DIVORCE
Divorce
2: 224 – 233
Sura-2 [Al-Baqara medina 87]
The Quranic Text & Ali’s version:
وَلاَ
تَجْعَلُواْ
اللّهَ عُرْضَةً
لِّأَيْمَانِكُمْ
أَن تَبَرُّواْ
وَتَتَّقُواْ
وَتُصْلِحُواْ
بَيْنَ النَّاسِ...
2:224. And make not Allah's (name) an excuse in your oaths against doing good, or acting rightly, or making peace between persons;
... وَاللّهُ سَمِيعٌ عَلِيمٌ ﴿٢٢٤﴾
for Allah is one who heareth and knoweth all things.
C251. The Arabs had many special kinds of oaths, for each of which they had a special name in their language. Some of them related to sex matters, and caused misunderstanding, alienation, division, or separation between husband and wife. This and the following three verses refer to them.
In 2:224 we are first of all told in perfectly general terms that we are not to make an oath in the name of Allah an excuse for not doing the right thing when it is pointed out to us, or for refraining from doing something which will bring people together.
If we were swayed by anger or passion or mere caprice, Allah knows our inmost hearts, and right conduct and not obstinacy or quibbling is what He demands from us.
لاَّ
يُؤَاخِذُكُمُ
اللّهُ بِاللَّغْوِ
فِيَ أَيْمَانِكُمْ
وَلَكِن يُؤَاخِذُكُم
بِمَا كَسَبَتْ
قُلُوبُكُمْ...
2:225. Allah will not call you to account for thoughtlessness in your oaths, but for the intention in your hearts;
C252. It has been held that thoughtless oaths, if there is no intention behind them, can be expiated by an act of charity.
... وَاللّهُ غَفُورٌ حَلِيمٌ ﴿٢٢٥﴾
and He is Oft-Forgiving, Most Forbearing.
لِّلَّذِينَ
يُؤْلُونَ مِن
نِّسَآئِهِمْ
تَرَبُّصُ
أَرْبَعَةِ
أَشْهُرٍ
...
2:226. For those who take an oath for abstention from their wives, a waiting for four months is ordained;
... فَإِنْ فَآؤُوا فَإِنَّ اللّهَ غَفُورٌ رَّحِيمٌ ﴿٢٢٦﴾
if then they return, Allah is Oft-Forgiving, Most Merciful.
وَإِنْ
عَزَمُواْ
الطَّلاَقَ
فَإِنَّ اللّهَ
سَمِيعٌ عَلِيمٌ
﴿٢٢٧﴾
2:227. But if their intention is firm for divorce, Allah heareth and knoweth all things.
C253. Verses 225-227 should be read together with verse 224. The latter, though it is perfectly general, leads up to the other three.
The Pagans Arabs had a custom very unfair to women in wedlock, and this was suppressed by Islam. Sometimes, in a fit of anger or caprice, a husband would take an oath by Allah not to approach his wife. This deprived her of conjugal rights, but at the same time kept her tied to him indefinitely, so that she could not marry again. If the husband was remonstrated with, he would say that his oath by Allah bound him.
Islam in the first place disapproved of thoughtless oaths, but insisted on proper solemn intentional oaths being scrupulously observed. In a serious matter like that affecting a wife, if the oath was put forward as an excuse, the man is told that is not excuse at all. Allah looks to intention, not mere thoughtless words.
Reconciliation is recommended, but if they are really determined against reconciliation, it is unfair to keep them tied indefinitely. (R)
وَالْمُطَلَّقَاتُ
يَتَرَبَّصْنَ
بِأَنفُسِهِنَّ
ثَلاَثَةَ
قُرُوَءٍ...
2:228. Divorced women shall wait concerning themselves for three monthly periods,
... وَلاَ يَحِلُّ لَهُنَّ أَن يَكْتُمْنَ مَا خَلَقَ اللّهُ فِي أَرْحَامِهِنَّ ...
nor is it lawful for them, to hide what Allah hath created in their wombs,
... إِن كُنَّ يُؤْمِنَّ بِاللّهِ وَالْيَوْمِ الآخِرِ...
if they have faith in Allah and the Last Day.
... وَبُعُولَتُهُنَّ أَحَقُّ بِرَدِّهِنَّ فِي ذَلِكَ إِنْ أَرَادُواْ إِصْلاَحًا...
And their husbands have the better right to take them back in that period, if they wish for reconciliation.
C254. Islam tries to maintain the married state as far as possible, especially where children are concerned, but it is against the restriction of the liberty of men and women in such vitally important matters as love and family life. It will check hasty action as far as possible and leave the door to reconciliation open at many stages.
Even after divorce a suggestion of reconciliation is made, subject to certain precautions (mentioned in the following verses) against thoughtless action. A period of waiting (iddah) for three monthly courses is prescribed, in order to see if the marriage conditionally dissolved is likely to result in issue. But this is not necessary where the divorced woman is a virgin: 33:49.
It is definitely declared that women and men shall have similar rights against each other.
... وَلَهُنَّ مِثْلُ الَّذِي عَلَيْهِنَّ بِالْمَعْرُوفِ...
And women shall have rights similar to the rights against them, according to what is equitable;
... وَلِلرِّجَالِ عَلَيْهِنَّ دَرَجَةٌ وَاللّهُ عَزِيزٌ حَكُيمٌ ﴿٢٢٨﴾
but men have a degree (of advantage) over them and Allah is Exalted in Power, Wise.
C255. The difference in economic position between the sexes makes the man's rights and liabilities a little greater than the woman's.
Quran 4:34 refers to the duty of the man to maintain the woman, and to a certain difference in nature between the sexes. Subject to this, the sexes are on terms of equality in law, and in certain matters the weaker sex is entitled to special protection.
