Al-Baqarah 2:229–242

Divorce is Thrice

This honorable Ayah abrogated the previous practice in the beginning of Islam, when the man had the right to take back his divorced wife even if he had divorced her a hundred times, as long as she was still in her `Iddah (waiting period). This situation was harmful for the wife, and this is why Allah made the divorce thrice, where the husband is allowed to take back his wife after the first and the second divorce (as long as she is still in her `Iddah). The divorce becomes irrevocable after the third divorce, as Allah said:

الطَّلَقُ مَرَّتَانِ فَإِمْسَاكٌ بِمَعْرُوفٍ أَوْ تَسْرِيحٌ بِإِحْسَنٍ

(The divorce is twice, after that, either you retain her on reasonable terms or release her with kindness.)

In his Sunan, Abu Dawud reported in Chapter: "Taking the Wife back after the third (Divorce) is an abrogated practice," that Ibn `Abbas commented on the Ayah:

وَالْمُطَلَّقَتُ يَتَرَبَّصْنَ بِأَنْفُسِهِنَّ ثَلَثَةَ قُرُوءٍ وَلاَ يَحِلُّ لَهُنَّ أَن يَكْتُمْنَ مَا خَلَقَ اللَّهُ فِى أَرْحَامِهِنَّ

(And divorced women shall wait (as regards their marriage) for three menstrual periods, and it is not lawful for them to conceal what Allah has created in their wombs,) (2:228) The man used to have the right to take back his wife even if he had divorced her thrice. Allah abrogated this and said:

الطَّلَقُ مَرَّتَانِ

(The divorce is twice.)

This Hadith was also collected by An-Nasa'i. Ibn Abu Hatim reported that `Urwah said that a man said to his wife, "I will neither divorce you nor take you back." She said, "How" He said, "I will divorce you and when your term of `Iddah nears its end, I will take you back." She went to Allah's Messenger ﷺ and told him what happened, and Allah revealed:

الطَّلَقُ مَرَّتَانِ

(The divorce is twice.)

Ibn Jarir (At-Tabari) also reported this Hadith in his Tafsir.

Allah said:

فَإِمْسَاكٌ بِمَعْرُوفٍ أَوْ تَسْرِيحٌ بِإِحْسَنٍ

(...after that, either you retain her on reasonable terms or release her with kindness.) meaning, `If you divorce her once or twice, you have the choice to take her back, as long as she is still in her `Iddah, intending to be kind to her and to mend differences. Otherwise, await the end of her term of `Iddah, when the divorce becomes final, and let her go her own way in peace, without committing any harm or injustice against her.' `Ali bin Abu Talhah reported that Ibn `Abbas said, "When the man divorces his wife twice, let him fear Allah, regarding the third time. He should either keep her with him and treat her with kindness, or let her go her own way with kindness, without infringing upon any of her rights."

Taking back the Mahr (Dowry)

Allah said:

وَلاَ يَحِلُّ لَكُمْ أَن تَأْخُذُواْ مِمَّآ ءَاتَيْتُمُوهُنَّ شَيْئًا

(And it is not lawful for you (men) to take back (from your wives) any of (the dowry) what you gave them,) meaning, you are not allowed to bother or pressure your wives to end this situation by giving you back the Mahr and any gifts that you have given them (in return for divorce). Similarly, Allah said:

وَلاَ تَعْضُلُوهُنَّ لِتَذْهَبُواْ بِبَعْضِ مَآ ءَاتَيْتُمُوهُنَّ إِلاَّ أَن يَأْتِينَ بِفَاحِشَةٍ مُّبَيِّنَةٍ

(...and you should not treat them with harshness, that you may take away part of what you have given them, unless they commit open illegal sexual intercourse.) (4:19)

However, if the wife willingly gives back anything with a good heart, then Allah said regarding this situation:

فَإِن طِبْنَ لَكُمْ عَن شَىْءٍ مِّنْهُ نَفْساً فَكُلُوهُ هَنِيئاً مَّرِيئاً

(...but if they, of their own good pleasure, remit any part of it to you, take it, and enjoy it without fear of any harm.) (4:4)

Allowing Khul` and the Return of the Mahr in that Case

When the spouses have irreconcilable differences wherein the wife ignores the rights of the husband, dislikes him and becomes unable to live with him any longer, she is allowed to free herself (from married life) by giving him back what he had given her (in gifts and Mahr). There is no sin on her in this case nor on him if he accepts such offer. This is why Allah said:

وَلاَ يَحِلُّ لَكُمْ أَن تَأْخُذُواْ مِمَّآ ءَاتَيْتُمُوهُنَّ شَيْئًا إِلاَّ أَن يَخَافَآ أَلاَّ يُقِيمَا حُدُودَ اللَّهِ فَإِنْ خِفْتُمْ أَلاَّ يُقِيمَا حُدُودَ اللَّهِ فَلاَ جُنَاحَ عَلَيْهِمَا فِيمَا افْتَدَتْ بِهِ

(And it is not lawful for you (men) to take back (from your wives) any of what you gave them, except when both parties fear that they would be unable to keep the limits ordained by Allah (e.g., to deal with each other on a fair basis). Then if you fear that they would not be able to keep the limits ordained by Allah, then there is no sin on either of them if she gives back.)

Sometimes, the woman has no valid reason, and she still asks for her marriage to be ended. In this case, Ibn Jarir reported that Thawban said that Allah's Messenger ﷺ said:

«أَيُّمَا امْرَأَةٍ سَأَلَتْ زَوْجَهَا طَلَاقًا فِي غَيْرِ مَا بَأْسٍ، فَحَرَامٌ عَلَيْهَا رَائِحَةُ الْجَنَّة»

(Any woman who asks her husband for divorce without justification, then the scent of Paradise will be forbidden for her.)

At-Tirmidhi recorded this Hadith and stated that it is Hasan.

Ibn Jarir said that the Ayah (2:229) was revealed about Thabit bin Qays bin Shammas and his wife Habibah bint `Abdullah bin Ubayy bin Salul. In his Muwatta', Imam Malik reported that Habibah bint Sahl Al-Ansariyah was married to Thabit bin Qays bin Shammas and that Allah's Messenger ﷺ once went to the Fajr (Dawn) prayer and found Habibah bint Sahl by his door in the dark. Allah's Messenger ﷺ said, "Who is this" She said, "I am Habibah bint Sahl, O Messenger of Allah ﷺ!" He said, "What is the matter" She said, "I and Thabit bin Qays", meaning, (she can no longer be with) her husband. When her husband Thabit bin Qays came, Allah's Messenger ﷺ said to him:

«هذِهِ حَبِيبَةُ بِنْتُ سَهْلٍ قَدْ ذَكَرَتْ مَا شَاءَ اللهُ أَنْ تَذْكُر»

(This is Habibah bint Sahl, she said what Allah has permitted her to say.)

Habibah also said, "O Messenger of Allah ﷺ! I still have everything he gave me." Allah's Messenger ﷺ said:

«خُذْ مِنْهَا»

(Take it from her.) So, he took it from her, and she remained in her family's house."

This was reported by Ahmad, Abu Dawud and An-Nasai.

Al-Bukhari reported that Ibn `Abbas said that the wife of Thabit bin Qays bin Shammas came to the Prophet and said, "O Messenger of Allah ﷺ! I do not criticize his religion or mannerism. But I hate committing Kufr in Islam (by ignoring his rights on her)." Allah's Messenger ﷺ said:

«أَتَرُدِّينَ عَلَيهِ حَدِيقَتَه»

(Will you give him back his garden?)

She said, "Yes." Allah's Messenger ﷺ said:

«اقْبَلِ الْحَدِيقَةَ وَطَلِّقْهَا تَطْلِيقَة»

(Take back the garden and divorce her once.)

An-Nasa'i also recorded it.

The `Iddah (Waiting Period) for the Khul"

At-Tirmidhi reported that Rubayi` bint Mu`awwidh bin `Afra' got a Khul` during the time of Allah's Messenger ﷺ and the Prophet ordered her to wait for one menstruation period for `Iddah.

Transgressing the set limits of Allah is an Injustice

Allah said:

تِلْكَ حُدُودُ اللَّهِ فَلاَ تَعْتَدُوهَا وَمَن يَتَعَدَّ حُدُودَ اللَّهِ فَأُوْلَئِكَ هُمُ الظَّلِمُونَ

(These are the limits ordained by Allah, so do not transgress them. And whoever transgresses the limits ordained by Allah, then such are the wrongdoers.)

