Baqarah 224-9
Javed Ahmad Ghamidi /
 Shehzad Saleem
 

 

وَلَا تَجْعَلُوا اللَّهَ عُرْضَةً لِأَيْمَانِكُمْ أَنْ تَبَرُّوا وَتَتَّقُوا وَتُصْلِحُوا بَيْنَ النَّاسِ وَاللَّهُ سَمِيعٌ عَلِيمٌ  لَا يُؤَاخِذُكُمْ اللَّهُ بِاللَّغْوِ فِي أَيْمَانِكُمْ وَلَكِنْ يُؤَاخِذُكُمْ بِمَا كَسَبَتْ قُلُوبُكُمْ وَاللَّهُ غَفُورٌ حَلِيمٌ  لِلَّذِينَ يُؤْلُونَ مِنْ نِسَائِهِمْ تَرَبُّصُ أَرْبَعَةِ أَشْهُرٍ فَإِنْ فَاءُوا فَإِنَّ اللَّهَ غَفُورٌ رَحِيمٌ  وَإِنْ عَزَمُوا الطَّلَاقَ فَإِنَّ اللَّهَ سَمِيعٌ عَلِيمٌ(2 :224-7)

وَالْمُطَلَّقَاتُ يَتَرَبَّصْنَ بِأَنفُسِهِنَّ ثَلَاثَةَ قُرُوءٍ وَلَا يَحِلُّ لَهُنَّ أَنْ يَكْتُمْنَ مَا خَلَقَ اللَّهُ فِي أَرْحَامِهِنَّ إِنْ كُنَّ يُؤْمِنَّ بِاللَّهِ وَالْيَوْمِ الْآخِرِ وَبُعُولَتُهُنَّ أَحَقُّ  بِرَدِّهِنَّ فِي ذَلِكَ إِنْ أَرَادُوا إِصْلَاحًا وَلَهُنَّ مِثْلُ الَّذِي عَلَيْهِنَّ بِالْمَعْرُوفِ وَلِلرِّجَالِ عَلَيْهِنَّ دَرَجَةٌ وَاللَّهُ عَزِيزٌ حَكِيمٌ (228:2)

الطَّلَاقُ مَرَّتَانِ فَإمْسَاكٌ بِمَعْرُوفٍ أَوْ تَسْرِيحٌ بِإِحْسَانٍ وَلَا يَحِلُّ لَكُمْ أَنْ تَأْخُذُوا مِمَّا آتَيْتُمُوهُنَّ شَيْئًا إِلَّا أَنْ يَخَافَا أَلَّا يُقِيمَا حُدُودَ اللَّهِ فَإِنْ خِفْتُمْ أَلَّا يُقِيمَا حُدُودَ اللَّهِ فَلَا جُنَاحَ عَلَيْهِمَا فِيمَا افْتَدَتْ بِهِ تِلْكَ حُدُودُ اللَّهِ فَلَا تَعْتَدُوهَا وَمَنْ يَتَعَدَّ حُدُودَ اللَّهِ فَأُوْلَئِكَ هُمْ الظَّالِمُونَ (229:2)

    [There are certain other issues regarding women also that you must know] and for your oaths1 do not make the name of Allah an obstacle to deal kindly and to observe the limits of Allah and to make peace among men, and [you should know that] Allah knows all and hears all. He will not hold you liable for your oaths sworn inadvertently. But He will take you to task for oaths sworn with your heart’s intention and [in reality], Allah is forgiving and lenient2. So those who swear to abstain from their wives3 must wait four months. If they change their mind, Allah is forgiving and ever-merciful4; but if they decide to divorce them, [know that] He hears all and knows all5. (224-7)