Section 29
الطَّلاَقُ
مَرَّتَانِ
...
2:229. A divorce is only permissible twice:
C256. Where divorce for mutual incompatibility is allowed, there is danger that the parties might act hastily, then repent, and again wish to separate. To prevent such capricious action repeatedly, a limit is prescribed.
Two divorces (with a reconciliation between) are allowed. After that the parties must definitely make up their minds, either to dissolve their union permanently, or to live honourable lives together in mutual love and forbearance - to "hold together on equitable terms", neither party worrying the other nor grumbling or evading the duties and responsibilities of marriage.
... فَإِمْسَاكٌ بِمَعْرُوفٍ أَوْ تَسْرِيحٌ بِإِحْسَانٍ ...
after that, the parties should either hold together on equitable terms or separate with kindness.
C257. If a separation is inevitable, the parties should not throw mud at each other, but recognise what is right and honourable on a consideration of all the circumstances.
In any case a man is not allowed to ask back for any gifts or property he may have given to the wife. This is for the protection of the economically weaker sex.
Lest that protective provision itself work against the woman's freedom, an exception is made in the next clause.
... وَلاَ يَحِلُّ لَكُمْ أَن تَأْخُذُواْ مِمَّا آتَيْتُمُوهُنَّ شَيْئًا إِلاَّ أَن يَخَافَا أَلاَّ يُقِيمَا حُدُودَ اللّهِ...
It is not lawful for you, (men), to take back any of your gifts (from your wives), except when both parties fear that they would be unable to keep the limits ordained by Allah.
C258. All other prohibitions and limits prescribed here are in the interest of good and honourable lives for both sides, and in the interests of a clean and honourable social life, without public or private scandals.
If there is any fear that in safeguarding her economic rights, her very freedom of person may suffer, the husband refusing the dissolution of marriage, and perhaps treating her with cruelty, then, in such exceptional cases, it is permissible to give some material consideration to the husband, but the need and equity of this should be submitted to the judgment of impartial judges, i.e., properly constituted courts.
A divorce of this kind is called khula'.
... فَإِنْ خِفْتُمْ أَلاَّ يُقِيمَا حُدُودَ اللّهِ فَلاَ جُنَاحَ عَلَيْهِمَا فِيمَا افْتَدَتْ بِهِ...
If ye (judges) do indeed fear that they would be unable to keep the limits ordained by Allah, there is no blame on either of them if she give something for her freedom.
... تِلْكَ حُدُودُ اللّهِ فَلاَ تَعْتَدُوهَا...
These are the limits ordained by Allah;
... وَمَن يَتَعَدَّ حُدُودَ اللّهِ فَأُوْلَـئِكَ هُمُ الظَّالِمُونَ ﴿٢٢٩﴾
so do not transgress them. If any do transgress the limits ordained by Allah, such persons wrong (themselves as well as others).
C259. Wrong (themselves as well as others):
Zalimun: for the root meaning of zulm see n. 51. 2:35.
فَإِن
طَلَّقَهَا
...
2:230. So if a husband divorces his wife (irrevocably),
C260. This is in continuation of the first sentence of 2:229.
Two divorces followed by re-union are permissible; the third time the divorce becomes irrevocable, until the woman marries some other man and he divorces her. This is to set an almost impossible condition. The lesson is: if a man loves a woman he should not allow a sudden gust of temper or anger to induce him to take hasty action. What happens after two divorces, if the man takes her back?
See n. 261 to 2:231.
... فَلاَ تَحِلُّ لَهُ مِن بَعْدُ حَتَّىَ تَنكِحَ زَوْجًا غَيْرَهُ...
he cannot, after that, remarry her until after she has married another husband
... فَإِن طَلَّقَهَا فَلاَ جُنَاحَ عَلَيْهِمَا أَن يَتَرَاجَعَا إِن ظَنَّا أَن يُقِيمَا حُدُودَ اللّهِ ...
and he has divorced her. In that case there is no blame on either of them if they reunite, provided they feel that they can keep the limits ordained by Allah.
... وَتِلْكَ حُدُودُ اللّهِ يُبَيِّنُهَا لِقَوْمٍ يَعْلَمُونَ ﴿٢٣٠﴾
Such are the limits ordained by Allah, which He makes plain to those who understand.
وَإِذَا
طَلَّقْتُمُ
النَّسَاء
فَبَلَغْنَ
أَجَلَهُنَّ
فَأَمْسِكُوهُنَّ
بِمَعْرُوفٍ
أَوْ سَرِّحُوهُنَّ
بِمَعْرُوفٍ...
2:231. When ye divorce women, and they fulfil the term of their ('Iddah), either take them back on equitable terms or set them free on equitable terms;
C261. If the man takes back his wife after two divorces, he must do so only on equitable terms, i.e., he must not put pressure on the woman to prejudice her rights in any way, and they must live clean and honourable lives, respecting each other's personalities. There are here two conditional clauses:
1. when ye divorce women, and
2. when they fulfil their Iddah: followed by two consequential clauses,
3. take them back on equitable terms, or
4. set them free with kindness.
The first is connected with the third and the second with the fourth. Therefore if the husband wishes to resume the marital relations, he need not wait for Iddah.
But if he does not so wish, she is free to marry someone else after Iddah. For the meaning of Iddah see n. 254 above.
... وَلاَ تُمْسِكُوهُنَّ ضِرَارًا لَّتَعْتَدُواْ وَمَن يَفْعَلْ ذَلِكَ فَقَدْ ظَلَمَ نَفْسَهُ...
but do not take them back to injure them or to take undue advantage; if anyone does that, He wrongs his own soul.
C262. Let no one think that the liberty given to him can be used for his own selfish ends. If he uses the law for the injury of the weaker party, his own moral and spiritual nature suffers.
