Verse 238
The Cow • madinah
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وَإِن طَلَّقْتُمُوهُنَّ مِن قَبْلِ أَن تَمَسُّوهُنَّ وَقَدْ فَرَضْتُمْ لَهُنَّ فَرِيضَةً فَنِصْفُ مَا فَرَضْتُمْ إِلَّآ أَن يَعْفُونَ أَوْ يَعْفُوَا۟ ٱلَّذِى بِيَدِهِۦ عُقْدَةُ ٱلنِّكَاحِ ۚ وَأَن تَعْفُوٓا۟ أَقْرَبُ لِلتَّقْوَىٰ ۚ وَلَا تَنسَوُا۟ ٱلْفَضْلَ بَيْنَكُمْ ۚ إِنَّ ٱللَّهَ بِمَا تَعْمَلُونَ بَصِيرٌ
Important Words:
یعفو (should remit) is derived from عفا meaning: (1) he gave more than what was due; or (2) he relinquished his right or remitted it in whole or in part (Taj). See also 2:220.
Commentary:
If the divorce occurs after the dowry has been fixed but before the husband has gone in unto his wife, the husband shall pay half of the fixed dowry. The clause, he in whose hand is the tie of marriage, may signify either the husband or the guardian of the divorced woman, because whereas after marriage the tie of marriage is in the hands of the husband, before marriage the guardian of the woman also holds it in his hands. In the former case, the word یعفو would mean that the husband should try to give more than half the dowry, or if he has already paid the whole dowry, he should try not to demand its return. If, however, the clause, he in whose hand is the tie of marriage, be considered to apply to the guardian of the divorced woman, the word یعفو would mean that he should try to remit or relinquish her right, i.e. he should, so far as possible, strive to give up, even that which he is entitled to receive on behalf of the divorced woman. But God certainly prefers that the husband should make a greater show of generosity.
This is how each party is exhorted to vie with the other in acting generously toward the other, the husband by paying more than what is obligatory on him, and the wife or her guardian by relinquishing what is due to her. If people truly inculcated such a spirit of sacrifice, the earth would indeed become a heaven.
The expression, And that you should remit is nearer to righteousness, applies to the husband particularly; but it may, in its broader significance, apply to all__husbands, wives and guardians.
If the divorce occurs after the dowry has been fixed but before the husband has gone in unto his wife, the husband shall pay half of the fixed dowry.
The clause, he in whose hand is the tie of marriage, may signify either the husband or the guardian of the divorced woman, because whereas after marriage the tie of marriage is in the hands of the husband, before marriage the guardian of the woman holds it.
Ya‘fu may mean, "remits or increases." The wife (or her guardian) may remit the whole or a part of what is due to her, or the husband may pay more than what is due from him. But the husband is certainly desired to make a greater show of generosity.