allah's favors on you (i.e., Islam), and that which He has sent down to you of the Book (i.e., the Qur'an) and Al-Hikmah (the Prophet's Sunnah ـ legal ways ـ Islamic jurisprudence) whereby He instructs you. And fear Allah, and know that Allah is All-Aware of everything.
When ye have divorced women, and they have reached their term, then retain them in kindness or release them in kindness. Retain them not to their hurt so that ye transgress (the limits). He who doeth that hath wronged his soul. Make not the revelations of Allah a laughing-stock (by your behaviour), but remember Allah's grace upon you and that which He hath revealed unto you of the Scripture and of wisdom, whereby He doth exhort you. Observe your duty to Allah and know that Allah is Aware of all things.
When you divorce women and they complete their term [of waiting], then either retain them honourably or release them honourably, and do not retain them maliciously in order that you may transgress; and whoever does that certainly wrongs himself. Do not take the signs of Allah in derision, and remember Allah’s blessing upon you, and what He has sent down to you of the Book and wisdom, to advise you therewith. Be wary of Allah and know that Allah has knowledge of all things.
When you have divorced women and they have reached the end of their waiting period, either keep them in kindness or let them go with kindness. But you shall not keep them, being harmful, in order to transgress. Whoever does this wrongs himself. Do not take the verses of Allah in mockery. Remember the favor of Allah upon you, and what He sent down to you from the Book and Wisdom to exhort you. Fear Allah and know that He has knowledge of everything.
And when you divorce women and they have [nearly] fulfilled their term, either retain them according to acceptable terms or release them according to acceptable terms, and do not keep them, intending harm, to transgress [against them]. And whoever does that has certainly wronged himself. And do not take the verses of Allah in jest. And remember the favor of Allah upon you and what has been revealed to you of the Book and wisdom by which He instructs you. And fear Allah and know that Allah is Knowing of all things.
When you divorce your wives and their waiting period has almost ended, you may resume marital relations with honor or leave them with kindness. Do not force them to live with you in suffering to satisfy your hostility. Whoever commits such transgressions, he has only harmed himself. Do not make jest of God's words. Remember the favors that God has done to you and the Book and wisdom He has revealed for your guidance. Have fear of God and know that God has knowledge of all things.
And when you divorce women and they reach their prescribed time, then either retain them in good fellowship or set them free with liberality, and do not retain them for injury, so that you exceed the limits, and whoever does this, he indeed is unjust to his own soul; and do not take Allah's communications for a mockery, and remember the favor of Allah upon you, and that which He has revealed to you of the Book and the Wisdom, admonishing you thereby; and be careful (of your duty to) Allah, and know that Allah is the Knower of all things.
Wai<u>tha</u> <u>t</u>allaqtumu a<b>l</b>nnis<u>a</u>a fabalaghna ajalahunna faamsikoohunna bimaAAroofin aw sarri<u>h</u>oohunna bimaAAroofin wal<u>a</u> tumsikoohunna <u>d</u>ir<u>a</u>ran litaAAtadoo waman yafAAal <u>tha</u>lika faqad <i><u>th</u></i>alama nafsahu wal<u>a</u> tattakhi<u>th</u>oo <u>a</u>y<u>a</u>ti All<u>a</u>hi huzuwan wa<b>o</b><u>th</u>kuroo niAAmata All<u>a</u>hi AAalaykum wam<u>a</u> anzala AAalaykum mina alkit<u>a</u>bi wa<b>a</b>l<u>h</u>ikmati yaAAi<i><u>th</u></i>ukum bihi wa<b>i</b>ttaqoo All<u>a</u>ha wa<b>i</b>AAlamoo anna All<u>a</u>ha bikulli shayin AAaleem<b>un</b>
Once you divorce women, and they have reached the end of their waiting period, then either retain them in all decency or part from them decently. Do not retain them in order to harm them or to wrong them. Whoever does this, wrongs his own soul. Do not make a mockery of God's revelations. Remember the favours God has bestowed upon you, and the Book and the wisdom He has revealed to exhort you. Fear God and know that God is aware of everything.