... وَلاَ تَتَّخِذُوَاْ آيَاتِ اللّهِ هُزُوًا...
Do not treat Allah's Signs as a jest,
C263. These difficult questions of sex relations are often treated as a joke. But they profoundly affect our individual lives, the lives of our children, and the purity and well-being of the society in which we live.
This aspect of the question is reiterated again and again.
... ... وَاذْكُرُواْ نِعْمَتَ اللّهِ عَلَيْكُمْ وَمَا أَنزَلَ عَلَيْكُمْ مِّنَ الْكِتَابِ وَالْحِكْمَةِ يَعِظُكُم بِهِ...
but solemnly rehearse Allah's favors on you, and the fact that He sent down to you the Book and Wisdom, for your instruction.
C264. Rehearse: zikr. Cf. 2:152 and n. 156.
We are asked to remember in our own minds, and to proclaim and praise, and be proud of Allah's favours on us.
His favours are immeasurable; not the least are His Revelations, and the wisdom which He has given to us to enable us to judge and act up to His guidance.
... وَاتَّقُواْ اللّهَ وَاعْلَمُواْ أَنَّ اللّهَ بِكُلِّ شَيْءٍ عَلِيمٌ ﴿٢٣١﴾
And fear Allah, and know that Allah is well acquainted with all things.
Section 30
وَإِذَا
طَلَّقْتُمُ
النِّسَاء
فَبَلَغْنَ
أَجَلَهُنَّ
فَلاَ تَعْضُلُوهُنَّ
أَن
يَنكِحْنَ
أَزْوَاجَهُنَّ
إِذَا تَرَاضَوْاْ
بَيْنَهُم
بِالْمَعْرُوفِ
...
2:232. When ye divorce women, and they fulfil the term of their ('Iddah), do not prevent them from marrying their (former) husbands, if they mutually agree on equitable terms.
C265. The termination of a marriage bond is a most serious matter for family and social life. And every lawful divorce is approved which can equitable bring back those who have lived together, provided only there is mutual love and they can live on honourable terms with each other. If these conditions are fulfilled, it is not right for outsiders to prevent or hinder re-union. They may be swayed by property or other considerations.
This verse was occasioned by an actual case that was referred to the holy Apostle in his lifetime.
... ذَلِكَ يُوعَظُ بِهِ مَن كَانَ مِنكُمْ يُؤْمِنُ بِاللّهِ وَالْيَوْمِ الآخِرِ ...
This instruction is for all amongst you, who believe in Allah and the Last Day.
... ذَلِكُمْ أَزْكَى لَكُمْ وَأَطْهَرُ وَاللّهُ يَعْلَمُ وَأَنتُمْ لاَ تَعْلَمُونَ ﴿٢٣٢﴾
That is (the course making for) most virtue and purity amongst you, and Allah knows, and ye know not.
وَالْوَالِدَاتُ
يُرْضِعْنَ
أَوْلاَدَهُنَّ
حَوْلَيْنِ
كَامِلَيْنِ
لِمَنْ
أَرَادَ أَن
يُتِمَّ الرَّضَاعَةَ...
2:233. The mothers shall give suck to their offspring for two whole years, if the father desires, to complete the term.
C266. As this comes in the midst of the regulations on divorce, it applies primarily to cases of divorce, where some definite rule is necessary, as the father and mother would not, on account of the divorce, probably be on good terms, and the interests of the children must be safeguarded.
As, however, the wording is perfectly general, it has been held that the principle applies equally to the father and mother in wedlock: each must fulfil his or her part in the fostering of the child.
On the other hand, it is provided that the child shall not be used as an excuse for driving a hard bargain on either side. By mutual consent they can agree to some source that is reasonable and equitable, both as regards the period before weaning (the maximum being two years) and the engagement of a wet-nurse, or (by analogy) for artificial feeding.
But the mother's privileges must not be curtailed simply because by mutual consent she does not nurse the baby. In a matter of this kind the ultimate appeal must be to godliness, for all legal remedies are imperfect and may be misused.
... وَعلَى الْمَوْلُودِ لَهُ رِزْقُهُنَّ وَكِسْوَتُهُنَّ بِالْمَعْرُوفِ ...
But he shall bear the cost of their food and clothing on equitable terms.
C266a. i.e. in case of divorce. [Eds}.
... لاَ تُكَلَّفُ نَفْسٌ إِلاَّ وُسْعَهَا...
No soul shall have a burden laid on it greater than it can bear.
... لاَ تُضَآرَّ وَالِدَةٌ بِوَلَدِهَا وَلاَ مَوْلُودٌ لَّهُ بِوَلَدِهِ...
No mother shall be treated unfairly on account of her child, nor father on account of his child.
... وَعَلَى الْوَارِثِ مِثْلُ ذَلِكَ ...
An heir shall be chargeable in the same way
... فَإِنْ أَرَادَا فِصَالاً عَن تَرَاضٍ مِّنْهُمَا وَتَشَاوُرٍ فَلاَ جُنَاحَ عَلَيْهِمَا...
if they both decide on weaning, by mutual consent, and after due consultation, there is no blame on them.
... وَإِنْ أَرَدتُّمْ أَن تَسْتَرْضِعُواْ أَوْلاَدَكُمْ فَلاَ جُنَاحَ عَلَيْكُمْ إِذَا سَلَّمْتُم مَّآ آتَيْتُم بِالْمَعْرُوفِ ...
If ye decide on a foster-mother for your offspring, there is no blame on you, provided ye pay (the mother) what ye offered, on equitable terms.
... وَاتَّقُواْ اللّهَ وَاعْلَمُواْ أَنَّ اللّهَ بِمَا تَعْمَلُونَ بَصِيرٌ ﴿٢٣٣﴾
But fear Allah and know that Allah sees well what ye do.
