Verse 230
The Cow • madinah
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ٱلطَّلَٰقُ مَرَّتَانِ ۖ فَإِمْسَاكٌۢ بِمَعْرُوفٍ أَوْ تَسْرِيحٌۢ بِإِحْسَٰنٍ ۗ وَلَا يَحِلُّ لَكُمْ أَن تَأْخُذُوا۟ مِمَّآ ءَاتَيْتُمُوهُنَّ شَيْـًٔا إِلَّآ أَن يَخَافَآ أَلَّا يُقِيمَا حُدُودَ ٱللَّهِ ۖ فَإِنْ خِفْتُمْ أَلَّا يُقِيمَا حُدُودَ ٱللَّهِ فَلَا جُنَاحَ عَلَيْهِمَا فِيمَا ٱفْتَدَتْ بِهِۦ ۗ تِلْكَ حُدُودُ ٱللَّهِ فَلَا تَعْتَدُوهَا ۚ وَمَن يَتَعَدَّ حُدُودَ ٱللَّهِ فَأُو۟لَٰٓئِكَ هُمُ ٱلظَّٰلِمُونَ
See 2:228.
2:232; 4:130; 65:3.
Important Words:
امساك (retain) is derived from امسك which is again derived from مسك. They say امسك به i.e. he stuck to it. امسك is both transitive and intransitive. امسكه means, he got hold of it and stopped and retained it. امسك عن الکلام means, he abstained from talking. امساك means, (1) to hold or stop or prevent or retain; (2) to refrain or abstain (Aqrab).
تسریح (send away) is the noun-infinitive from سرح (sarraha) which is derived from سرح. They say سرح المواشی i.e. the cattle went forth for grazing. سرح السیل means, the flood moved on leisurely. سرحه means, he sent him away. سرح فلان زوجته means, he sent away or divorced his wife (Aqrab).
حدود (limits) is the plural of حد i.e. a limit. حده means, he put a limit to it. حد الشیء عن الشیء means, he distinguished one thing from the other. الحد means, (1) the limit or the line where two things meet; (2) last limit or extremity of a thing; (3) that by which a thing may be defined; (4) prescribed punishment for an offence. حدود الله means God’s religious commandments (Aqrab).
Commentary:
This verse contains the fifth check on divorce. A man who seeks permanent and irrevocable separation from his wife must pronounce divorce on three separate occasions, each in a separate طھر i.e. period of purity, when the woman is clean and the man has not gone in unto her during that period of purity. The pronouncement of divorce twice or thrice at one and the same time is not permissible as the verse hints in the word مرتان (twice) which signifies a thing happening on two separate occasions and not two things happening at one and the same time. The Holy Prophet treated such collective pronouncements, whatever their number, as only one divorce (Tirmidhi & Dawud). According to Nasa’i, the Holy Prophet was extremely angry when one day he was told that a person had made all the three pronouncements of divorce at one and the same time, and said: "Is the Book of God going to be made a plaything while I am yet among you?"
After the pronouncement of the first two divorces, the husband can take back the divorced wife within ‘iddah, i.e. the period of waiting, with or without her consent; but after the period of waiting is over, he can take her back only with her consent and that after remarrying her. After the pronouncement of the third divorce, however, the husband forfeits this right and the couple are finally separated. A Companion of the Holy Prophet once asked him saying, "The Quran has here spoken of two divorces only, whence comes in the third!" The Prophet referred him to the Quranic words اوتسریح باحسان i.e. or send them away with kindness meaning thereby that after the pronouncement of the first two divorces the husband was free to retain his wife if he so desired but if he wanted irrevocable separation, he should "send her away", i.e. divorce her a third time (Jarir & Musnad). The point is further made clear in the succeeding verse. Thus the word تسریح here signifies طلاق i.e. divorce.
The present verse also makes it clear that when a person divorces his wife, he forfeits مھر i.e. the dower-money he has given her; and if at the time of divorce he has not yet given her the dower-money agreed on by the parties, he must make the payment before the divorce becomes effective. Again, he is not allowed to take back anything he might have given her in the form of gifts and presents as the clause it is not lawful for you that you take anything of what you have given them indicates.
If, however, it is the wife who demands separation, technically known as خلع (Khul‘a lit. the putting off of clothes etc., or the shedding of old leaves), she must get it through a Qadi or judge as the word خفتم (you fear), which has been put in the plural number, hints. In this case she has to part with, in full or in part, her dowry as well as the gifts she might have received from her husband, as agreed on by the parties or decided by the judge. The case of Jamilah, wife of Qais bin Thabit, provides a good illustration of the exercise of the right of Khul‘a by women. She demanded separation from her husband, Qais, on the ground that she did not like him, i.e. their temperaments being different, she could not get on with him. She was granted Kkul‘a by the Holy Prophet, but she had to return to her husband the orchard he had given her (Bukhari). This right, however, is not to be exercised in a light-hearted manner. The Holy Prophet has condemned the action of a woman who demands separation from her husband without valid reason even as he has condemned the action of a man who divorces his wife without genuine cause. He is reported to have said, "A woman who seeks separation from her husband without a legitimate cause shall be deprived of the fragrance of heaven" (Dawud & Tirmidhi). This is what is hinted in the concluding words, these are the limits prescribed by Allah, so transgress them not, etc. The husband and the wife are both warned to fear God and refrain from transgressing the limits imposed by God for their own good.
2:232; 4:130; 65:3.
This verse contains the fifth check on divorce. A man who seeks separation from his wife must pronounce divorce on three separate occasions, each in a separate period of purity when he has not gone in unto her during that period. The pronouncement of divorce twice or thrice at one and the same time is not permissible as is hinted in the word Marratan (twice) which signifies a thing happening on two separate occasions and not two things happening at one and the same time. The Holy Prophet treated such collective pronouncements, whatever their number, as only one divorce (Tirmidhi & Dawud). According to Nasa’i, the Holy Prophet was extremely angry when one day he was told that a person had made all the three pronouncements of divorce at one and the same time and said, "Is the Book of God going to be made a plaything while I am yet among you?" After the pronouncement of the first two divorces, the husband can take back the divorced wife within ‘Iddat, i.e. the period of waiting, with or
When a person divorces his wife, he forfeits the dower-money he has given her; and if at the time of divorce he has not yet given her the dower- money, he must make the payment before the divorce becomes effective. Again, he is not allowed to take back anything he might have given her in the form of gifts and presents.
If, however, it is the wife who demands separation, technically known as Khula‘, she must get it through a Qadi or judge as the words "you fear," in the plural number, hint. In this case she has to part with, in full or in part, her dowry as well as the gifts she might have received from her husband, as agreed upon by the parties or decided by the judge. The case of Jamilah, wife of Qais bin Thabit, provides a good illustration of the exercise of the right of Khula‘ by women. She demanded separation from her husband. Qais, on the ground that she did not like him, i.e. their temperaments being different she could not get on with him. She was granted Khula‘ by the Holy Prophet, but she had to return to her husband the orchard he had given her (Bukhari).