When ye divorce women, and they fulfil the term of their ('Iddat), either take them back on equitable terms or set them free on equitable terms; but do not take them back to injure them, (or) to take undue advantage; if any one does that; He wrongs his own soul. Do not treat Allah's Signs as a jest, but solemnly rehearse Allah's favours on you, and the fact that He sent down to you the Book and Wisdom, for your instruction. And fear Allah, and know that Allah is well acquainted with all things.
وَإِذَا طَلَّقْتُمُ ٱلنِّسَآءَ فَبَلَغْنَ أَجَلَهُنَّ فَأَمْسِكُوهُنَّ بِمَعْرُوفٍ أَوْ سَرِّحُوهُنَّ بِمَعْرُوفٍ وَلَا تُمْسِكُوهُنَّ ضِرَارًا لِّتَعْتَدُوا۟ وَمَن يَفْعَلْ ذَٰلِكَ فَقَدْ ظَلَمَ نَفْسَهُۥ وَلَا تَتَّخِذُوٓا۟ ءَايَٰتِ ٱللَّهِ هُزُوًا وَٱذْكُرُوا۟ نِعْمَتَ ٱللَّهِ عَلَيْكُمْ وَمَآ أَنزَلَ عَلَيْكُم مِّنَ ٱلْكِتَٰبِ وَٱلْحِكْمَةِ يَعِظُكُم بِهِۦ وَٱتَّقُوا۟ ٱللَّهَ وَٱعْلَمُوٓا۟ أَنَّ ٱللَّهَ بِكُلِّ شَىْءٍ عَلِيمٌ
When you divorce women and they approach the end of their waiting period, you have the right to take them back or to leave them in a good way until their waiting period is over. Do not take them back in order to oppress and harm them, as was the practice in the period before Islam. Whoever acts with the aim of causing harm to them has wronged himself by exposing himself to sin and punishment. Do not make Allah’s words the object of mockery and play. Remember Allah’s favours on you: most importantly, the revelation you have received in the form of the Qur’ān and Sunnah, through which He reminds you to encourage and warn you. Fear Allah by fulfilling His instructions and avoiding His prohibitions. Know that Allah knows everything and that nothing is hidden from Him. He will reward you for your actions.
When you divorce women and they approach the end of their waiting period, you have the right to take them back or to leave them in a good way until their waiting period is over. Do not take them back in order to oppress and harm them, as was the practice in the period before Islam. Whoever acts with the aim of causing harm to them has wronged himself by exposing himself to sin and punishment. Do not make Allah’s words the object of mockery and play. Remember Allah’s favours on you: most importantly, the revelation you have received in the form of the Qur’ān and Sunnah, through which He reminds you to encourage and warn you. Fear Allah by fulfilling His instructions and avoiding His prohibitions. Know that Allah knows everything and that nothing is hidden from Him. He will reward you for your actions.
<p>Commentary:</p><p>In the previous two verses, it will be recalled, important rules of the law of talaq (divorce) were given. Also delineated there was the just and moderate system of divorce in Islam. Now some other relevant injunctions and rulings have been mentioned in the verses under discussion (231 - 232).</p><p>Special instructions for revocation of divorce</p><p>or annulment of marriage</p><p>The first rule given in the first verse is: When women divorced revocably reach near the completion of their ` iddah (waiting period), the husband has two choices; either he may revoke his divorce and let her continue to be married to him or he may not revoke his divorce, discontinue the nikah relationship and release her totally.</p><p>But along with both these choices, the noble Qur'an places a restriction which requires that a wife, if retained, must be retained in accordance with a manner well-recognized and should it come to a parting of ways, even then, the parting should be in accordance with the rule as approved by the Shari'ah. Here, the word (in fairness), which appears separately at both the places, suggests that there are some conditions and rules governing the choice of retaining, similarly as there are, in the choice of releasing. When choice is made from either of the two options, it must be done in accordance with the method prescribed by the Shari` ah and not under the heat of spot anger or sentiments. Some of these rules of Islamic law appear in the Qur'an itself. Rest of the details have been given by the Holy Prophet ﷺ</p><p>For instance, should the thought of ugly consequences of separation after the incident of divorce produce a change of heart in favour of revoking it and keeping the marriage intact, then the Shari'ah has a method. It stipulates that the purpose in doing so should be to wash out past anger and displeasure and resolve to live anew in good family relationship with intention to give her the due rights. The purpose should not be to hold the woman in captivity or to harass and torture her. Therefore, the following words were said in the verse under reference: وَلَا تُمْسِكُوهُنَّ ضِرَ‌ارً‌ا لِّتَعْتَدُوا ، that is, 'do not retain them with intent to harm them unjustly'.