Other versions:
2: 224
Yusuf Ali And make not Allah's (name) an excuse in your oaths against doing good or acting rightly or making peace between persons; for Allah is one who heareth and knoweth all things.
Pickthall And make not Allah, by your oaths, a hindrance to your being righteous and observing your duty unto Him and making peace among mankind. Allah is Hearer, Knower.
Abusing God's Name
2:224 Do not make God the subject of your oaths; to be pious, aware, and reform relations among people; and God is Hearer, Knower.
2:225 God will not call you to account for your casual oaths, but He will call you to account for what has entered your hearts. God is Forgiving, Compassionate.
2: 225
Yusuf Ali Allah will not call you to account for thoughtlessness in your oaths but for the intention in your hearts; and He is Oft-Forgiving Most Forbearing.
Pickthall Allah will not take you to task for that which is unintentional in your oaths. But He will take you to task for that which your hearts have garnered. Allah is Forgiving, Clement.
Transliteration La_ yu'a_khizukumulla_hu bil lagwi fi aima_nikum wa la_kiy yu'a_khizukum bima_ kasabat qulu_bukum, walla_hu gafu_run halim(un).
2: 226
Yusuf Ali For those who take an oath for abstention from their wives a waiting for four months is ordained; if then they return Allah is Oft-Forgiving Most Merciful.
Pickthall Those who forswear their wives must wait four months; then, if they change their mind, lo! Allah is Forgiving, Merciful.
Yuksel 2:226 For those who are discontent with their wives, let them wait for four months. If they reconcile, then God is Forgiving, Compassionate.*
Transliteration Lillazina yu'lu_na min nisa_'ihim tarabbusu arba'ati asyhur(in), fa in fa_'u_ fa innalla_ha gafu_rur rahim(un).
2: 227
Yusuf Ali But if their intention is firm for divorce Allah heareth and knoweth all things.
Pickthall And if they decide upon divorce (let them remember that) Allah is Hearer, Knower.
Yuksel Divorce
2:227 If they insist on the divorce, then God is Hearer, Knowledgeable.
Transliteration Wa in 'azamut tala_qa fa innalla_ha sami'un 'alim(un).
2: 228
Yusuf Ali Divorced women shall wait concerning themselves for three monthly periods nor is it lawful for them to hide what Allah hath created in their wombs if they have faith in Allah and the Last Day. And their husbands have the better right to take them back in that period if they wish for reconciliation. And women shall have rights similar to the rights against them according to what is equitable; but men have a degree (of advantage) over them and Allah is Exalted in Power Wise.
Pickthall Women who are divorced shall wait, keeping themselves apart, three (monthly) courses. And it is not lawful for them that they should conceal that which Allah hath created in their wombs if they are believers in Allah and the Last Day. And their husbands would do better to take them back in that case if they desire a reconciliation. And they (women) have rights similar to those (of men) over them in kindness, and men are a degree above them. Allah is Mighty, Wise.
Yuksel 2:228 The divorced women shall wait for three menstruation periods; and it is not lawful for them to conceal what God has created in their wombs, if they acknowledge God and the Last day. Their husbands are more justified to return to them, if they both wish to reconcile. The women have rights similar to their obligations, according to the recognized norms. But the men will have a degree over them. God is Noble, Wise.
Transliteration Wal mutallaqa_tu yatarabbasna bi anfusihinna sala_sata quru_'(in), wa la_ yahillu lahunna ay yaktumna ma_ khalaqalla_hu fi arha_mihinna in kunna yu'minna billa_hi wal yaumil a_khir(i), wa bu'u_latuhunna ahaqqu biraddihinna fi za_lika in ara_du_ isla_ha_(n), wa lahunna mislul lazi 'alaihinna bil ma'ru_f(i), wa lir rija_li'alaihinna darajah(un), walla_hu 'azizun hakim(un).
2: 229
Yusuf Ali A divorce is only permissible twice: after that the parties should either hold together on equitable terms or separate with kindness. It is not lawful for you (men) to take back any of your gifts (from your wives) except when both parties fear that they would be unable to keep the limits ordained by Allah. If ye (judges) do indeed fear that they would be unable to keep the limits ordained by Allah there is no blame on either of them if she give something for her freedom. These are the limits ordained by Allah; so do not transgress them. If any do transgress the limits ordained by Allah such persons wrong (themselves as well as others).
Pickthall Divorce must be pronounced twice and then (a woman) must be retained in honor or released in kindness. And it is not lawful for you that ye take from women aught of that which ye have given them; except (in the case) when both fear that they may not be able to keep within the limits (imposed by) Allah. And if ye fear that they may not be able to keep the limits of Allah, in that case it is no sin for either of them if the woman ransom herself. These are the limits (imposed by) Allah. Transgress them not. For whoso transgresseth Allah's limits: such are wrongdoers.
Yuksel 2:229 The divorce is allowed twice. So, either remain together equitably, or part ways with kindness. It is not lawful for you to take back anything you have given the women unless you fear that they will not uphold God's limits. So if you fear that they will not uphold God's limits, then there is no sin upon them for what is given back. These are God's limits so do not transgress them. Whoever shall transgress God's limits are the wicked.
2:230 So if he divorces her again, then she will not be lawful for him until she has married another husband. If the other husband divorces her, then they are not blamed for coming back together if they think they will uphold God's limits. These are God's limits; He clarifies them for a people that know.
Do not Leave Divorced Women on the Street
2:231 If you have divorced the women, and they have reached their required interim period, then either remain together equitably, or part ways equitably. Do not reconcile with them so you can harm them out of animosity. Whoever does so is doing wickedness to his person. Do not take God's signs lightly; remember God's blessings towards you, and what was sent down to you of the book and the wisdom, He warns you with it. Be conscientious of God and know that God is Knowledgeable in all things.