This means that the laws that Allah has legislated are His set limits, so do not transgress them. An authentic Hadith states:

«إِنَّ اللهَ حَدَّ حُدُودًا فَلَا تَعْتَدُوهَا، وفَرَضَ فَرَائِضَ فَلَا تُضَيِّعُوهَا، وحَرَّمَ مَحَارِمَ فَلَا تَنْتَهِكُوهَا، وَسَكَتَ عَنْ أَشْيَاءَ رَحْمَةً لَكُمْ مِنْ غَيْرِ نِسْيَانٍ فَلَا تَسْأَلُوا عَنْهَا»

(Allah has set some limits, so do not transgress them; and commanded some commands, so do not ignore them; and made some things unlawful, so do not commit them. He has also left some matters (without rulings) as a mercy with you, not because He has forgotten them, so do not ask about them.)

Pronouncing Three Divorces at the same Time is Unlawful

The last Ayah we mentioned was used as evidence to prove that it is not allowed to pronounce three divorces at one time. What further proves this ruling is that Mahmud bin Labid has stated - as An-Nasa'i recorded - that Allah's Messenger ﷺ was told about a man who pronounced three divorces on his wife at one time, so the Prophet stood up while angry and said:

«أَيُلْعَبُ بِكِتَابِ اللهِ وَأَنَا بَيْنَ أَظْهُرِكُم؟»

(The Book of Allah is being made the subject of jest while I am still amongst you)

A man then stood up and said, "Should I kill that man, O Messenger of Allah ﷺ"

The Wife cannot be taken back after the Third Divorce

Allah said:

فَإِن طَلَّقَهَا فَلاَ تَحِلُّ لَهُ مِن بَعْدُ حَتَّى تَنْكِحَ زَوْجًا غَيْرَهُ

(And if he has divorced her (the third time), then she is not lawful for him thereafter until she has married another husband.)

This Ayah indicates that if the man divorces his wife for the third time after he divorced her twice, then she will no longer be allowed for marriage to him. Allah said:

حَتَّى تَنْكِحَ زَوْجًا غَيْرَهُ

(...until she has married another husband.) meaning, until she legally marries another man. For instance, if she has sexual intercourse with any man, even her master (if she was a servant), she would still be ineligible for marriage for her ex-husband (who divorced her thrice), because whomever she had sexual relations with was not her legal husband. If she marries a man without consummating the marriage, she will not be eligible for her ex-husband. Muslim reported that `A'ishah said that Allah's Messenger ﷺ was asked about a woman who marries a man who thereafter divorces her (thrice). She then marries another man and he divorces her before he has sexual relations with her, would she be allowed for her first husband Allah's Messenger ﷺ said:

«لَا، حَتَّى يَذُوقَ عُسَيْلَتَهَا»

(No, until he enjoys her `Usaylah (sexual relation).) Al-Bukhari also reported this Hadith.

Imam Ahmad recorded that `A'ishah said, "The wife of Rifa`ah Al-Qurazi came while I and Abu Bakr were with the Prophet and she said, `I was Rifa`ah's wife, but he divorced me and it was an irrevocable divorce. Then I married `Abdur-Rahman bin Az-Zubayr, but his sexual organ is minute like a string.' She then took a small string of her garment (to resemble how small his sexual organ was). Khalid bin Sa`id bin Al-`As, who was next to the door and was not yet allowed in, said, `O Abu Bakr! Why do you not forbid this (woman) from what she is revealing frankly before the Prophet' The Prophet merely smiled. Then, Allah's Messenger ﷺ asked her:

«كَأَنَّكِ تُرِيدِينَ أَنْ تَرْجِعِي إِلى رِفَاعَةَ، لَا، حَتَّى تَذُوقِي عُسَيْلَتَهُ، وَيَذُوقَ عُسَيْلَتَك»

(Do you want to remarry Rifa`ah You cannot unless you experience his `Usaylah and he experiences your `Usaylah (i.e., had a complete sexual relation with your present husband.))"

Al-Bukhari, Muslim, and An-Nasa'i also recorded this Hadith. Muslim's wording is "Rifa`ah divorced his wife for the third and final time."

The word `Usaylah mentioned in the Hadith means sexual intercourse. Imam Ahmad and An-Nasa'i reported that `A'ishah said that Allah's Messenger ﷺ said:

«أَلَا إِنَّ الْعُسَيْلَةَ الْجِمَاع»

(`Usaylah is sexual intercourse.)

The Curse on the Participants of Tahlil/Halalah

The reason for the woman (who was divorced thrice) to marry another man must be that the man desires her and has the intention of having an extended married life with her. These are the legal goals and aims behind marriage. If the reason behind the second marriage was to make the woman eligible for her ex-husband again, then this is the Tahlil that the Hadiths have cursed and criticized. In addition, when the reason behind this marriage (if it was Tahlil) is announced in the contract, it would make the contract invalid according to the majority of the scholars.

Imam Ahmad reported that `Abdullah bin Mas`ud said, "Allah's Messenger ﷺ cursed the one who does Tahlil, the one in whose favor it is done, those who eat Riba (usury) and those who feed it (pay the usury)." At-Tirmidhi and An-Nasa'i reported this Hadith and At-Tirmidhi said, "This Hadith is Hasan." He said, "This is what is acted upon according to people of knowledge among the Companions, among whom are `Umar, `Uthman and Ibn `Umar. It was also the saying of the scholars of Fiqh among the Tabi`in (second generation of Islam). And it has been reported from `Ali, Ibn Mas`ud and Ibn `Abbas".

In his Mustadrak, Al-Hakim reported that Nafi` said: "A man came to Ibn `Umar and asked him about a man who divorced his wife three times. Then, his brother married her to make Tahlil for his brother, without the brother knowing this fact. He then asked, "Is she allowed for the first (husband)" He said, "No, unless it is a marriage that involves desire. We used to consider this an act of adultery during the time of Allah's Messenger ﷺ." Al-Hakim said, "This Hadith has a Sahih chain although they (Al-Bukhari and Muslim) did not record it."The wording of this Hadith indicates that the ruling came from the Prophet . Abu Bakr bin Abu Shaybah, Al-Jawzjani, Harb Al-Kirmani and Abu Bakr Al-Athram said that Qabisah bin Jabir said that `Umar said, "If the participants to Tahlil are brought to me, I will have them stoned."

When does a Woman who was divorced Three Times become Eligible for Her First Husband

Allah said:

فَإِن طَلَّقَهَا

(And if he has divorced her) meaning, the second husband after he had complete sexual relations with her,

فَلاَ جُنَاحَ عَلَيْهِمَآ أَن يَتَرَاجَعَآ

(it is no sin on both of them that they reunite) meaning, the wife and her first husband,

إِن ظَنَّآ أَن يُقِيمَا حُدُودَ اللَّهِ

(provided they feel that they can keep the limits ordained by Allah.) meaning, they live together honorably. Mujahid said, "If they are convinced that the aim behind their marriage is honorable." Next, Allah said:

وَتِلْكَ حُدُودُ اللَّهِ

(These are the limits of Allah,) His commandments and legislation,

يُبَيِّنُهَا

(He makes plain)

لِقَوْمٍ يَعْلَمُونَ

(for the people who have knowledge.)

Being Kind to the Divorced Wife

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:

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 آيَتِ 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 ﷺ once became angry at the Ash`ari tribe. Abu Musa went to him and said, "O Messenger of Allah ﷺ! 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 آيَتِ 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 الْكِتَبِ 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.

The Wali (Guardian) of the Divorced Woman should not prevent Her from going back to Her Husband

`Ali bin Abu Talhah reported that Ibn `Abbas said, "This Ayah was revealed about the man who divorces his wife once or twice and her `Iddah finishes. He later thinks about taking her back in marriage and the woman also wishes that, yet, her family prevents her from remarrying him. Hence, Allah prohibited her family from preventing her." Masruq, Ibrahim An-Nakha`i, Az-Zuhri and Ad-Dahhak stated that this is the reason behind revealing the Ayah (2:232). These statements clearly conform to the apparent meaning of the Ayah.