</p><p>The other method of rajah (revocation) has been mentioned in</p><p>Surah Al-Talaq:</p><p>وَأَشْهِدُوا ذَوَيْ عَدْلٍ مِّنكُمْ وَأَقِيمُوا الشَّهَادَةَ لِلَّـهِ</p><p>And let two trustworthy persons from amongst you be witnesses; then, let witness be given if needed, precisely for the sake of Allah, (without fear or favour). (65:2)</p><p>It means that anyone intending to take his wife back by raj'a راجع (revocation) should invite two trustworthy Muslims to act as witnesses. Out of the many advantages it has, one is the possible use of these witnesses in case there is a legal claim against raj’ a راجع filed by the woman.</p><p>Moreover, if the rule of having witnesses on raj’ a راجع is not observed there is a possibility that someone, out of selfishness or Satanic instigation, comes up with a claim, even after the ` iddah has expired, that he had already done his raj’ a راجع (revocation) before the expiry of ` iddah (waiting period).</p><p>In Order to eradicate these evils, the Holy Qur'an has directed that the act of revocation should have two trustworthy witnesses.</p><p>Looking at the other side of the matter, it is also possible that hearts remain heavy and anger does not go away even after the long span of ` iddah which has given them sufficient time for thinking. So, a termination of relationship may seem to be the choice, in which case the danger of hostile emotions flaring up is acute, which again may become contagious -- starting from two persons, it could envelope two families and could become, for both, a danger for both this world and the Hereafter. To offset this danger, it was briefly said: أَوْ سَرِّ‌حُوهُنَّ بِمَعْرُ‌وفٍ ‘Or release them in fairness,' that is, if you have to leave or free a wife and sever your relationship with her, that too, must be done in accordance with the recognised method. Some details of this method are given in the noble Qur'an itself; rest of the details stand proved through what the Holy Prophet ﷺ said and did.</p><p>For instance, in the preceding verse, it was said: وَلَا يَحِلُّ لَكُمْ أَن تَأْخُذُوا مِمَّا آتَيْتُمُوهُنَّ شَيْئًا that is, do not take back (without a valid ground admitted by the Islamic Law) that which you have already given to the woman as mahr (dower), in return for the divorce, or go about demanding some other compensation.</p><p>Then, in the following verse, it was said: وَلِلْمُطَلَّقَاتِ مَتَاعٌ بِالْمَعْرُ‌وفِ ۖ حَقًّا عَلَى الْمُتَّقِينَ ﴿241﴾, that is, 'for all divorced women, there is some benefit as recognized rightly due on those who fear Allah'. The explanation of: مَتَاعٌ mata` or compensatory benefit to be given to a divorced wife is that she should be given some present or cash or a set of clothing at the least. Thus the fulfillment of some rights of the divorced wife has been made mandatory for the divorcing husband while the fulfillment of some others has been assigned to him in the form of kind treatment and good conduct. This is a chaste lesson in high morals and social manners which points to the fact that, just as the marriage was a transaction and mutual contract, the divorce is the termination of a transaction. There is no reason why the termination of this transaction should be a hotbed of enmity and hostility. The final annulment of the transaction should also be done decently and compassionately, that is, following talaq, the divorced wife should be given some benefits.</p><p>The details of this 'benefit° are that he should allow her to stay in the family house during ` iddah, pay for her total sustenance, pay the full amount of mahr (dower) if still unpaid while intercourse has already occurred; and in case the incident of divorce has occurred before intercourse, then half of the dower should be paid in good cheer. All these are obligatory rights which have to be given to a divorced woman necessarily; however, it is not only desirable but excellent as well, if the divorced wife, on her parting day, goes with some cash or at the least, with a set of clothing as parting gift. Subhan Allah سبحان اللہ ، what a decent teaching it is -- all that customarily causes quarrels and fights and takes families to ruin has been so wisely transformed into everlasting goodwill and peace.