2:232 If you divorce the women, and they have reached their required interim period, then do not prevent them from remarrying their husbands if they amicably agree amongst themselves out of what is best. This is to remind any of you who acknowledge God and the Last day, this is better for you and purer; and God knows while you do not know.
Transliteration Wa la_ taj'alulla_ha 'urdatal li aima_nikum an tabarru_ wa tattaqu_ wa tuslihu_ bainan na_s(i), walla_hu sami'un 'alim(un).
Transliteration At tala_qu marrata_n(i), fa imsa_kum bi ma'ru_fin au tasrihun bi ihsa_n(in), wa la_ yahillu lakum anta'khuzu_ mimma_ a_taitumu_hunna syai'an illa_ ay yakha_fa_ al la_ yuqima_ hudu_dalla_h(i), fa in khiftum al la_ yuqima_ hudu_dalla_h(i), fa la_ juna_ha 'alaihima_ fi maftadat bih(i), tilka hudu_dulla_hi fa la_ ta'tadu_ha_, wa may yata'adda hudu_dalla_hi fa ula_'ika humuz za_limu_n(a).
2: 230
Yusuf Ali So if a husband divorces his wife (irrevocably) he cannot after that remarry her until after she has married another husband and he has divorced her. In that case there is no blame on either of them if they reunite provided they feel that they can keep the limits ordained by Allah. Such are the limits ordained by Allah which He makes plain to those who understand.
Pickthall And if he hath divorced her (the third time), then she is not lawful unto him thereafter until she hath wedded another husband. Then if he (the other husband) divorce her it is no sin for both of them that they come together again if they consider that they are able to observe the limits of Allah. These are the limits of Allah. He manifesteth them for people who have knowledge.
Transliteration Fa in tallaqaha_ fa la_ tahillu lahu_ mim ba'du hatta_ tankiha zaujan gairah(u_), fa in tallaqaha_ fa la_ juna_ha 'alaihima_ ay yatara_ja'a_ in zanna_ ay yuqima_ hudu_dalla_h(i), wa tilka hudu_dulla_hi yubayyinuha_ li qaumiy ya'lamu_n(a).
2: 231
Yusuf Ali 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 anyone does that He wrongs his own soul. Do not treat Allah's Signs as a jest but solemnly rehearse Allah's favors 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.
Pickthall 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 laughingstock (by your behavior), 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.
Transliteration Wa iza_ tallaqtumun nisa_'afa balagna ajalahunna fa amsiku_hunna bi ma'ru_fin au sarrihu_hunna bi ma'ru_f(in), wa la_ tumsiku_hunna dira_ral li ta'tadu_, wa may yaf'al za_lika fa qad zalama nafsah(u_), wa la_ tattakhizu_ a_ya_tilla_hi huzuwa_w wazkuru_ ni'matalla_hi 'alaikum wa ma_ anzala 'alaikum minal kita_bi wal hikmati ya'izukum bih(i), wattaqulla_ha wa'lamu_ annalla_ha bi kulli syai'in'alim(un).
2: 232
Yusuf Ali When ye divorce women and they fulfil the term of their (`Iddat) do not prevent them from marrying their (former) husbands if they mutually agree on equitable terms. This instruction is for all amongst you who believe in Allah and the Last Day. That is (the course making for) most virtue and purity amongst you and Allah knows and ye know not.
Pickthall And when ye have divorced women and they reach their term, place not difficulties in the way of their marrying their husbands if it is agreed between them in kindness. This is an admonition for him among you who believeth in Allah and the Last Day. That is more virtuous for you, and cleaner. Allah knoweth: ye know not.
Transliteration Wa iza_ tallaqtumun nisa_'a fa balagna ajalahunna fa la_ ta'dulu_hunna ay yankihna azwa_jahunna iza_ tara_dau bainahum bil ma'ru_f(i), za_lika yu_'azu bihi man ka_na minkum yu'minu billa_hi walyaumil a_khir(i), za_likum azka_ lakum wa athar(u), walla_hu ya'lamu wa antum la_ ta'lamu_n(a).
2: 233
Yusuf Ali The mothers shall give suck to their offspring for two whole years if the father desires to complete the term. But he shall bear the cost of their food and clothing on equitable terms. No soul shall have a burden laid on it greater than it can bear. No mother shall be treated unfairly on account of her child nor father on account of his child. An heir shall be chargeable in the same way if they both decide on weaning by mutual consent and after due consultation there is no blame on them. If ye decide on a foster-mother for your offspring there is no blame on you provided ye pay (the mother) what ye offered on equitable terms. But fear Allah and know that Allah sees well what ye do.
Pickthall Mothers shall suckle their children for two whole years; (that is) for those who wish to complete the suckling. The duty of feeding and clothing nursing mothers in a seemly manner is upon the father of the child. No one should be charged beyond his capacity. A mother should not be made to suffer because of her child, nor should he to whom the child is born (be made to suffer) because of his child. And on the (father's) heir is incumbent the like of that (which was incumbent on the father). If they desire to wean the child by mutual consent and (after) consultation, it is no sin for them; and if ye wish to give your children out to nurse, it is no sin for you, provided that ye pay what is due from you in kindness. Observe your duty to Allah, and know that Allah is Seer of what ye do.
Yuksel Rights and Responsibilities After Divorce
2:233 The birth mothers suckle their children two full years, for those who wish to complete the suckling. The man for whom the child is born is responsible for both their provisions and clothing equitably. A person should not be burdened beyond its means. No mother shall be harmed because of her child, nor shall a father be harmed because of his child. For the guardian is the same requirement. So if they wish to separate out of mutual agreement and council, then there is no blame on them. If you want to hire nursing mothers, then there is no blame on you if you return what you have been given according to the recognized norms. Be conscientious of God, and know that God is watching over what you do.