    And [if the latter situation develops], the divorced women must keep themselves waiting for three menstrual6 courses7. And it is unlawful for them, if they believe in Allah and the Last Day, to hide8 what He has created in their wombs. And if their husbands wish to reform9 affairs, they [— the husbands— ] have greater right to take them back [in this waiting period] should they desire reconciliation. And [this is because there is no doubt that] just as according to [society’s] norms these women have obligations [towards their husbands], they also have rights10, although men [as husbands] have a status above11 women. [This is the directive of Allah] and Allah is mighty and wise12. (228)
    This divorce may be pronounced twice [during the period of the marriage]13, and then a woman must be retained in honour or allowed to go with kindness. [If you decide to depart from her them, then on this occasion] it is unlawful for you to take back from them anything you have given them14 unless both the husband and wife fear that they may not be able to keep within the bounds set by Allah. Then if you also feel that they will not be able to remain within the bounds set by Allah, then there shall be no offence for either of them [regarding the gifts given by the husband] if the wife seeks divorce [by returning them to him] in ransom15. These are the bounds set by Allah; do not transgress them. [And you should know that] those who transgress the bounds of Allah are wrongdoers16. (229)
 
 

Researcher’s Companion

I Meaning & Morphology (الصرف و اللغة)

1. ‘قَرْءٌ’
    The word ‘قَرْءٌ’ is among those words of the Arabic language which are classed as ‘اَضْدَاد’. They are words which have two meanings entirely opposite to one another. It is the context which determines the shade of meaning in which they are used. Example of such words are ‘بَيْع’ which means both ‘sale’ and ‘purchase’, and ‘اَسَرَّ’ which means both ‘to reveal’ and ‘to conceal’. 
   As pointed out by the author (ref. 6), the context readily suggests that the word ‘قَرْءٌ’ here means ‘حَيْض’ (the period of menstruation) and not ‘طُهْر’ (the period of purity)i.

2. أَحَقُّ
    The comparative degree in this word (‘greater rights’) does not imply that the wife also has the right to revoke divorce and that her husband’s right to divorce is only greater.  Instead, it actually suggests that, as pointed out by Zamakhshariii, if a wife does not accept reconciliation, then the will of the husband shall prevail. In other words, the comparison is between the right of the husband and the wife’s rejection of the husband’s decision.

3. ‘دَرَجَةٌ’
    This indefinite noun here connotes ‘وَحْدَانِيَّه’. The implied meaning is that the superiority of husbands is not absolute; it is only in one sphere: as head of the family, as the context suggests. The previous verses mention the rights of the husband as head of the family. Also, this relative ‘superiority’ is not being mentioned regarding women and men generally, but within the framework of the marital relationship and in reference to a specific aspect.

4. ‘ال’ in ‘الطَّلَاقُ مَرَّتَانِ
    Technically speaking the ‘ال’ on ‘الطَّلَاقُ مَرَّتَانِ’ is for ‘غهد’ and not of ‘جنس’as some exegetes contend. The implied meaning after taking into consideration this fact would be: ‘the divorce which has been mentioned above in which a husband can revoke his decision can be given twice only’.

II Eloquence & Style (الاساليب و البلاغة)

1. Tadmin in ‘يُؤْلُونَ مِنْ نِسَائِهِمْ’
    The conventional preposition after ‘يُؤْلُونَ’ is ‘عَلى’. However, the preposition ‘مِِنْ’ after it shows the existence of Tadmin. In other words, the verb encompasses the meaning of ‘drawing away’. While pointing it out Zamakhshari writesiii:

قد ضمن فى هذا القسم المخصوص معنى البعد فكانه قيل: يبعدون من نساءهم مؤلين  او مقسمين

Contained in this specific oath is the meaning of withdrawal as if the implied import is: they withdraw from their wives while swearing…


2. Khabr li’l-amr
    In the expression ‘…وَالْمُطَلَّقَاتُ يَتَرَبَّصْنَ’, the predicate, which is in the form of a verb, connotes the imperative mood. Thus ‘Divorced women wait…’ is actually ‘Divorced women should wait...’ Such usage actually places emphasis on the imperative. It is as if the directive has already been obeyed. A similar expression is ‘…وَلْوَالِدَاتُ يُرضِِعْنَ اَوْلَادَهُنَّ’ (Mothers should suckle their offspring…(2:233)). Invocations like ‘رَ حِمَكَ اللَّه’ and ‘حَسْبِىَ اللَّه’ also reflect this usage.