There is no Marriage without a Wali (for the Woman)

The Ayah (2:232) also indicates that the woman is not permitted to give herself in marriage. Rather, she requires a Wali (guardian such as her father, brother, adult son, and so forth) to give her away in marriage, as Ibn Jarir and At-Tirmidhi have stated when they mentioned this Ayah. Also, a Hadith states that:

«لَا تُزَوِّجُ الْمَرْأةُ الْمَرْأَةَ، ولَا تُزَوِّج الْمَرأةُ نَفْسَهَا، فَإِنَّ الزَّانِيَةَ هِيَ الَّتِي تُزَوِّجُ نَفْسَهَا»

(The woman does not give another woman away for marriage and the woman does not give herself away in marriage, for only the adulteress gives herself away for marriage.)

Another Hadith states:

«لَا نِكَاحَ إلَّا بِوَلِيَ مُرْشِدٍ وَشَاهِدَيْ عَدْل»

(No marriage is valid except with the participation of a mature Wali and two trustworthy witnesses.)

The Reason behind revealing the Ayah (2:232)

It was reported that this Ayah was revealed about Ma`qil bin Yasar Al-Muzani and his sister. Al-Bukhari reported in his Sahih, when he mentioned the Tafsir of this Ayah (2:232), that the husband of the sister of Ma`qil bin Yasar divorced her. He waited until her `Iddah finished and then asked to remarry her, but Ma`qil refused. Then, this Ayah was sent down:

فَلاَ تَعْضُلُوهُنَّ أَن يَنكِحْنَ أَزْوَجَهُنَّ

(...do not prevent them from marrying their (former) husbands.)

Abu Dawud, At-Tirmidhi, Ibn Abu Hatim, Ibn Jarir and Ibn Marduwyah and Al-Bayhaqi reported this Hadith from Al-Hasan from Ma`qil bin Yasar. At-Tirmidhi rendered this Hadith authentic and in his narration, Ma`qil bin Yasar gave his sister in marriage for a Muslim man during the time of Allah's Messenger ﷺ. She remained with him for a while and he divorced her once and did not take her back until her `Iddah finished. They then wanted to get back with each other and he came to ask her for marriage. Ma`qil said to him, "O ungrateful one! I honored you and married her to you but you divorced her. By Allah! She will never be returned to you." But Allah knew his need for his wife and her need for her husband and He revealed:

وَإِذَا طَلَّقْتُمُ النِّسَآءَ فَبَلَغْنَ أَجَلَهُنَّ

(And when you have divorced women and they have fulfilled the term of their prescribed period, ) until He said:

وَأَنتُمْ لاَ تَعْلَمُونَ

(...and you know not.)

When Ma`qil heard the Ayah, he said, "I hear and obey my Lord." He then summoned the man and said, "I will honor you and let you remarry (my sister)." Ibn Marduwyah added (that Ma`qil said), "And will pay (the expiation) for breaking my vow."

Allah said:

ذلِكَ يُوعَظُ بِهِ مَن كَانَ مِنكُمْ يُؤْمِنُ بِاللَّهِ وَالْيَوْمِ الاٌّخِرِ

(This (instruction) is an admonition for him among you who believes in Allah and the Last Day.) meaning, prohibiting you from preventing the women from marrying their ex-husbands, if they both agree to it,

مَن كَانَ مِنكُمْ

(among you) O people,

يُؤْمِنُ بِاللَّهِ وَالْيَوْمِ الاٌّخِرِ

(who believes in Allah and the Last Day.) meaning, believes in Allah's commandments and fears His warnings and the torment in the Hereafter. Allah said:

ذلِكُمْ أَزْكَى لَكُمْ وَأَطْهَرُ

(That is more virtuous and purer for you.) meaning, obeying Allah's Law by returning the women to their ex-husbands, and abandoning your displeasure, is purer and cleaner for your hearts,

وَاللَّهُ يَعْلَمُ

(Allah knows) the benefits you gain from what He commands and what He forbids.

وَأَنتُمْ لاَ تَعْلَمُونَ

(and you know not) the benefits in what you do or what you refrain from doing.

The Suckling Period is only Two Years

This is a direction from Allah to the mothers to suckle their infants through the complete term of suckling, which is two years. Hence, suckling after two years is not included in this address. Allah said:

لِمَنْ أَرَادَ أَن يُتِمَّ الرَّضَاعَةَ

(...who desire to complete the term of suckling,)

Therefore, the suckling that establishes Tahrim (prohibition, i.e., one cannot marry his mother or sister from suckling) is what occurs before the two years end. If the infant is suckled only after two years of age, then no Tahrim will be established. At-Tirmidhi under Chapter: `Suckling establishes Tahrim within the first two years,' reported that Umm Salamah narrated that Allah's Messenger ﷺ said:

«لَا يَحْرُمُ مِنَ الرَّضَاعِ إِلَّا مَا فَتَقَ الْأَمْعَاءَ فِي الثَّدْيِ وَكَانَ قَبْلَ الْفِطَام»

(Suckling establishes Tahrim if it is on the breast and before Fitam (before weaning, i.e., before the end of the first two years).)

At-Tirmidhi said, "This Hadith is Hasan Sahih. The majority of the people of knowledge among the Companions of Allah's Messenger ﷺ and others acted upon this, that is that suckling establishes Tahrim (prohibition in marriage) before the end of the two years and that whatever occurs after that does not establish Tahrim". At-Tirmidhi is alone in recording this Hadith and the narrators in its chain meet the criteria of the Sahihayn. The Prophet's statement:

«إِلَّا مَا كَانَ فِي الثَّدْي»

(On the breast) refers to the organ of suckling before the two years. Imam Ahmad reported a Hadith in which Al-Bara' bin `Azib narrated, "When Ibrahim, the Prophet's son, died, the Prophet said:

«إِنَّ ابْنِي مَاتَ فِي الثَّدْيِ، إِنَّ لَهُ مُرْضِعًا فِي الْجَنَّة»

(My son has died on the breast and he has someone to suckle him in Paradise.)

Furthermore, Ad-Daraqutni related that Ibn `Abbas said that Allah's Messenger ﷺ said:

«لَا يَحْرُمُ مِنَ الرَّضَاعِ إِلَّا مَا كَانَ فِي الْحَوْلَيْن»

(Suckling establishes Tahrim only within the (first) two years.)

Imam Malik reported this Hadith from Thawr bin Zayd who narrated that Ibn `Abbas related it to the Prophet . Ad-Darawardi reported this Hadith from Thawr who narrated it from `Ikrimah who narrated it from Ibn `Abbas. In this narration, which is more authentic, he added:

«وَمَا كَانَ بَعْدَ الْحَوْلَيْنِ فَليْسَ بِشَيْء»

(Whatever occurs after the two years is not considered.)

Suckling beyond the Two Years

It is reported in the Sahih that `A'ishah thought that if a woman gives her milk to an older person (meaning beyond the age of two years) then this will establish Tahrim. This is also the opinion of `Ata' bin Abu Rabah and Layth bin Sa`d. Hence, `A'ishah thought that it is permissible to suckle the man whom the woman needs to be allowed in her house. She used as evidence the Hadith of Salim, the freed slave of Abu Hudhayfah, where the Prophet ordered Abu Hudhayfah's wife to give some of her milk to Salim, although he was a man, and ever since then, he used to enter her house freely. However, the rest of the Prophet's wives did not agree with this opinion and thought that this was only a special case. This is also the opinion of the majority of the scholars.

Suckling for Monetary Compensation

Allah said:

وَعلَى الْمَوْلُودِ لَهُ رِزْقُهُنَّ وَكِسْوَتُهُنَّ بِالْمَعْرُوفِ

(...but the father of the child shall bear the cost of the mother's food and clothing on a reasonable basis.) meaning, the father of the baby is obliged to provide for the expenses of the mother and to buy her clothes, in reasonable amounts usually used by similar women in that area, without extravagance or stinginess. The father spends within his means in this case. Allah said in another Ayah:

لِيُنفِقْ ذُو سَعَةٍ مِّن سَعَتِهِ وَمَن قُدِرَ عَلَيْهِ رِزْقُهُ فَلْيُنفِقْ مِمَّآ ءَاتَاهُ اللَّهُ لاَ يُكَلِّفُ اللَّهُ نَفْساً إِلاَّ مَآ ءَاتَاهَا سَيَجْعَلُ اللَّهُ بَعْدَ عُسْرٍ يُسْراً

(Let the rich man spend according to his means; and the man whose resources are restricted, let him spend according to what Allah has given him. Allah puts no burden on any person beyond what He has given him. Allah will grant after hardship, ease.) (65:7)

Ad-Dahhak commented, "If the husband divorces his wife, with whom he had a child, and she suckles that child, he is required to provide for the mother's expenses and clothes within reason."