Transliteration Wal wa_lida_tu yurdi'na aula_dahunna haulaini ka_milaini liman ara_da ay yutimmar rada_'ah(ta), wa'alal maulu_di lahu_ rizquhunna wa kiswatuhunna bil ma'ru_f(i), la_ tukallafu nafsun illa_ wus'aha_, la_tuda_rra wa_lidatum bi waladiha_ wa la_ maulu_dul laha_ bi waladihi wa 'alal wa_risi mislu za_lik(a), fa in ara_da_ fisa_lan 'an tara_dim minhuma_ wa tasya_wurin fa la_ juna_ha 'alaihima_, wa in aradtum an tastardi'u_ aula_dakum fa la_ juna_ha 'alaikum iz a_sallamtum ma_ a_taitum bil ma'ru_f(i), wattaqulla_ha wa'lamu_ annalla_ha bima_ ta'malu_na basir(un).
Wallazina yutawaffauna minkum wa yazaru_na azwa_jay yatarabbasna bi anfusihinna arba'ata asyhuriw wa 'asyra_(n), fa iza_ balagna ajalahunna fa la_ juna_ha 'alaikum fi ma_ fa'alna fi anfusihinna bil ma'ru_f(i), walla_hu bima_ ta'malu_na khabir(un).
BEFORE TOUCHING THEM
2:236 You will incur no sin if you divorce women while you have not yet touched them nor settled a dower upon them; but (even in such a case) make provision for them - the affluent according to his means, and the straitened according to his means - a provision in an equitable manner: this is a duty upon all who do good.
2: 237 And if you divorce them before having touched them, but after having settled a dower upon them, then (give them) half of what you have settled - unless it be that they forgo their claim or he in whose hand is the marriage-tie forgoes his claim (to half of the dower): and to forgo what is due to you is more in accord with God-consciousness. And forget not (that you are to act with) grace towards one another: verily, God sees all that you do.
2: 241 & 242 And the divorced women, too, shall have (a right to) maintenance in a goodly manner: this is a duty for all who are conscious of God. In this way God makes clear unto you His messages, so that you might (learn to) use your reason.
Sura-4 [Al Nissa Medina 92]
The Quranic Text & Ali’s version:
يَا
أَيُّهَا
الَّذِينَ
آمَنُواْ
لاَ
يَحِلُّ
لَكُمْ
أَن
تَرِثُواْ
النِّسَاء
كَرْهًا...
4:19. O ye who believe!
ye are forbidden to inherit women against their will.
C527. Among many nations, including Arabs in the Days of Ignorance, a step-son or brother took possession of a dead man's widow or widows along with his goods and chattels. This shameful custom is forbidden.
See also 4:22 below.
... وَلاَ تَعْضُلُوهُنَّ لِتَذْهَبُواْ بِبَعْضِ مَا آتَيْتُمُوهُنَّ إِلاَّ أَن يَأْتِينَ بِفَاحِشَةٍ مُّبَيِّنَةٍ ...
Nor should ye treat them with harshness, that ye may take away part of the dower ye have given them, except where they have been guilty of open lewdness;
C528. Another trick, to detract from the freedom of married women was to treat them badly and force them to sue for a Khul'a divorce (see 2:229, n. 258) or
its equivalent in pre-Islamic custom, when the dower could be claimed back. This is also forbidden. Or
the harshness may be exercised in another way: a divorced woman may be prevented by those who have control of her, from remarrying unless she remits her dower.
All kinds of harshness are forbidden.
... وَعَاشِرُوهُنَّ بِالْمَعْرُوفِ...
on the contrary live with them on a footing of kindness and equity.
... فَإِن كَرِهْتُمُوهُنَّ فَعَسَى أَن تَكْرَهُواْ شَيْئًا وَيَجْعَلَ اللّهُ فِيهِ خَيْرًا كَثِيرًا ﴿١٩﴾
If ye take a dislike to them it may be that ye dislike a thing, and Allah brings about through it a great deal of good.
وَإِنْ
أَرَدتُّمُ
اسْتِبْدَالَ
زَوْجٍ
مَّكَانَ
زَوْجٍ
وَآتَيْتُمْ
إِحْدَاهُنَّ
قِنطَارًا
فَلاَ
تَأْخُذُواْ
مِنْهُ
شَيْئًا...
4:20. But if ye decide to take one wife in place of another, even if ye had given the latter a whole treasure for dower, take not the least bit of it back:
C529. Treasure: Qintar; a Talent of gold:
see 3:14, first note.
... أَتَأْخُذُونَهُ بُهْتَاناً وَإِثْماً مُّبِيناً ﴿٢٠﴾
would ye take it by slander and a manifest wrong?
وَكَيْفَ
تَأْخُذُونَهُ
وَقَدْ
أَفْضَى
بَعْضُكُمْ
إِلَى
بَعْضٍ
وَأَخَذْنَ
مِنكُم
مِّيثَاقًا
غَلِيظًا
﴿٢١﴾
4:21. And how could ye take it when ye have gone in unto each other, and they have taken from you a solemn covenant?
وَإِنِ
امْرَأَةٌ
خَافَتْ
مِن
بَعْلِهَا
نُشُوزًا
أَوْ
إِعْرَاضًا
فَلاَ
جُنَاْحَ
عَلَيْهِمَا
أَن
يُصْلِحَا
بَيْنَهُمَا
صُلْحًا
...
4:128. If a wife fears cruelty or desertion on her husband's part, there is no blame on them if they arrange an amicable settlement between themselves;
... وَالصُّلْحُ خَيْرٌ وَأُحْضِرَتِ الأَنفُسُ الشُّحَّ ...
and such settlement is best; even though men's souls are swayed by greed.