</p><p>After all these injunctions, it was said: وَمَن يَفْعَلْ ذَٰلِكَ فَقَدْ ظَلَمَ نَفْسَهُ that is, anyone who acts against these divine commands will harm none but himself. It is obvious that Hereafter (the life to come) will be the place where every injustice and cruelty will be avenged in the sight of Allah and the oppressor is not going to move one step forward unless the oppressed is avenged.</p><p>If we ponder with discernment and hindsight, we shall discover that, if some oppressor gets away with his cruelty against the oppressed, the evil consequences of this act do disgrace him, more than often, right here in this world. He may or may not comprehend it, but fairly often, he is overtaken by misfortunes which make him taste at least some retribution of his oppression during his life of the mortal world. This is what Shaykh Sa'di, mercy be on him, said in a Persian couplet:</p><p>پیداشت ستمگر کہ جفا برما کرد</p><p>برگردنِ ---- بماند و برما بگزشت</p><p>The oppressor presumed that he had hit me. But his weapon boomeranged back into his neck while it sailed past me!</p><p>The noble Qur'an has an approach which is wise, and a style that is special, when it does not describe law in the manner penal laws of the world are described. It rather explains its injunctions in a sympathetic and persuasive manner, showing its wisdom and describing the series of losses man suffers while acting against it, which, if duly understood, will render one incapable of embarking on such crimes. So, behind every law there comes the reminder that man must fear Allah and that man should never forget his accountability in the Hereafter.</p><p>Do not make a marriage and divorce a plaything</p><p>The second rule presented in this verse is that the word of Allah should not be taken lightly as some amusement: وَلَا تَتَّخِذُوا آيَاتِ اللَّـهِ هُزُوًا ‘And do not take the verses of Allah in jest.' According to one explanation of the expression -- playing games with the verses of Allah or making a mockery of it -- means acting against Divine ordinances in matters of marriage and divorce. The second explanation reported from Sayyidna Abu al-Darda' ؓ is that some people during pre-Islam Arabia would give divorce or free a slave, then they would go back on their word and start saying that this was all in fun; talaq (divorce) or ` itaq (to free a slave) was not intended. Thereupon, this verse was revealed which gave the ruling that anyone going through divorce and marriage, even if it be playfully or jokingly, would find these enforced and the plea of 'having no intention' will not be accepted as valid.</p><p>The Holy Prophet ﷺ has said that there are three things in which acting seriously, or in jest, are both equal: One -- talaq (divorce); two - ` itaq (to free a slave); three -- nikah (marriage) (reported by Ibn Marduwayh from Ibn al-'Abbas and Ibn a1-Mundhir from ` Ubadah ibn al-Samit).</p><p>This hadith has been reported from Sayyidna Abu Hurayrah ؓ in the following words:</p><p>ثلاث جدھن جَد و ھزلھن جَد : النکاح و الطلاق والرجعۃ</p><p>It means that there are three things which take effect equally whether done seriously or jokingly. These are: The marriage, the divorce and the revocation of divorce. (Mazhari)</p><p>The Islamic law governing these three is: Should a man and a woman go through the process of offer and acceptance before witnesses, even if it be without any intention or just in jest, the marriage stands solemnized anyway. Similarly, if divorce is given in clear words, without any intention, or just in jest, divorce takes effect; or revocation, if done, becomes valid too. Similarly again, if a slave is playfully declared to be free, the slave becomes free. Jest or fun are not taken as valid excuses.</p><p>After stating this injunction, the noble Qur'an then educates man, in its unique style, how he should obey Allah Almighty and fear the consequences of the life to come (akhirah). It was said:</p><p>وَاذْكُرُ‌وا نِعْمَتَ اللَّـهِ عَلَيْكُمْ وَمَا أَنزَلَ عَلَيْكُم مِّنَ الْكِتَابِ وَالْحِكْمَةِ يَعِظُكُم بِهِ ۚ وَاتَّقُوا اللَّـهَ وَاعْلَمُوا أَنَّ اللَّـهَ بِكُلِّ شَيْءٍ عَلِيمٌ ﴿231﴾</p><p>That is, And remember the grace of Allah on you and what He has revealed to you of the Book and the wisdom giving you good counsel thereby. And fear Allah, and be sure that Allah is all-knowing in respect of everything'</p><p>It means: He knows the secrets hidden in your hearts, your intentions and your purposes. Therefore, when you have to release your wife from your marriage bond by giving divorce, you should do so with the intention of avoiding mutual disputes, loss of mutual rights and doing injustice, and not with the intention of releasing anger on your wife or disgracing or hurting her.