No Darar (Harm) or Dirar (Revenge)

Allah said:

لاَ تُضَآرَّ وَلِدَةٌ بِوَلَدِهَا

(No mother shall be treated unfairly on account of her child,) meaning, the mother should not decline to rear her child to harm its father. The mother does not have the right to refrain from suckling the child after giving birth, unless she suckles him/her the milk that is necessary for his/her survival. Later on, she is allowed to give up custody of the child as long as she does not do that intending to harm the father. In addition, the father is not allowed to take the child from his mother to harm the mother. This is why Allah said:

وَلاَ مَوْلُودٌ لَّهُ بِوَلَدِهِ

(...nor father on account of his child.) meaning, by taking the child from its mother intending to harm the mother. This is the Tafsir of Mujahid, Qatadah, Ad-Dahhak, Az-Zuhri, As-Suddi, Ath-Thawri and Ibn Zayd, and others on this Ayah.

Allah then said:

وَعَلَى الْوَارِثِ مِثْلُ ذلِكَ

(And on the (father's) heir is incumbent the like of that (which was incumbent on the father).) meaning, by refraining from harming the relative (of the father, i.e., his infant), as Mujahid, Ash-Sha`bi and Ad-Dahhak stated. It was also reported that (the Ayah requires) the inheritor (of the father) to spend on the mother of the child, just as the father was spending, and to preserve her rights and refrain from harming her, according to the Tafsir of the majority of the scholars. We should state that Ibn Jarir has explained this subject in detail in his Tafsir and that he also stated that suckling the child after the second year might harm the child's body and mind. Sufyan Ath-Thawri narrated that `Alqamah asked a woman who was suckling her child after the second year ended, not to do that.

Fitam (weaning) occurs by Mutual Consent

Allah said:

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 sin on them.)

This Ayah indicates that if the father and the mother decide on the Fitam (weaning) before the two years (of suckling) end, and for a benefit that they duly discuss and agree upon, then there is no sin in this case. So, the Ayah indicates that one parent is not allowed to make this kind of decision without duly consulting the other parent, as stated by Ath-Thawri. The method of mutual consultation protects the child's interests. It is also a mercy from Allah to His servants, for He has legislated the best method for parents to rear their children, and His legislation guides and directs the parents and the children to success. Similarly, Allah said in Surat At-Talaq (chapter 65 in the Qur'an):

فَإِنْ أَرْضَعْنَ لَكُمْ فََاتُوهُنَّ أُجُورَهُنَّ وَأْتَمِرُواْ بَيْنَكُمْ بِمَعْرُوفٍ وَإِن تَعَاسَرْتُمْ فَسَتُرْضِعُ لَهُ أُخْرَى

(Then if they give suck to the children for you, give them their due payment, and let each of you accept the advice of the other in a just way. But if you make difficulties for one another, then some other woman may give suck for him (the father of the child).) (65:6)

Allah then said:

وَإِنْ أَرَدتُّمْ أَن تَسْتَرْضِعُواْ أَوْلَدَكُمْ فَلاَ جُنَاحَ عَلَيْكُمْ إِذَا سَلَّمْتُم مَّآ ءَاتَيْتُم بِالْمَعْرُوفِ

(And if you decide on a foster suckling-mother for your children, there is no sin on you, provided you pay (the mother) what you agreed (to give her) on a reasonable basis.) meaning, if the mother and the father both agree that the father assumes custody of the child due to a circumstance that compels her or allows him to do so, then there is no sin in this case. Hence, the mother is allowed to give up the child and the father is allowed to assume custody of the child. The father should kindly give the mother her expenses for the previous period (during which she reared and suckled the child), and he should seek other women to suckle his child for monetary compensation. Thereafter, Allah said:

وَاتَّقُواْ اللَّهَ

(And fear Allah) meaning, in all of your affairs,

وَاعْلَمُواْ أَنَّ اللَّهَ بِمَا تَعْمَلُونَ بَصِيرٌ

(And know that Allah is All-Seer of what you do.) meaning, none of your affairs or speech escapes His perfect Watch.

The `Iddah (Waiting Period) of the Widow

This Ayah contains a command from Allah to the wives whose husbands die, that they should observe a period of `Iddah of four months and ten nights, including the cases where the marriage was consummated or otherwise, according to the consensus (of the scholars).

The proof that this ruling includes the case where the marriage was not consummated is included in the general meaning of the Ayah. In a narration recorded by Imam Ahmad and the compilers of the Sunan, which At-Tirmidhi graded Sahih, Ibn Mas`ud was asked about a man who married a woman, but he died before consummating the marriage. He also did not appoint a Mahr (dowry) for her. They kept asking Ibn Mas`ud about this subject until he said, "I shall give you my own opinion, and if it is correct then it is from Allah, while if it is wrong it is because of my error and because of (the evil efforts of) Satan. In this case, Allah and His Messenger are innocent of my opinion. She has her full Mahr." In another narration, Ibn Mas`ud said, "She has a similar Mahr to that of the women of her status, without stinginess or extravagance." He then continued, "She has to spend the `Iddah and has a right to the inheritance." Ma`qil bin Yasar Ashja`i then stood up and said, "I heard Allah's Messenger ﷺ issue a similar judgment for the benefit of Barwa` bint Washiq." `Abdullah bin Mas`ud became very delighted upon hearing this statement. In another narration, several men from Ashja` (tribe) stood up and said, "We testify that Allah's Messenger ﷺ issued a similar ruling for the benefit of Barwa` bint Washiq."

As for the case of the widow whose husband dies while she is pregnant, her term of `Iddah ends when she gives birth, even if it occurs an instant (after her husband dies). This ruling is taken from Allah's statement:

وَأُوْلَتُ الاٌّحْمَالِ أَجَلُهُنَّ أَن يَضَعْنَ حَمْلَهُنَّ

(And for those who are pregnant, their `Iddah is until they lay down their burden.) (65:4)

There is also a Hadith from Subay`ah Al-Aslamiyah in the Two Sahihs, through various chains of narration. Her husband, Sa`d bin Khawlah, died while she was pregnant and she gave birth only a few nights after his death. When she finished her Nifas (postnatal period), she beautified herself for those who might seek to engage her (for marriage). Then, Abu Sanabil bin Ba`kak came to her and said, "Why do I see you beautified yourself, do you wish to marry By Allah! You will not marry until the four months and ten nights have passed." Subay`ah said, "When he said that to me, I collected my garments when night fell and went to Allah's Messenger ﷺ and asked him about this matter. He said that my `Iddah had finished when I gave birth and allowed me to get married if I wished."

The Wisdom behind legislating the `Iddah

Sa`id bin Musayyib and Abu Al-`Aliyah stated that the wisdom behind making the `Iddah of the widow four months and ten nights is that the womb might contain a fetus. When the woman waits for this period, it will become evident if she is pregnant. Similarly, there is a Hadith in the Two Sahihs narrated by Ibn Mas`ud stating:

«إنَّ خَلْقَ أَحَدِكُمْ يُجْمَعُ فِي بَطْنِ أُمِّهِ أَرْبَعِينَ يَوْمًا نُطْفَةً، ثُمَّ يَكُونُ عَلَقَةً مِثْلَ ذلِكَ، ثُمَّ يَكُونُ مُضْغَةً مِثْلَ ذلِكَ، ثُمَّ يُبْعَثُ إِلَيْهِ الْمَلَكُ فَيَنْفُخُ فِيهِ الرُّوح»

((The creation of) a human being is put together in the womb of his mother in forty days in the form of a seed, and next he becomes a clot of thick blood for a similar period, and next a morsel of flesh for a similar period. Then, Allah sends an angel who is ordered to breathe life unto the fetus.)

So, these are four months and ten more days to be sure, as some months are less (than thirty days), and the fetus will then start to show signs of life after the soul has been breathed into it. Allah knows best.

The `Iddah of the Slave Mother whose Master dies

We should state here that the `Iddah of the slave mother is the same in the case of death, as the `Iddah of the free woman. Imam Ahmad reported that `Amr bin Al-`As said, "Do not confuse the Sunnah of our Prophet for us. The `Iddah of the mother, who is also a servant, when her master dies, is four months and ten nights."

Mourning is required during the `Iddah of Death

Allah said:

فَإِذَا بَلَغْنَ أَجَلَهُنَّ فَلاَ جُنَاحَ عَلَيْكُمْ فِيمَا فَعَلْنَ فِى أَنفُسِهِنَّ بِالْمَعْرُوفِ وَاللَّهُ بِمَا تَعْمَلُونَ خَبِيرٌ

(...then when they have fulfilled their term, there is no sin on you if they (the wives) dispose of themselves in a (just and) honorable manner (i.e., they can marry). And Allah is well-acquainted with what you do.)