3. Ellipses
    i. As opined by Abu Hayyaniv, the pithy expression ‘وَلَهُنَّ مِثْلُ الَّذِي عَلَيْهِنَّ بِالْمَعْرُوفِ’ that occurs at the end of verse 228 can be unfolded thus: ‘وَلَهُنَّ عَلَى اَزْوَاجِهِنَّ مِثْلُ الَّذِي لِاَزْوَاجِهِنَّ عَلَيْهِنَّ بِالْمَعْرُوفِ’.

    ii. One feature of Qur’anic Arabic is that it does not employ words which can be avoided to convey the required meaning. For example, though there is a word (اَيْضاً ) in classical Arabic for ‘also’, the Qur’an has not used it at all. It uses the context to ‘insert’ this word in a sentence. This elliptical style of course adds to the eloquence of the language. Here, the words ‘فَإِنْ خِفْتُمْ أَلَّا يُقِيمَا حُدُودَ اللَّهِ’ (2:229) present a very good example of this. In the preceding verse the word ‘يَخَافَا’ refers to apprehension of the husband and wife and here as ‘خِفْتُمْ’ it refers to the apprehension of the elders of the society. Thus, the word ‘also’ must be considered present or else the words would lose their stress and actual import.
 

III Exegesis and Explanation (الشرح و التفسير)


 

    1. The part of verse 229 ‘…وَلَا يَحِلُّ لَكُمْ أَنْ تَأْخُذُوا مِمَّا آتَيْتُمُوهُنَّ شَيْئًا’ till the end of the verse is often interpreted to mean the right of a wife to seek divorce from her husband (خُلع ).v Many commentators argue that these verses suggest that a woman must pay some money to her husband in order to liberate herself from him. However, if the context of the verse is taken into consideration, this cannot be the meaning of the verse, as pointed out by the author (ref. 15). The husband is first told that if he finally decides to divorce his wife, then he must be decent enough not to take back any gifts he may have given his wife. Then, in the aforementioned verse, he is told that in one exceptional case it is lawful for him to take back some gifts: when both parties desire legal separation, but the husband desists from divorce because he believes his financial loss, through wealth, assets or property, would be too significant. In such a case, it would be acceptable for the wife to return the gifts to her husband and for the husband to accept them.
 

IV Scriptures and Testaments (العهود  و الصحف)

    1. The Qur’anic words ‘and for your oaths do not make the name of Allah an obstacle’ (2:224) are comparable to the following verse of the Old Testament:

You shall not misuse the name of the Lord your Lord, for the Lord will not hold anyone guiltless who misuses his name. (Exodus, 20:7)


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1. This verse is a prelude to the directive of ‘اِيلَاء’ (ila) the coming verses state. The implied meaning is that since swearing by the Almighty is tantamount to calling him to witness a person should in no way swear an oath that infringes upon the rights of the Almighty or those of His creation; however, if by chance a person happens to swear such an oath, he is directed to break it. A person should in no way embark upon usurping the rights of others or evading deeds of piety and virtue merely on the excuse that an oath has been sworn. The words ‘أَنْ تَبَرُّوا وَتَتَّقُوا وَتُصْلِحُوا بَيْنَ النَّاسِ’ which delineate this fact are explained by Ima#m Ami#n Ah@san Is@la#h@i## in the following words:
 

The words ‘بِِرّ’ , ‘تَقْوى’ and ‘اِصْلَاح’ encompass all deeds of virtue. The word ‘بِِرّ’ embraces all virtues that relate to the parents, the relatives, the poor, the orphan and other members of the society. The word ‘تَقْوى’ covers all virtues that relate to the Almighty and ‘اِصْلَاح’ include all virtues that relate to the society [in general]. (Is@la#h@i##, Ami#n Ah@san, Tadabbur-i-Qur’a#n, 2nd ed., vol. 1, (Lahore: Faran Foundation, 1986), p. 529)