</p><p>The basic rules of giving a divorce</p><p>The third rule identified in this verse is: Should a man be left with no other option but divorce, then the basic and true method in the view of Shari'ah and Sunnah is that he should give one revocable divorce in clear and unambiguous words so that the choice of taking the wife back remains open. Words that cause sudden severance of marriage relationship should not be spoken. This is known as al-talaq al-ba` in الطلاق الباین ، the divorce that cannot be revoked. In addition to this, reaching three talaqs must be avoided following which even fresh marriage between the couple becomes haram (unlawful). This point is indicated by the use of the universal and unqualified words in طَلَّقْتُمُ النِّسَاءَ (when you have divorced women), because the injunction contained in this verse covers only one or two revocable talaqs. It does not concern the irrevocable three talaqs; but the Holy Qur'an, by not mentioning any related qualification, has suggested that the real talaq (divorce) is none other than the revocable talaq as approved by the Shari'ah. Other forms are not devoid of repugnance or undesirability.</p>
Commentary:In the previous two verses, it will be recalled, important rules of the law of talaq (divorce) were given. Also delineated there was the just and moderate system of divorce in Islam. Now some other relevant injunctions and rulings have been mentioned in the verses under discussion (231 - 232).Special instructions for revocation of divorceor annulment of marriageThe first rule given in the first verse is: When women divorced revocably reach near the completion of their ` iddah (waiting period), the husband has two choices; either he may revoke his divorce and let her continue to be married to him or he may not revoke his divorce, discontinue the nikah relationship and release her totally.But along with both these choices, the noble Qur'an places a restriction which requires that a wife, if retained, must be retained in accordance with a manner well-recognized and should it come to a parting of ways, even then, the parting should be in accordance with the rule as approved by the Shari'ah. Here, the word (in fairness), which appears separately at both the places, suggests that there are some conditions and rules governing the choice of retaining, similarly as there are, in the choice of releasing. When choice is made from either of the two options, it must be done in accordance with the method prescribed by the Shari` ah and not under the heat of spot anger or sentiments. Some of these rules of Islamic law appear in the Qur'an itself. Rest of the details have been given by the Holy Prophet ﷺFor instance, should the thought of ugly consequences of separation after the incident of divorce produce a change of heart in favour of revoking it and keeping the marriage intact, then the Shari'ah has a method. It stipulates that the purpose in doing so should be to wash out past anger and displeasure and resolve to live anew in good family relationship with intention to give her the due rights. The purpose should not be to hold the woman in captivity or to harass and torture her. Therefore, the following words were said in the verse under reference: وَلَا تُمْسِكُوهُنَّ ضِرَ‌ارً‌ا لِّتَعْتَدُوا ، that is, 'do not retain them with intent to harm them unjustly'.The other method of rajah (revocation) has been mentioned inSurah Al-Talaq:وَأَشْهِدُوا ذَوَيْ عَدْلٍ مِّنكُمْ وَأَقِيمُوا الشَّهَادَةَ لِلَّـهِAnd let two trustworthy persons from amongst you be witnesses; then, let witness be given if needed, precisely for the sake of Allah, (without fear or favour). (65:2)It means that anyone intending to take his wife back by raj'a راجع (revocation) should invite two trustworthy Muslims to act as witnesses. Out of the many advantages it has, one is the possible use of these witnesses in case there is a legal claim against raj’ a راجع filed by the woman.Moreover, if the rule of having witnesses on raj’ a راجع is not observed there is a possibility that someone, out of selfishness or Satanic instigation, comes up with a claim, even after the ` iddah has expired, that he had already done his raj’ a راجع (revocation) before the expiry of ` iddah (waiting period).In