This Ayah indicates that mourning for the dead husband is required until the `Iddah is finished. It is also reported in the Two Sahihs that Umm Habibah and Zaynab bint Jahsh narrated that Allah's Messenger ﷺ said:

«لَا يَحِلُّ لِامْرَأَةٍ تُؤْمِنُ بِاللهِ وَالْيَوْم الآخِر أن تُحِدَّ عَلى مَيِتٍ فَوْقَ ثَلَاثٍ، إِلَّا عَلى زَوْجٍ أَرْبَعَةَ أَشْهُرٍ وَعَشْرًا»

(It is not lawful for a woman who believes in Allah and the Last Day to mourn for more than three days for any dead person except her husband, for whom she mourns for four months and ten days.)

It is reported in the Two Sahihs that Umm Salamah said that a woman said, "O Messenger of Allah ﷺ! My daughter's husband died and she is complaining about her eye, should we administer kohl in her eye" He said, "No," several times upon repeating this question. He then said:

«إنَّمَا هِيَ أَرْبَعَةُ أَشْهُرٍ وَعَشْرٌ، وَقَدْ كَانَتْ إِحْدَاكُنَّ فِي الْجَاهِلِيَّةِ تَمْكُثُ سَنَة»

(It is four months and ten (nights)! During the Jahiliyyah, one of you would mourn for an entire year.)

Zaiynab the daughter of Umm Salamah said (about the pre-Islamic era of ignorance), "When the woman's husband died, she would go into seclusion and would wear the worst clothes she has. She would refrain from wearing perfume or any adornments until a year passed. She would then come out of seclusion and would be given dung that she would throw. Then an animal would be brought out, a donkey, a sheep, or a bird. Then some blood would be drained from it, usually resulting in its death."

In short, the mourning required from a wife whose husband dies, includes not using beautification aids, such as wearing perfume and the clothes and jewelry that encourage the men to seek marriage from the woman. All widows must observe this period of mourning whether they are young, old, free, servant, Muslim or disbeliever, as the general meaning of the Ayah indicates.

Allah also said:

فَإِذَا بَلَغْنَ أَجَلَهُنَّ

(...then when they have fulfilled their term) meaning, when the `Iddah finishes, according to Ad-Dahhak and Ar-Rabi` bin Anas.

فَلاَ جُنَاحَ عَلَيْكُمْ

(there is no sin on you) Az-Zuhri said, "Meaning her Wali (guardian)."

فِيمَا فَعَلْنَ

(if they (the wives) dispose) meaning, the women whose `Iddah has finished. Al-`Awfi said that Ibn `Abbas said, "If the woman is divorced or if her husband dies and then her `Iddah term ends, there is no sin that she beautifies herself, so that she becomes ready for marriage proposals. This is the way `that is just and honorable'." It was reported that Muqatil bin Hayyan gave the same explanation. Ibn Jurayj related that Mujahid said:

فَلاَ جُنَاحَ عَلَيْكُمْ فِيمَا فَعَلْنَ فِى أَنفُسِهِنَّ بِالْمَعْرُوفِ

(...there is no sin on you if they (the wives) dispose of themselves in a just and honorable manner.) "refers to allowed and pure (honorable) marriage." It was also reported that Al-Hasan, Az-Zuhri and As-Suddi said the same.

Mentioning Marriage indirectly during the `Iddah

Allah said:

(And there is no sin on you) meaning, to indirectly mention marriage to the widow during the term of `Iddah for her deceased husband. Ath-Thawri, Shu`bah and Jarir stated that Ibn `Abbas said:

(And there is no sin on you if you make a hint of betrothal) "means saying, `I want to marry and I am looking for a woman whose qualities are such and such,' thus talking to her in general terms in a way that is better." In another narration (by Ibn `Abbas), "Saying, `I wish that Allah endows me with a wife,' but he should not make a direct marriage proposal." Al-Bukhari reported that Ibn `Abbas said that the Ayah:

(And there is no sin on you if you make a hint of betrothal) means, "The man could say, `I wish to marry,' `I desire a wife,' or, `I wish I could find a good wife'." Mujahid, Tawus, `Ikrimah, Sa`id bin Jubayr, Ibrahim An-Nakha`i, Ash-Sha`bi, Al-Hasan, Qatadah, Az-Zuhri, Yazid bin Qusayt, Muqatil bin Hayyan and Al-Qasim bin Muhammad and several others among the Salaf and the Imams said that one is allowed to mention marriage indirectly to the woman whose husband died. It is also allowed to indirectly mention marriage to a woman who had gone through final, irrevocable divorce. The Prophet ordered Fatimah bint Qays to remain in the house of Ibn Umm Maktum for `Iddah when her husband Abu `Amr bin Hafs divorced her for the third time. He said to her:

(Inform me when your `Iddah term ends.)

When she finished the `Iddah, Usamah bin Zayd, the Prophet's freed slave asked to marry her, and the Prophet married her to him. As for the divorced wife (not irrevocably divorced), there is no disagreement that it is not allowed for other than her husband to mention marriage proposals to her directly or indirectly (before the `Iddah finishes). Allah knows best.

Allah said:

(...or conceal it in yourself,) meaning, if you hide the intention of seeking marriage with them. Similarly, Allah said:

(And your Lord knows what their breasts conceal, and what they reveal) (28:69) and:

(...while I am All-Aware of what you conceal and what you reveal.) (60: 1) So, Allah said here:

(Allah knows that you will remember them) meaning, in your hearts, so He made it easy for you. Allah then said:

(...but do not make a promise (of contract) with them in secret)

`Ali bin Abu Talhah reported that Ibn `Abbas said that

(but do not make a promise (of contract) with them in secret) means do not say to her, "I am in love (with you)," or, "Promise me you will not marry someone else (after the `Iddah finishes)," and so forth. Sa`id bin Jubayr, Ash-Sha`bi, `Ikrimah, Abu Ad-Duha, Ad-Dahhak, Az-Zuhri, Mujahid and Ath-Thawri said that it (meaning of the Ayah) means taking the woman's promise not to marry someone else.

Afterwards, Allah said:

(...except that you speak an honorable saying.)

Ibn `Abbas, Mujahid, Sa`id bin Jubayr, As-Suddi, Ath-Thawri and Ibn Zayd said that the Ayah means to indirectly refer to marriage, such as saying, "I desire someone like you." Muhammad bin Sirin said: I asked `Ubaydah about the meaning of Allah's statement:

(. ..except that you speak an honorable saying.) He said, "He says to her Wali, `Do not give her away (in marriage) until you inform me first'." This statement was narrated by Ibn Abu Hatim.

Allah then said:

(And do not be determined on the marriage bond until the term prescribed is fulfilled.) meaning, do not make marriage contracts before the `Iddah finishes. Ibn `Abbas, Mujahid, Ash-Sha`bi, Qatadah, Ar-Rabi` bin Anas, Abu Malik, Zayd bin Aslam, Muqatil bin Hayyan, Az-Zuhri, `Ata' Al-Khurasani, As-Suddi, Ath-Thawri and Ad-Dahhak said that:

(until the term prescribed is fulfilled.) means, `Do not consummate the marriage before the `Iddah term finishes.' The scholars agree that marriage contracts during the `Iddah are invalid.

Allah then said:

(And know that Allah knows what is in your minds, so fear Him.) warning the men against the ideas they conceal in their hearts about women, directing them to think good about them rather than the evil, and Allah would not let them despair of His mercy, as He said:

(And know that Allah is Oft-Forgiving, Most Forbearing.)

Divorce before consummating the Marriage

Allah allowed divorce after the marriage contract and before consummating the marriage. Ibn `Abbas, Tawus, Ibrahim and Al-Hasan Al-Basri said that `touched' (mentioned in the Ayah) means sexual intercourse. The husband is allowed to divorce his wife before consummating the marriage or giving the dowry if it was deferred.

The Mut`ah (Gift) at the time of Divorce

Allah commands the husband to give the wife (whom he divorces before consummating the marriage) a gift of a reasonable amount, the rich according to his means and the poor according to his means, to compensate her for her loss. Al-Bukhari reported in his Sahih that Sahl bin Sa`d and Abu Usayd said that Allah's Messenger ﷺ married Umaymah bint Sharahil. When she was brought to the Prophet he extended his hand to her, but she did not like that. The Prophet then ordered Abu Usayd to provide provisions for her along with a gift of two garments.