2. The implied meaning is that one should indeed break all such oaths; however, this does not mean that a person will not be held accountable for such oaths. The Almighty will not punish him for an oath that is sworn without intention and purpose which a person just utters involuntarily. However, He shall punish a person for oaths which are sworn intentionally and voluntarily through which a pledge is made or which influence the rights and obligations of individuals or affect divine injunctions in any manner. As is the general rule for a sin, he will need to atone it through sincere repentance; however, as 5:89 specifies, he will also have to compensate for it in the prescribed manner.
3. The actual word used is ‘اِيلَاء’. This is a term of the Arab Jahiliyyah society which means to swear an oath to sever sexual relations with one’s wife. Such an oath leaves the wife in an indefinite state and is as such against virtue and piety. Consequently, the Almighty has fixed a four month period after which a husband must decide to either resume the marital relationship or to divorce her.
It is evident from this directive that it is not allowed to sever sexual relations from one’s wife without a valid reason. So much so that if a person swears such an oath, he must break it. Such relations are the right of a wife and if a husband does not fulfill them, then he can be regarded a criminal both in the eyes of the law and before the Almighty in the Hereafter. In return, the wife also does not have the right to refuse compliance to these relations without a valid reason.
4. Although this oath was sworn to usurp rights and it is not lawful to swear such oaths, but if a person mends his ways the Almighty shall forgive him.
5. The implied meaning is that if a person decides to divorce his wife then he must abide by the rules and regulations that the Almighty has prescribed in this regard. Allah He hears and knows everything. Excesses committed against someone else will not remain concealed from Him.
6. The actual Arabic word used is ‘قُرُوْء’. It is a plural of ‘قَرْءٌ’.. In Arabic, this word means both the ‘menstrual period’ and the ‘non-menstrual period’. While presenting his research on this word, Imam Amin Ahsan Islahi writes:

After much deliberation on the root of the word and its derived forms, I have come to the conclusion that its real meaning is that of ‘menstruation’. However, since every menstrual period is followed by a period of purity (?????), the word is also used in this meaning. This is similar to the usage of words ‘day’ for ‘night’ and vice versa. Every language has such words. (Islahi, Amin Ahsan, Tadabbur-i-Qur’an, 2nd ed., vol. 1, (Lahore: Faran Foundation, 1986), p. 532)

    This word in the opinion of this writer means ‘menstruation’ because in these verses the real issue is to ascertain whether a lady is pregnant or not. It is the ‘period of menstruation’ which actually ascertains this and not the ‘period of purity’. Moreover, women are asked to wait in this period and this waiting period can only be ascertained through the menstrual cycle because its beginning can be known with certainty.
7. In Surah Talaq, a husband is directed to divorce his wife while keeping count of the Iddat (waiting period). Here, in these verses, the Qur’an, has specified that this waiting period is equivalent to three menstrual cycles. This is the Iddat in normal circumstances. In certain specific ones, its time period changes as is mentioned in Surah Talaq (65:1-7) and Surah Ahzab (33:49).
8. The directive to observe the waiting period has been given for the very reason of ascertaining whether a lady is pregnant or not. Consequently, if she conceals the situation of her womb, the very benefits that the Almighty has placed in this directive would be lost.
9. A restriction is imposed here on the right of a husband to annul the divorce sentence stated in this verse so that this annulment should not be to torment or torture the wife but to create harmony and affection in the resumed marital life.
10. The rights and obligations that this verse refers to are delineated in Surah Nisa (4:19 and 4:32).
11. The right to annul a divorce is given to the husband because he is considered the head of the family and as such is responsible for providing and protecting it. In order to maintain discipline in the family, it is imperative that, as the head of the family, he be given this right.
12. Since there is high probability that in such affairs one is bound to be governed by emotions and extreme reactions and as a result may commit one blunder after another, these two attributes – Mighty and Wise – mentioned at the end of the verse serve a special purpose. While referring to this purpose, Imam Amin Ahsan Islahi writes:

The Almighty is ‘Aziz (Mighty); hence, it is only His right to give this directive and He is also Hakim (Wise); hence, whatever directive He gives is based on wisdom. Men should always submit to His directives without any hesitation whatsoever. If they oppose His directives, this would amount to challenging His honor and only hasten to invite His wrath. Similarly, if they are naive enough to think that they are more wise and sagacious than the Almighty, they will be responsible for ruining the law and system of the society with their very own hands. (Islahi, Amin Ahsan, Tadabbur-i-Qur’an, 2nd ed., vol. 1, (Lahore: Faran Foundation, 1986), p. 533)

13. This refers to the divorce mentioned in the previous verses in which a husband can revoke his decision during the Iddat. In other words, if a husband has revoked his decision and the two have started living as husband and wife once again and still it seems that marriage cannot continue, then he can divorce the wife once again in a similar manner and will still have the right to revoke his decision this second time. However, if this happens for the third time, then the husband will no longer have this right.
14. This is an elaboration of the kindness with which a wife should be divorced: whatever wealth, property, clothes, jewelry and other items have been gifted to her by the husband should not be confiscated by him. Here it should be clear that the verse is not referring to the Nafqah (maintenance) and Mahr (dowry), which are the absolute rights of a wife and confiscating them is unthinkable. What is emphasized is that a husband should not take back any gifts he may have given her.
15. This verse mentions an exception to the directive instructing the husband not to take back any gifts from his wife at the time of divorce. If it is no longer possible to keep a marriage intact according to the Allah’s limits, and the family elders and society also supports the annulment, but a husband is unwilling to divorce his wife simply because he is concerned over losing wealth, property or other gifts he has given to his wife, then the issue can be resolved through the exception stated in this verse: the wife can give back part or all of the wealth gifted to her to relieve herself of her marital contract. In such cases, it would be lawful for the husband to accept these returned gifts.
16. This sentence relates to the whole group of directives given earlier on. While explaining it, Imam Amin Ahsan Islahi writes:

These are the bounds set by Allah regarding one’s marital life. Just as you set up boundary walls around your lands and pastures and want that no one should set foot into them and if someone does so you consider it a challenge to your ownership and honor, similarly, the Almighty has erected boundaries around areas prohibited by Him. You are free to wander within them but are not allowed to cross them. Those who try to exceed these bounds should remember that they will become transgressors. The responsibility of the consequences of their transgression would rest with them, not the Almighty, and they would witness these consequences both in this world and the next. They will only wrong their own souls and will in no way harm the Almighty. The laws of the Almighty are totally based on human nature and on the welfare of His people. So, those who exceed these bounds, in fact, harm their own nature and disrupt their own welfare. (Islahi, Amin Ahsan, Tadabbur-i-Qur’an, 2nd ed., vol. 1, (Lahore: Faran Foundation, 1986), p. 536)


i. In A‘sha’s following couplets, for example, the word is used in this latter meaning:

ا فى كل عام انت جاشم غزوة       تشد لاقصاها عزيم عزائك          

مؤصلة مالا و فى الحي رفعة         لما ضاع فيها من قروء نسائكا

(Will you set out every year to bear the hardship of a war traveling to its peak areas with strong determination; such that you gain wealth and earn fame in return for the lost periods of purity of your wives.)

ii. Kashshaff, Zamakhshari, 1st ed., vol. 1, (Beirut: Daru’l-Ahya al-Turath al‘Arabi, 1997), p. 300
iii. Kashshaff, Zamakhshari, 1st ed., vol. 1, (Beirut: Daru’l-Ahya al-Turath al‘Arabi, 1997), p. 296
iv. Abu Hayyan, Al-Bahr Al-Muhit, 1st ed., vol.2 (Makkah: Daru’l-Fikr, 1992), p. 460
v. This of course does not mean that she does not have the right to seek divorce. What is being implied is that these verses do not state this right.