C638. To protect the woman's economic interests, various rules are prescribed for dower in marriage. But the sanctity of marriage itself is greater than any economic interests.
Divorce is, of all things permitted, most hateful to Allah. Therefore if a breach between husband and wife can be prevented by some economic consideration, it is better to make that concession than to imperil the future of the wife, the children, and probably the husband also.
Such concessions are permissible, in view of the love of wealth ingrained in unregenerate man, but a recommendation is made that we should practice self-restraint, and do what we can to come to an amicable settlement without any economic sacrifice on the part of the woman.
... وَإِن تُحْسِنُواْ وَتَتَّقُواْ فَإِنَّ اللّهَ كَانَ بِمَا تَعْمَلُونَ خَبِيرًا ﴿١٢٨﴾
But if ye do good and practice self-restraint, Allah is well-acquainted with all that ye do.
وَلَن
تَسْتَطِيعُواْ
أَن
تَعْدِلُواْ
بَيْنَ
النِّسَاء
وَلَوْ
حَرَصْتُمْ...
4:129. Ye are never able to be fair and just as between women, even if it is your ardent desire:
... فَلاَ تَمِيلُواْ كُلَّ الْمَيْلِ فَتَذَرُوهَا كَالْمُعَلَّقَةِ...
but turn not away (from a woman) altogether so as to leave her (as it were) hanging (in the air).
C639. In this material world there are two principle causes of division between man and wife,
- money and
- "the other woman" or "the other man".
Money was dealt with in the last verse. Here is the case of "the other woman". Legally more than one wife (up to four) are permissible on the condition that the man can be fair and just to all.
But this is a condition almost impossible to fulfil. If, in the hope that he might be able to fulfil it, a man puts himself in that impossible position, it is only right to insist that he should not discard one but at least fulfil all the outward duties that are incumbent on him in respect of her.
... وَإِن تُصْلِحُواْ وَتَتَّقُواْ فَإِنَّ اللّهَ كَانَ غَفُورًا رَّحِيمًا ﴿١٢٩﴾
If ye come to a friendly understanding and practice self-restraint, Allah is Oft-Forgiving, Most Merciful.
وَإِن
يَتَفَرَّقَا
يُغْنِ
اللّهُ
كُلاًّ
مِّن
سَعَتِهِ...
4:130. But if they disagree (and must part), Allah will provide abundance for all from His all-reaching bounty:
... وَكَانَ اللّهُ وَاسِعًا حَكِيمًا ﴿١٣٠﴾
for Allah is He that careth for all and is Wise.
Asad’s Version:
4: 19 …..It is not lawful for you [try to] become heirs to your wives [by holding onto them] against their will [17]; and neither shall you keep them under constraint with a view to taking away anything of what you may have given t hem, unless it be that they have become guilty, in an obvious manner, of immoral conduct [note 18]. And consort with your wives [note 19] in a goodly manner; for if you dislike them, it may well be that you dislike something which God might yet make a source of [note 20] abundant good.
Yusuf Ali O ye who believe! ye are forbidden to inherit women against their will. Nor should ye treat them with harshness that ye may take away part of the dower ye have given them except where they have been guilty of open lewdness; on the contrary live with them on a footing of kindness and equity. If ye take a dislike to them it may be that ye dislike a thing and Allah brings about through it a great deal of good.
Pickthall O ye who believe! It is not lawful for you forcibly to inherit the women (of your deceased kinsmen), nor (that) ye should put constraint upon them that ye may take away a part of that which ye have given them, unless they be guilty of flagrant lewdness. But consort with them in kindness, for if ye hate them it may happen that ye hate a thing wherein Allah hath placed much good.
Transliteration Ya_ ayyuhal lazina a_manu_ la_ yahillu lakum an tarisun nisa_'a karha_(n), wa la_ ta'dulu_hunna litazhabu_ bi ba'di ma_ a_taitumu_hunna illa_ ay ya'tina bi fa_hisyatim mubayyinah(tin), wa'a_syiru_hunna bil ma'ru_f(i), fa in karihtumu_hunna fa 'asa_ an takrahu_ syai'aw wa yaj'alalla_hu fihi khairan kasira_(n).
4: 20
Asad But if you desire to give up a wife and to take another in her stead, do not take away anything of what you have given the first one, however much it may have been [note 21]. Would you, perchance, take it away by slandering her and thus committing a manifest sin [note 22]. And how could you take it away after you have given yourselves to one another, and she has [note 23] received a most solemn pledge from you?
Yusuf Ali But if ye decide to take one wife in place of another even if ye had given the latter a whole treasure for dower take not the least bit of it back: would ye take it by slander and a manifest wrong?
Pickthall And if ye wish to exchange one wife for another and ye have given unto one of them a sum of money (however great), take nothing from it. Would ye take it by the way of calumny and open wrong?
Transliteration Wa in arattumustibda_la zaujim maka_na zauj(iw), wa a_taitum ihda_hunna qinta_ran fala_ ta'khuzu_ minhu syai'a_(n), ata'khuzu_nahu_ buhta_naw wa ismam mubina_(n).
4: 21
Asad And how could you take it away after you have given yourselves to one another, and she has received a most solemn pledge from you?
Yusuf Ali And how could ye take it when ye have gone in unto each other and they have taken from you a solemn covenant?
Pickthall How can ye take it (back) after one of you hath gone in unto the other, and they have taken a strong pledge from you?
Transliteration Wa kaifa ta'khuzu_nahu_ wa qad afda_ ba'dukum ila_ ba'diw wa akhazna minkum misa_qan galiza_(n).