The Wife gets half of Her Mahr if She is divorced before the Marriage is consummated

This honorable Ayah is not a continuation of the Mut`ah (gift) that was mentioned in the previous Ayah (i.e., divorce before the marriage is consummated). This Ayah (2:237) requires the husband to relinquish half of the appointed Mahr if he divorces his wife before the marriage is consummated. If it was discussing any other type of gift, then it would have been mentioned that way, especially when this Ayah follows the previous Ayah related to this subject. Allah knows best. Giving away half of the bridal-money in this case is the agreed practice according to the scholars. So, the husband pays half of the appointed Mahr if he divorces his wife before consummating the marriage.

Allah then said:

(unless they (the women) agree to remit it,) meaning, the wife forfeits the dowry and relieves the husband from further financial responsibility. As-Suddi said that Abu Salih mentioned that Ibn `Abbas commented on Allah's statement:

(unless they (the women) agree to remit it,) "Unless the wife forfeits her right."Furthermore, Imam Abu Muhammad bin Abu Hatim said that it was reported that Shurayh, Sa`id bin Musayyib, `Ikrimah, Mujahid, Ash-Sha`bi, Al-Hasan, Nafi`, Qatadah, Jabir bin Zayd, `Ata' Al-Khurasani, Ad-Dahhak, Az-Zuhri, Muqatil bin Hayyan, Ibn Sirin, Ar-Rabi` bin Anas and As-Suddi said similarly.

Allah then said:

(...or he (the husband), in whose hands is the marriage tie, agrees to remit it.)

Ibn Abu Hatim reported that `Amr bin Shu`ayb said that his grandfather narrated that the Prophet said:

(The husband is he who has the marriage tie.)

Ibn Marduwyah also reported this Hadith, and it is the view chosen by Ibn Jarir. The Hadith states that the husband is the person who really holds the marriage tie in his hand, as it is up to him to go on with the marriage or end it. On the other hand, the Wali of the wife is not allowed to give away any of her rightful dues without her permission, especially the dowry.

Allah then stated:

(And to remit it is nearer to At-Taqwa (piety, righteousness).)

Ibn Jarir said, "Some scholars said that this statement is directed at both men and women." Ibn `Abbas said:

(And to remit it is nearer to At-Taqwa (piety, righteousness).) indicates that the one who forgives, is nearer to At-Taqwa (piety)." A similar statement was made by Ash-Sha`bi and several other scholars.

Mujahid, An-Nakha`i, Ad-Dahhak, Muqatil bin Hayyan, Ar-Rabi` bin Anas and Thawri stated that `liberality' mentioned in the Ayah refers to the woman giving away her half Mahr, or the man giving away the full Mahr. This is why Allah said here:

(And do not forget liberality between yourselves.) meaning, kindness (or generosity), as Sa`id has stated. Allah said:

(Truly, Allah is All-Seer of what you do.) meaning, none of your affairs ever escapes His perfect Watch, and He will reward each according to his deeds.

Allah commands that the prayer should be performed properly and on time. It is reported in the Two Sahihs that Ibn Mas`ud said, "I asked the Prophet , `Which deed is the dearest (to Allah)' He replied:

«الصَّلَاةُ عَلى وَقْتِها»

(To offer the prayers at their fixed times.) I asked, `What is the next (in goodness)' He replied:

«الْجِهَادُ فِي سَبِيلِ الله»

(To participate in Jihad (religious fighting) in Allah's cause.)" I again asked, `What is the next (in goodness)' He replied:

«بِرُّ الْوَالِدَيْن»

(To be good and dutiful to your parents.) `Abdullah then added, "The Prophet told me these words, and had I asked more, the Prophet would have told me more."

The Middle Prayer

Furthermore, Allah has specifically mentioned the Middle prayer, which is the `Asr prayer according to the majority of the scholars among the Companions, as At-Tirmidhi and Al-Baghawi have stated. Al-Qadi Al-Mawardi added that the majority of the scholars of the Tabi`in also held this view. Al-Hafiz Abu `Umar bin `Abdul-Barr said that this is also the opinion of the majority of the scholars of the Athar (i.e., the Hadith and the statements of the Salaf). In addition, Abu Muhammad bin `Atiyah said that this is the Tafsir (of the Middle prayer) of the majority of scholars. Al-Hafiz Abu Muhammad `Abdul-Mu'min bin Khalaf Ad-Dumyati stated in his book on the Middle prayer that it is the `Asr prayer and mentioned that this is the Tafsir of `Umar, `Ali, Ibn Mas`ud, Abu Ayyub, `Abdullah bin `Amr, Samurah bin Jundub, Abu Hurayrah, Abu Sa`id, Hafsah, Umm Habibah, Umm Salamah, Ibn `Abbas and `A'ishah. This is also the Tafsir of `Ubaydah, Ibrahim An-Nakha`i, Razin, Zirr bin Hubaysh, Sa`id bin Jubayr, Ibn Sirin, Al-Hasan, Qatadah, Ad-Dahhak, Al-Kalbi, Muqatil, `Ubayd bin Abu Maryam, and others.

The Proof that the `Asr Prayer is the Middle Prayer

Imam Ahmad reported that `Ali narrated that Allah's Messenger ﷺ said during the battle of Al-Ahzab (the Confederates):

«شَغَلُونَا عَنِ الصَّلَاةِ الْوُسْطَى، صَلَاةِ الْعَصْرِ، مَلَأَ اللهُ قُلُوبَهُم وَبُيُوتَهم نَارًا»

(They (the disbelievers) busied us from performing the Middle prayer, the `Ar prayer, may Allah fill their hearts and houses with fire.)

He performed the `Asr prayer between Maghrib and `Isha'. Muslim and An-Nasa'i recorded this Hadith. In addition, the Two Shaykhs, Abu Dawud, At-Tirmidhi An-Nasa'i and several other collectors of the Sunan recorded this Hadith using different chains of narrators to `Ali. The Hadith about the battle of Al-Ahzab, when the Mushriks prevented Allah's Messenger ﷺ and his Companions from performing the `Asr prayer, has been narrated by several other Companions. We only mentioned the narrations that stated that the Middle prayer is the `Asr prayer. Furthermore, Muslim reported similar wordings for this Hadith from Ibn Mas`ud and Al-Bara' bin `Azib.

In addition, Imam Ahmad reported that Samurah bin Jundub said that Allah's Messenger ﷺ said:

«صَلَاةُ الْوسْطَى صَلَاةُ الْعَصْر»

(The Middle prayer is the `Asr prayer.)

In another narration, Allah's Messenger ﷺ mentioned:

حَفِظُواْ عَلَى الصَّلَوَتِ والصَّلَوةِ الْوُسْطَى

(Guard strictly (five obligatory) As-Salawat (the prayers) especially the Middle Salah) and stated that it is the `Asr prayer. In another narration, Allah's Messenger ﷺ said:

«هِيَ الْعَصْر»

(It is the `Asr prayer.) and Ibn Ja`far mentioned that the Prophet was then being asked about the Middle prayer. At-Tirmidhi reported this Hadith and said, "Hasan, Sahih." In addition, Abu Hatim bin Hibban reported in his Sahih that `Abdullah said that Allah's Messenger ﷺ said:

«صَلَاةُ الْوسْطَى صَلَاةُ الْعَصْر»

(The Middle prayer is the `Asr prayer.)

At-Tirmidhi reported that Ibn Mas`ud narrated that Allah's Messenger ﷺ said:

«صَلَاةُ الْوسْطَى صَلَاةُ الْعَصْر»

(The `Asr prayer is the Middle prayer.)

At-Tirmidhi then stated that this Hadith is of a Hasan, Sahih type. Muslim reported the Hadith in his Sahih and his wordings are:

«شَغَلُونَا عَنِ الصَّلَاةِ الْوسْطَى صَلَاةِ الْعَصْر»

(They (disbelievers) busied us from performing the Middle prayer, the `Asr prayer.)

These texts emphasize the fact (that the `Asr prayer is the Middle prayer). What further proves this fact is that, in an authentic Hadith, Allah's Messenger ﷺ emphasized the necessity of preserving the `Asr prayer, when he said, as Ibn `Umar narrated:

«مَنْ فَاتَتْهُ صَلَاةُ الْعَصْرِ فَكَأَنَّمَا وُتِرَ أَهْلَهُ وَمَالَه»

(Whoever misses the `Asr prayer will be like who has lost his family and money.)