Order to eradicate these evils, the Holy Qur'an has directed that the act of revocation should have two trustworthy witnesses.Looking at the other side of the matter, it is also possible that hearts remain heavy and anger does not go away even after the long span of ` iddah which has given them sufficient time for thinking. So, a termination of relationship may seem to be the choice, in which case the danger of hostile emotions flaring up is acute, which again may become contagious -- starting from two persons, it could envelope two families and could become, for both, a danger for both this world and the Hereafter. To offset this danger, it was briefly said: أَوْ سَرِّ‌حُوهُنَّ بِمَعْرُ‌وفٍ ‘Or release them in fairness,' that is, if you have to leave or free a wife and sever your relationship with her, that too, must be done in accordance with the recognised method. Some details of this method are given in the noble Qur'an itself; rest of the details stand proved through what the Holy Prophet ﷺ said and did.For instance, in the preceding verse, it was said: وَلَا يَحِلُّ لَكُمْ أَن تَأْخُذُوا مِمَّا آتَيْتُمُوهُنَّ شَيْئًا that is, do not take back (without a valid ground admitted by the Islamic Law) that which you have already given to the woman as mahr (dower), in return for the divorce, or go about demanding some other compensation.Then, in the following verse, it was said: وَلِلْمُطَلَّقَاتِ مَتَاعٌ بِالْمَعْرُ‌وفِ ۖ حَقًّا عَلَى الْمُتَّقِينَ ﴿241﴾, that is, 'for all divorced women, there is some benefit as recognized rightly due on those who fear Allah'. The explanation of: مَتَاعٌ mata` or compensatory benefit to be given to a divorced wife is that she should be given some present or cash or a set of clothing at the least. Thus the fulfillment of some rights of the divorced wife has been made mandatory for the divorcing husband while the fulfillment of some others has been assigned to him in the form of kind treatment and good conduct. This is a chaste lesson in high morals and social manners which points to the fact that, just as the marriage was a transaction and mutual contract, the divorce is the termination of a transaction. There is no reason why the termination of this transaction should be a hotbed of enmity and hostility. The final annulment of the transaction should also be done decently and compassionately, that is, following talaq, the divorced wife should be given some benefits.The details of this 'benefit° are that he should allow her to stay in the family house during ` iddah, pay for her total sustenance, pay the full amount of mahr (dower) if still unpaid while intercourse has already occurred; and in case the incident of divorce has occurred before intercourse, then half of the dower should be paid in good cheer. All these are obligatory rights which have to be given to a divorced woman necessarily; however, it is not only desirable but excellent as well, if the divorced wife, on her parting day, goes with some cash or at the least, with a set of clothing as parting gift. Subhan Allah سبحان اللہ ، what a decent teaching it is -- all that customarily causes quarrels and fights and takes families to ruin has been so wisely transformed into everlasting goodwill and peace.After all these injunctions, it was said: وَمَن يَفْعَلْ ذَٰلِكَ فَقَدْ ظَلَمَ نَفْسَهُ that is, anyone who acts against these divine commands will harm none but himself. It is obvious that Hereafter (the life to come) will be the place where every injustice and cruelty will be avenged in the sight of Allah and the oppressor is not going to move one step forward unless the oppressed is avenged.If we ponder with discernment and hindsight, we shall discover that, if some oppressor gets away with his cruelty against the oppressed, the evil consequences of this act do disgrace him, more than often, right here in this world. He may or may not comprehend it, but fairly often, he is overtaken by misfortunes which make him taste at least some retribution of his oppression during his life of the mortal world. This is what Shaykh Sa'di, mercy be on him, said in a Persian couplet:پیداشت ستمگر کہ جفا برما کردبرگردنِ ---- بماند و برما بگزشتThe oppressor presumed that he had hit me. But his weapon boomeranged back into his neck while it sailed past me!The noble Qur'an has an approach which is wise, and a style that is special, when it does not describe law in the manner penal laws of the world are described. It rather explains its injunctions in a sympathetic and