[[ Asad’s notes – 17: According to one of the interpretations advanced by Zamakhshari, this refers to a man’s forcibly keeping an unloved wife – and thus preventing her from marrying another man –in the hope of inheriting her property under the provisions specified in the first sentence of verse 12 above. Some authorities, however, are of the opinion that the meaning is: “It is not lawful for you to inherit women against their will” – thus expressing a prohibition of the pre-Islamic customs of inheriting the wives of deceased near relatives. But in view of the fact that Islam does not permit the “inheriting” of women under any circumstances (and not only “against their will”), the former interpretation is infinitely more plausible.]
18 – In the event that a wife’s immoral conduct has been proven by the direct evidence of four witnesses, as stipulated in verse 15 above, the husband has the right, on divorcing her, to demand the return of the whole or of part of the dower which he gave her at the time when the marriage was contracted, If –as is permissible under Islamic Law – the dower has not been actually handed over to the bride at the time of marriage but was taken the form of a legal obligation on the part of the husband, he is absolved of this obligation in the case of proven immoral conduct on the part of his wife.
19-Lit., “with them”., 20- Lit., “and God might place in it”.
21 - ….The allusion to the “exchange” of one wife for another is a clear indication of the Quranic view that a monogamous marriage is the desirable norm.
22 – I.e., by falsely accusing her of immoral conduct in the hope of regaining her dower (see note 18 above).
23- Lit., “they have” – the reference being to all married women.]]
[[ Ali’s notes - 527 Among many nations, including Arabs in the Days of Ignorance, a step-son or brother took possession of a dead man's widow or widows along with his goods and chattels. This shameful custom is forbidden. See also iv. 22 below. (4.19)
528 Another trick, to detract from the freedom of married women was to treat them badly and force them to sue for a Khul'a divorce (see ii. 229, n. 258) or its equivalent in pre-lslamic custom, when the dower could be claimed back. This is also forbidden. Or the harshness may be exercised in another way: a divorced woman may be prevented by those who have control of her, from remarrying unless she remits her dower. All kinds of harshness are forbidden. (4.19)
529 Treasure: Qintar = a Talent of gold: see iii. 14, first note. (4.20) ]
4: 128 If a wife fears cruelty or desertion on her husband’s part, there is no blame on them if they arrange an amicable settlement between themselves; and such settlement best; even though men’s souls are swayed by greed. But if you do good and practice self-restraint , Allah is well-acquainted with all that you do.
58: 1 - 3 God's ordinance against Zihar method.
4: 129
Asad And it will not be within your power to treat your wives with equal fairness, however much you may desire it [note 147]: and so, do not allow yourselves to include towards one to the exclusion of the other, leaving her in a state, as it were, of having and not having a husband [note 148]. But if you put things to rights and are conscious of Him – behold, God is indeed much-forgiving, a dispenser of grace.
Yusuf Ali Ye are never able to be fair and just as between women even if it is your ardent desire: but turn not away (from a woman) altogether so as to leave her (as it were) hanging (in the air). If ye come to a friendly understanding and practice self-restraint Allah is Oft-Forgiving Most Merciful.
Pickthall Ye will not be able to deal equally between (your) wives, however much ye wish (to do so): But turn not altogether away (from one), leaving her as in suspense. If ye do good and keep from evil, lo! Allah is ever Forgiving, Merciful.
Transliteration Wa lan tastati'u_ an ta'dilu_ bainan nisa_'i wa lau harastum fala_ tamilu_ kullal maili fatazaru_ha_ kal mu'allaqah(ti), wa in tuslihu_ wa tattaqu_ fa innalla_ha ka_na gafu_rar rahima_(n).
[[ Ruby’s notes – I think what is conveyed is that a man cannot love or like all his wives equally, it is natural to have different degrees of inclinations. However, a man must treat them equally and his behavior must be fair and equitable. This would be done as a duty towards God. However, if one thinks it would be difficult for him to behave that way, he should not marry more than one. This is I think an recommendation for monogamy. Polygamy is accepted in Islam in consideration of the predisposition or nature of man and woman and particular situations where it justifies it or necessities it, however, in other majority of situations a man should stay away from practicing polygamy in marriage because that would put him is a spot to commit injustice and unfairness to other human beings. The Quran is alluding to this serious problem of polygamy. Therefore, I think the Quran is recommending monogamy. ]]
[[ Ali’s note -
639 In this material world there are two principle causes of division between man and wife, money and "the other woman" or "the other man". Money was dealt with in the last verse. Here is the case of "the other woman". Legally more than one wife (up to four) are permissible on the condition that the man can be fair and just to all. (4.129)]]
[[ Asad’s note 147 – This refers to case where a man has more than one wife – a permission which is conditional upon his determination and ability to “treat them with equal fairness”, as laid down in verse 3 of this surah. since a man who is fully conscious of his moral responsibility might feel that he is committing a sin if he loves one of his wives more than the other (or others), the above verse provides a “judicial enlightenment” on this point by making it clear that feelings are beyond a human being’s control: in other words, that the required equality of treatment relates only to outward behavior towards and practical dealings with one’s wives. However, in view of the fact that a man’s behavior towards another person is, in the long run, almost inevitably influenced by what he feels about that person, the above passage - read in conjunction with verse3, and especially its concluding sentence – imposes a moral restriction on plural marriages.
148 - ..implying thereby an exlusion of the toehr form all affection – “leaving her, as it were, in suspense (ka’l mu'allaqah)”….. ]]
4: 130
Asad And if husband and wife do separate, God shall provide for each of them out of His abundance (Asad) : For God is He that care for all and is Wise.
Yusuf Ali But if they disagree (and must part) Allah will provide abundance for all from His all-reaching bounty: for Allah is He that care for all and is Wise.
Pickthall But if they separate, Allah will compensate each out of His abundance. Allah is ever All Embracing, All Knowing.
Transliteration Wa iy yatafarraqa_ yugnilla_hu kullam min sa'atih(i), wa ka_nalla_hu wa_si'an hakima_(n).