It is reported in the Sahih that Buraydah bin Al-Husayb said that the Prophet said:

«بَكِّرُوا بِالصَّلَاةِ فِي يَوْمِ الْغَيْمِ، فَإِنَّهُ مَنْ تَرَكَ صَلَاةَ الْعَصْرِ، فَقَدْ حَبِطَ عَمَلُه»

(On a cloudy day, perform the (`Asr) prayer early, for whoever misses the `Asr prayer, will have his (good) deeds annulled.)

The Prohibition of speaking during the Prayer

Allah said:

وَقُومُواْ لِلَّهِ قَنِتِينَ

(And stand before Allah with obedience.) meaning, with humbleness and humility before Him (i.e., during the prayer). This command indicates that it is not allowed to speak during the prayer, as speaking contradicts the nature of the prayer. This is why the Prophet refused to answer Ibn Mas`ud when he greeted him while he was praying and said afterwards:

«إِنَّ فِي الصَّلَاةِ لَشُغْلًا»

(The prayer makes one sufficiently busy.) (i.e., by the various actions of the body, tongue and heart involved during the prayer.)

Muslim reported that the Prophet said to Mu`awiyah bin Hakam As-Sulami when he spoke during the prayer:

«إِنَّ هذِهِ الصَّلَاةَ لَا يَصْلُحُ فِيهَا شَيْءٌ مِنْ كَلَامِ النَّاسِ، إنَّمَا هِي التَّسْبِيحُ وَالتَّكْبِيرُ وَذِكْرُ الله»

(The ordinary speech people indulge in is not appropriate during the prayer. The prayer involves only Tasbih (praising Allah), Takbir (saying Allahu Akbar, i.e., Allah is the Most Great) and remembering Allah.)

Imam Ahmad reported that Zayd bin Arqam said, "One used to address his friend about various affairs during the prayer. Then when this Ayah was revealed:

وَقُومُواْ لِلَّهِ قَنِتِينَ

(And stand before Allah with obedience.) we were ordered to refrain from speaking." The Group (i. e., the Hadith collections), except Ibn Majah, reported this Hadith.

The Fear Prayer

Allah said:

فَإنْ خِفْتُمْ فَرِجَالاً أَوْ رُكْبَانًا فَإِذَآ أَمِنتُمْ فَاذْكُرُواْ اللَّهَ كَمَا عَلَّمَكُم مَّا لَمْ تَكُونُواْ تَعْلَمُونَ

(And if you fear (an enemy), (perform Salah) on foot or riding. And when you are in safety, then remember Allah (pray) in the manner He has taught you, which you knew not (before).)

After Allah commanded His servants to perform the prayer perfectly and emphasized this commandment, He mentioned the situation where the person might not be able to perform the prayer perfectly, during battle and combat. Allah said:

فَإنْ خِفْتُمْ فَرِجَالاً أَوْ رُكْبَانًا

(And if you fear (an enemy), perform Salah on foot or riding.) meaning, pray in the appropriate manner under these circumstances, whether on foot or riding and whether facing the Qiblah or otherwise. Imam Malik reported that Nafi` related that Ibn `Umar used to describe the Fear prayer when he was asked about it and would then add, "If there is intense fear, pray on foot, riding, facing the Qiblah and otherwise." Nafi` commented, "I think that he related that to the Prophet ." Al-Bukhari and Muslim reported the Hadith.

Muslim, Abu Dawud, An-Nasa'i, Ibn Majah and Ibn Jarir reported that Ibn `Abbas said, "Allah has ordained the prayer by the words of your Prophet : four (Rak`ah) while residing, two Rak`ah while traveling and one Rak`ah during times of fear." This is also the view of Al-Hasan Al-Basri, Qatadah, Ad-Dahhak, and others.

In addition, Al-Bukhari has entitled a Chapter: `Prayer while confronting the Forts and facing the Enemy'. Al-Awza`i said, "If the victory seems near and the Muslims are unable to perform the prayer (in the normal manner), they should pray by nodding each by himself. If they are unable to nod, they should delay the prayer until fighting is finished. When they feel safe, they should pray two Rak`ah. If they are unable, they should then pray one Rak`ah that includes two prostrations. If they are unable, then Takbir alone does not suffice, so they should delay the prayer until they are safe." This is the same view that Makhul held. Anas bin Malik said, "I participated in the attack on the fort of Tastar, when the light of dawn started to become clear. Suddenly, the fighting raged and the Muslims were unable to pray until the light of day spread. We then prayed (the Dawn prayer) with Abu Musa and we became victorious. I would not have been pleased if I were to gain in the life of this world and whatever is in it instead of that prayer." This is the wording of Al-Bukhari.

Prayer during the Times of Peace is performed normally

Allah said:

فَإِذَآ أَمِنتُمْ فَاذْكُرُواْ اللَّهَ

(And when you are in safety, then remember Allah (pray)) meaning, `Perform the prayer as I have commanded you by completing its bowing, prostration, standing, sitting, and with the required attention (in the heart) and supplication.' Allah said:

كَمَا عَلَّمَكُم مَّا لَمْ تَكُونُواْ تَعْلَمُونَ

(in the manner He has taught you, which you knew not (before).) meaning, just as He has endowed you, guided you and taught you about what benefits you in this life and the Hereafter, so thank and remember Him. Similarly, Allah said after He mentioned the prayer of Fear,

فَإِذَا اطْمَأْنَنتُمْ فَأَقِيمُواْ الصَّلَوةَ إِنَّ الصَّلَوةَ كَانَتْ عَلَى الْمُؤْمِنِينَ كِتَباً مَّوْقُوتاً

(...but when you are free from danger, perform As-Salah. Verily, As-Salah (the prayer) is enjoined on the believers at fixed hours.) (4:103)

We will mention the Hadiths about the prayer of Fear and its description in Surat An-Nisa' while mentioning Allah's statement:

وَإِذَا كُنتَ فِيهِمْ فَأَقَمْتَ لَهُمُ الصَّلَوةَ

(When you (O Messenger Muhammad ) are among them, and lead them in As-Salah (the prayer).) (4:102)

Ayah (2:240) was abrogated

The majority of the scholars said that this Ayah (2:240) was abrogated by the Ayah (2:234), what Allah said:

يَتَرَبَّصْنَ بِأَنفُسِهِنَّ أَرْبَعَةَ أَشْهُرٍ وَعَشْرًا

(...they (the wives) shall wait (as regards their marriage) for four months and ten days.) (2:234)

For instance, Al-Bukhari reported that Ibn Az-Zubayr said: I said to `Uthman bin `Affan:

وَالَّذِينَ يُتَوَفَّوْنَ مِنكُمْ وَيَذَرُونَ أَزْوَجًا

(And those of you who die and leave wives behind them) was abrogated by the other Ayah (2:234). Therefore, why did you collect it (meaning, in the Qur'an)" He said, "O my nephew! I shall not change any part of the Qur'an from its place."

The question that Ibn Az-Zubayr asked `Uthman means: `If the ruling of the Ayah (2:240) was abrogated to four months (the `Iddah of the widow, and refer to 2:234), then what is the wisdom behind including it in the Qur'an, although its ruling has been abrogated If the Ayah (2:240) remains (in the Qur'an) after the Ayah that abrogated it (2:234), this might imply that its ruling is still valid.' `Uthman, the Leader of the faithful, answered him by stating that this is a matter of the revelation, which mentioned these Ayat in this order. `Therefore, I shall leave the Ayah where I found it in the Qur'an.'

Ibn Abu Hatim reported that Ibn `Abbas said about what Allah said:

وَالَّذِينَ يُتَوَفَّوْنَ مِنكُمْ وَيَذَرُونَ أَزْوَجًا وَصِيَّةً لازْوَاجِهِم مَّتَعًا إِلَى الْحَوْلِ غَيْرَ إِخْرَاجٍ

(And those of you who die and leave behind wives should bequeath for their wives a year's maintenance (and residence) without turning them out, ) "The widow used to reside, and have her provisions provided for her for a year, in her deceased husband's house. Later, the Ayah that specified the inheritance (4:12) abrogated this Ayah (2:240), and thus the widow inherits one-fourth or one-eighth of what her (deceased) husband leaves behind."