persuasive manner, showing its wisdom and describing the series of losses man suffers while acting against it, which, if duly understood, will render one incapable of embarking on such crimes. So, behind every law there comes the reminder that man must fear Allah and that man should never forget his accountability in the Hereafter.Do not make a marriage and divorce a playthingThe second rule presented in this verse is that the word of Allah should not be taken lightly as some amusement: وَلَا تَتَّخِذُوا آيَاتِ اللَّـهِ هُزُوًا ‘And do not take the verses of Allah in jest.' According to one explanation of the expression -- playing games with the verses of Allah or making a mockery of it -- means acting against Divine ordinances in matters of marriage and divorce. The second explanation reported from Sayyidna Abu al-Darda' ؓ is that some people during pre-Islam Arabia would give divorce or free a slave, then they would go back on their word and start saying that this was all in fun; talaq (divorce) or ` itaq (to free a slave) was not intended. Thereupon, this verse was revealed which gave the ruling that anyone going through divorce and marriage, even if it be playfully or jokingly, would find these enforced and the plea of 'having no intention' will not be accepted as valid.The Holy Prophet ﷺ has said that there are three things in which acting seriously, or in jest, are both equal: One -- talaq (divorce); two - ` itaq (to free a slave); three -- nikah (marriage) (reported by Ibn Marduwayh from Ibn al-'Abbas and Ibn a1-Mundhir from ` Ubadah ibn al-Samit).This hadith has been reported from Sayyidna Abu Hurayrah ؓ in the following words:ثلاث جدھن جَد و ھزلھن جَد : النکاح و الطلاق والرجعۃIt means that there are three things which take effect equally whether done seriously or jokingly. These are: The marriage, the divorce and the revocation of divorce. (Mazhari)The Islamic law governing these three is: Should a man and a woman go through the process of offer and acceptance before witnesses, even if it be without any intention or just in jest, the marriage stands solemnized anyway. Similarly, if divorce is given in clear words, without any intention, or just in jest, divorce takes effect; or revocation, if done, becomes valid too. Similarly again, if a slave is playfully declared to be free, the slave becomes free. Jest or fun are not taken as valid excuses.After stating this injunction, the noble Qur'an then educates man, in its unique style, how he should obey Allah Almighty and fear the consequences of the life to come (akhirah). It was said:وَاذْكُرُ‌وا نِعْمَتَ اللَّـهِ عَلَيْكُمْ وَمَا أَنزَلَ عَلَيْكُم مِّنَ الْكِتَابِ وَالْحِكْمَةِ يَعِظُكُم بِهِ ۚ وَاتَّقُوا اللَّـهَ وَاعْلَمُوا أَنَّ اللَّـهَ بِكُلِّ شَيْءٍ عَلِيمٌ ﴿231﴾That is, And remember the grace of Allah on you and what He has revealed to you of the Book and the wisdom giving you good counsel thereby. And fear Allah, and be sure that Allah is all-knowing in respect of everything'It means: He knows the secrets hidden in your hearts, your intentions and your purposes. Therefore, when you have to release your wife from your marriage bond by giving divorce, you should do so with the intention of avoiding mutual disputes, loss of mutual rights and doing injustice, and not with the intention of releasing anger on your wife or disgracing or hurting her.The basic rules of giving a divorceThe third rule identified in this verse is: Should a man be left with no other option but divorce, then the basic and true method in the view of Shari'ah and Sunnah is that he should give one revocable divorce in clear and unambiguous words so that the choice of taking the wife back remains open. Words that cause sudden severance of marriage relationship should not be spoken. This is known as al-talaq al-ba` in الطلاق الباین ، the divorce that cannot be revoked. In addition to this, reaching three talaqs must be avoided following which even fresh marriage between the couple becomes haram (unlawful). This point is indicated by the use of the universal and unqualified words in طَلَّقْتُمُ النِّسَاءَ (when you have divorced women), because the injunction contained in this verse covers only one or two revocable talaqs. It does not concern the irrevocable three talaqs; but the Holy Qur'an, by not mentioning any related qualification, has suggested that the real talaq (divorce) is none other than the revocable talaq as approved by the Shari'ah. Other forms are not devoid of repugnance or undesirability.
<h2 class="title">Being Kind to the Divorced Wife</h2><p>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: </p><div class="text_uthmani arabic">وَلاَ تُمْسِكُوهُنَّ ضِرَارًا لِّتَعْتَدُواْ</div><p>(But do not take them back to hurt them,) </p><p>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; </p><div class="text_uthmani arabic">وَمَن يَفْعَلْ ذَلِكَ فَقَدْ ظَلَمَ نَفْسَهُ</div><p>(...and whoever does that, then he has wronged himself.) meaning, by defying Allah's commandments. Allah then said: </p><div class="text_uthmani arabic">وَلاَ تَتَّخِذُواْ آيَـتِ اللَّهِ هُزُوًا</div><p>(And treat not the verses (Laws) of Allah in a jest,) </p><p>Ibn Jarir said that Abu Musa (Al-Ash`ari) narrated that Allah's Messenger once became angry at the Ash`ari tribe. Abu Musa went to him and said, "O Messenger of Allah! Are you angry with the Ash`ariyyin" The Prophet said: </p><div class="text_uthmani arabic">«يَقُولُ أَحَدُكُمْ: قَدْ طَلَّقْتُ، قَدْ رَاجَعْتُ، لَيْسَ هَذَا طَلَاقُ الْمُسْلِمِينَ، طَلِّقُوا الْمَرْأَةَ فِي قُبُلِ عِدَّتِهَا»</div><p>(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.) </p><p>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: </p><div class="text_uthmani arabic">وَلاَ تَتَّخِذُواْ آيَـتِ اللَّهِ هُزُوًا</div><p>(And treat not the verses (Laws) of Allah in a jest,) </p><p>Then such men were made to bear the consequences of their actions. </p><p>Allah then said: </p><div class="text_uthmani arabic">وَاذْكُرُواْ نِعْمَتَ اللَّهِ عَلَيْكُمْ</div><p>(. ..but remember Allah's favors on you,) meaning, by His sending His Messenger with the right guidance and clear signs to you: </p><div class="text_uthmani arabic">وَمَآ أَنزَلَ عَلَيْكُم مِّنَ الْكِتَـبِ وَالْحِكْمَةِ</div><p>(...and that which He has sent down to you of the Book (i.e., the Qur'an) and Al-Hikmah) meaning the Sunnah, </p><div class="text_uthmani arabic">يَعِظُكُمْ بِهِ</div><p>(...whereby He instructs you.) meaning, commands you, forbids you and threatens you for transgressing His prohibitions. Allah said: </p><div class="text_uthmani arabic">وَاتَّقُواْ اللَّهَ</div><p>(And fear Allah) meaning, concerning what you perform and what you avoid, </p><div class="text_uthmani arabic">وَاعْلَمُواْ أَنَّ اللَّهَ بِكُلِّ شَىْءٍ عَلِيمٌ</div><p>(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. </p>
Being Kind to the Divorced WifeThis 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: وَلاَ تُمْسِكُوهُنَّ ضِرَارًا لِّتَعْتَدُواْ(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 يَفْعَلْ ذَلِكَ فَقَدْ ظَلَمَ نَفْسَهُ(...and whoever does that, then he has wronged himself.) meaning, by defying Allah's commandments. Allah then said: وَلاَ تَتَّخِذُواْ آيَـتِ اللَّهِ هُزُوًا(And treat not the verses (Laws) of Allah in a jest,) Ibn Jarir said that Abu Musa (Al-Ash`ari) narrated that Allah's Messenger once became angry at the Ash`ari tribe. Abu Musa went to him and said, "O Messenger of Allah! Are you angry with the Ash`ariyyin" The Prophet said: «يَقُولُ أَحَدُكُمْ: قَدْ طَلَّقْتُ، قَدْ رَاجَعْتُ، لَيْسَ هَذَا طَلَاقُ الْمُسْلِمِينَ، طَلِّقُوا الْمَرْأَةَ 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: وَلاَ تَتَّخِذُواْ آيَـتِ اللَّهِ 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: وَاذْكُرُواْ نِعْمَتَ اللَّهِ عَلَيْكُمْ(. ..but remember Allah's favors on you,) meaning, by His sending His Messenger with the right guidance and clear signs to you: وَمَآ أَنزَلَ عَلَيْكُم مِّنَ الْكِتَـبِ وَالْحِكْمَةِ(...and that which He has sent down to you of the Book (i.e., the Qur'an) and Al-Hikmah) meaning the Sunnah, يَعِظُكُمْ بِهِ(...whereby He instructs you.) meaning, commands you, forbids you and threatens you for transgressing His prohibitions. Allah said: وَاتَّقُواْ اللَّهَ(And fear Allah) meaning, concerning what you perform and what you avoid, وَاعْلَمُواْ أَنَّ اللَّهَ بِكُلِّ شَىْءٍ 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. 