Ibn Abu Hatim also related that `Ali bin Abu Talhah stated that Ibn `Abbas said, "When a man died and left behind a widow, she used to remain in his house for a year for her `Iddah, all the while receiving her provisions during this time. Thereafter, Allah revealed this Ayah:

وَالَّذِينَ يُتَوَفَّوْنَ مِنكُمْ وَيَذَرُونَ أَزْوَجًا يَتَرَبَّصْنَ بِأَنفُسِهِنَّ أَرْبَعَةَ أَشْهُرٍ وَعَشْرًا

(And those of you who die and leave wives behind them, they (the wives) shall wait (as regards their marriage) for four months and ten days.) (2:234)

So, this is the `Iddah of the widow, unless she was pregnant, for her `Iddah then ends when she gives birth. Allah also said:

وَلَهُنَّ الرُّبُعُ مِمَّا تَرَكْتُمْ إِن لَّمْ يَكُنْ لَّكُمْ وَلَدٌ فَإِن كَانَ لَكُمْ وَلَدٌ فَلَهُنَّ الثُّمُنُ مِمَّا تَرَكْتُم

(In that which you leave, their (your wives') share is a fourth if you leave no child; but if you leave a child, they get an eighth of that which you leave.) (4:12)

So Allah specified the share of the widow in the inheritance and there was no need for the will or the Nafaqah (maintenance) which were mentioned in (2:240)."

Ibn Abu Hatim stated that Mujahid, Al-Hasan, `Ikrimah, Qatadah, Ad-Dahhak, Ar-Rabi` and Muqatil bin Hayyan said that the Ayah (2:240) was abrogated by:

أَرْبَعَةَ أَشْهُرٍ وَعَشْرًا

(four months and ten days.) (2:234)

Al-Bukhari reported that Mujahid said that:

وَالَّذِينَ يُتَوَفَّوْنَ مِنكُمْ وَيَذَرُونَ أَزْوَجًا

(And those of you who die and leave wives behind them) (2:234) used to be the `Iddah, and the widow had to remain with her (deceased) husband's family (during that period, i.e., four months and ten days). Then, Allah revealed:

وَالَّذِينَ يُتَوَفَّوْنَ مِنكُمْ وَيَذَرُونَ أَزْوَجًا وَصِيَّةً لازْوَاجِهِم مَّتَعًا إِلَى الْحَوْلِ غَيْرَ إِخْرَاجٍ فَإِنْ خَرَجْنَ فَلاَ جُنَاحَ عَلَيْكُمْ فِى مَا فَعَلْنَ فِي أَنفُسِهِنَّ مِن مَّعْرُوفٍ

(And those of you who die and leave behind wives should bequeath for their wives a year's maintenance (and residence) without turning them out, but if they (wives) leave, there is no sin on you for that which they do of themselves, provided it is honorable (e.g., lawful marriage).)

So, Allah made the rest of the year, which is seven months and twenty days, as a will and testament for her. Consequently, if she wants, she could use her right in this will and remain in the residence (for the rest of the year). Or, if she wants, she could leave the (deceased husband's) house after the four months and ten days have passed. This is the meaning of what Allah said:

غَيْرَ إِخْرَاجٍ فَإِنْ خَرَجْنَ فَلاَ جُنَاحَ عَلَيْكُمْ

(...without turning them out, but if they (wives) leave, there is no sin on you.)

Therefore, the required term of `Iddah is still unchanged (refer to 2:234).

`Ata' quoted Ibn `Abbas, "This Ayah (2:240) has abrogated (the requirement that) the widow spends the `Iddah with his (i.e., her deceased husband's) family. So, she spends her `Iddah wherever she wants. This is the meaning of what Allah said:

غَيْرَ إِخْرَاجٍ

(without turning them out,)."

`Ata' also said: "If she wants, she spends the `Iddah with his family and resides there according to the will (meaning the rest of the year). If she wants, she is allowed to leave, for Allah said:

فَلاَ جُنَاحَ عَلَيْكُمْ فِيمَا فَعَلْنَ

(there is no sin on you for that which they do of themselves,)."

`Ata' then said: "Then (the Ayah on) the inheritance (refer to 4:12) came and abrogated the residence. Hence, the widow spends her `Iddah wherever she wants and does not have the right to residence any more."

The statement of `Ata' and those who held the view that the Ayah (2:240) was abrogated by the Ayah on the inheritance (4: 12), is only valid for more than the four months and ten days (required in 2:234). However, if they mean that the four months and ten days are not required from the deceased husband's estate, then this opinion is the subject of disagreement among the scholars. As proof, they said that the widow is required to remain in her (deceased) husband's house (for four months and ten days) according to what Malik reported from Zaynab bint Ka`b bin `Ujrah. She said that Fari`ah bint Malik bin Sinan, the sister of Abu Sa`id Al-Khudri, told her that she came to Allah's Messenger ﷺ asking him to return to her family's residence with Banu Khudrah. Her husband had pursued some of his servants who ran away, but when he reached the area of Al-Qadum, they killed him. She said, "So I asked Allah's Messenger ﷺ if I should stay with my family in Banu Khudrah, for my (deceased) husband did not leave me a residence that he owns or Nafaqah (maintenance). Allah's Messenger ﷺ answered in the positive. While I was in the room, Allah's Messenger ﷺ summoned me or had someone summon me and said:

«كَيْفَ قُلْت»

(What did you say) I repeated the story to him about my (deceased) husband. He said:

«امْكُثي فِي بَيْتِكِ حَتَّى يَبْلُغَ الكِتَابُ أَجَلَه»

(Stay at your home until the term reaches its end.) So I remained through the `Iddah term for four months and ten days in my (deceased husband's) house. Thereafter, `Uthman bin `Affan sent for me during his reign and asked me about this matter and I told him what happened. He made a judgment to the same effect." This Hadith was also collected by Abu Dawud, At-Tirmidhi, An-Nasa'i and Ibn Majah. At-Tirmidhi said, "Hasan Sahih".

The Necessity of the Mut`ah (Gift) at the Time of Divorce

Allah said:

وَلِلْمُطَلَّقَتِ مَتَعٌ بِالْمَعْرُوفِ حَقًّا عَلَى الْمُتَّقِينَ

(And for divorced women, maintenance (should be provided) on reasonable (scale). This is a duty on Al-Muttaqin (the pious).)

`Abdur-Rahman bin Zayd bin Aslam said that when Allah's statement:

مَتَعاً بِالْمَعْرُوفِ حَقًّا عَلَى الْمُحْسِنِينَ

(...a gift of reasonable amount is a duty on the doers of good) (2:236) was revealed, a man said, "If I want, I will be excellent and if I do not, I will not." Thereafter, Allah revealed this Ayah:

وَلِلْمُطَلَّقَتِ مَتَعٌ بِالْمَعْرُوفِ حَقًّا عَلَى الْمُتَّقِينَ

(And for divorced women, maintenance (should be provided) on reasonable (scale). This is a duty on Al-Muttaqin (the pious).)

The scholars who ruled that the Mut`ah (reasonable gift) at the time of divorce is required for every divorced woman, whether she had a bridal-money appointed for her or not, and whether the marriage was consummated or not, relied on this Ayah (2:241) when they issued their ruling. This is the view taken on this subject by Sa`id bin Jubayr and several others among the Salaf and also Ibn Jarir. Hence, Allah's statement:

لاَّ جُنَاحَ عَلَيْكُمْ إِن طَلَّقْتُمُ النِّسَآءَ مَا لَمْ تَمَسُّوهُنَّ أَوْ تَفْرِضُواْ لَهُنَّ فَرِيضَةً وَمَتِّعُوهُنَّ عَلَى الْمُوسِعِ قَدَرُهُ وَعَلَى الْمُقْتِرِ قَدْرُهُ مَتَعاً بِالْمَعْرُوفِ حَقًّا عَلَى الْمُحْسِنِينَ

(There is no sin on you, if you divorce women while yet you have not touched (had sexual relation with) them, nor appointed for them their due (dowry). But bestow on them (a suitable gift), the rich according to his means, and the poor according to his means, a gift of reasonable amount is a duty on the doers of good.) (2:236) only mentions some specifics of this general ruling.

Allah then said:

كَذلِكَ يُبَيِّنُ اللَّهُآيَتِهِ

(Thus Allah makes clear His Ayat (Laws) to you,) meaning, what He allows, forbids, requires, His set limits, His commandments and His prohibitions are all explained and made plain and clear for you. He did not leave any matter in general terms if you needed the specifics,

لَعَلَّكُمْ تَعْقِلُونَ

(in order that you may understand.) meaning, understand and comprehend.