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Surah 2. Al-Baqarah (222-235)

وَيَسْأَلُونَكَ عَنِ الْمَحِيضِ قُلْ هُوَ أَذًى فَاعْتَزِلُواْ النِّسَاء فِي الْمَحِيضِ وَلاَ تَقْرَبُوهُنَّ حَتَّىَ يَطْهُرْنَ فَإِذَا تَطَهَّرْنَ فَأْتُوهُنَّ مِنْ حَيْثُ أَمَرَكُمُ اللّهُ إِنَّ اللّهَ يُحِبُّ التَّوَّابِينَ وَيُحِبُّ الْمُتَطَهِّرِينَ﴿2:222﴾ 
(2:222) They ask about the monthly course. Say, "It is a state of impurity; *238 so keep apart from women during their monthly course and do not go near them until they are clean. *239 When they have cleansed themselves, then you may go to them in the manner Allah has enjoined you." *240 Most surely Allah loves those people who refrain from evil and keep themselves pure and clean.
*238. The Arabic word adha denotes both a state of ritual impurity and sickness. Menstruation is not merely an impurity, but also a state in which the woman is closer to sickness than to health.
*239. With regard to matters such as these the Qur'an resorts to metaphors and figurative language. Hence it instructs men not to approach women. This does not mean that people should either abstain from sitting together on the same floor or eating together when a woman has her monthly period making her virtually an untouchable, as has been the custom among the Jews, Hindus and certain other nations. The explanation of this injunction by the Prophet makes it clear that during this period men are only required to abstain from sexual intercourse; no change is postulated in other relationships, and the woman is to be treated in the normal way. (See, for instance, Bukhari, 'Hayd', 10, 'Itikaf', 2-4, 10, 19; Muslim, 'Hayd', 6-13; Abu Da'ud, 'Taharah', 102, 106 - Ed.)
*240. The 'command' of God mentioned here is not a formal legal injunction from God, but that inherent urge with which the nature of both men and animals has been imbued and which is apprehended instinctively.
(The verse means, therefore, that after the end of the menstrual course people may again engage in sexual intercourse - Ed.)
 
نِسَآؤُكُمْ حَرْثٌ لَّكُمْ فَأْتُواْ حَرْثَكُمْ أَنَّى شِئْتُمْ وَقَدِّمُواْ لأَنفُسِكُمْ وَاتَّقُواْ اللّهَ وَاعْلَمُواْ أَنَّكُم مُّلاَقُوهُ وَبَشِّرِ الْمُؤْمِنِينَ﴿2:223﴾ 
(2:223) Your wives are your tilth : so you may go to your tilth as you please, *241 but you should take care of your future *242 and refrain from the displeasure of Allah. Know it well that One Day you shall meet Him. (O Prophet !) bear good tidings to the Believers.
*241. That is, God's purpose in the creation of women is not merely to provide men with recreation. Their mutual relationship is like that between a farmer and his tilth. A farmer approaches his field not just for the sake of pleasure, but to acquire produce. Similarly, man ought to approach the tilth of the human race with the purpose of acquiring produce, that is, offspring. What is of concern to the Law of God is not the particular mode of cultivating one's tilth, but rather that one should go only to one's tilth and not elsewhere, and that one should go there for the purpose of cultivation.
*242. These words are susceptible to two meanings. First, that a person should try to maintain the continuity of the human race so that when he departs from this world there should be others to replace him in his tasks. Second, that one should be concerned with the quality of the coming generation, i.e., how far it is endowed with religious devotion, moral excellence and humanity, and that one should do all that is possible to promote these qualities. The latter part ot the verse contains the warning that those who deliberately neglect these two duties will he severly taken to task by God.
 
وَلاَ تَجْعَلُواْ اللّهَ عُرْضَةً لِّأَيْمَانِكُمْ أَن تَبَرُّواْ وَتَتَّقُواْ وَتُصْلِحُواْ بَيْنَ النَّاسِ وَاللّهُ سَمِيعٌ عَلِيمٌ﴿2:224﴾ 
(2:224) Do not use Allah's name for such oaths which are taken to keep back from virtue, piety and the welfare of mankind: *243
*243. Authentic Traditions indicate that if a person takes a vow and discovers later that righteousness and common good are best served by breaking that vow then he should do so. Expiation consists in either feeding or providing clothes for ten poor people, or setting free a slave, or fasting for three days (see 5: 89).
 
لاَّ يُؤَاخِذُكُمُ اللّهُ بِاللَّغْوِ فِيَ أَيْمَانِكُمْ وَلَكِن يُؤَاخِذُكُم بِمَا كَسَبَتْ قُلُوبُكُمْ وَاللّهُ غَفُورٌ حَلِيمٌ﴿2:225﴾ 
(2:225) Allah hears everything you utter and knows everything. Allah does not call you to Account for unintentional and meaningless oaths, *244 but will surely take you to task for oaths taken deliberately and in earnest : Allah is Forgiving and Forbearing.
*244. This refers to oaths which one utters either through habit or without any intent and purpose. The breach of such vows neither entails expiation nor makes man liable to God's reproach.
 
لِّلَّذِينَ يُؤْلُونَ مِن نِّسَآئِهِمْ تَرَبُّصُ أَرْبَعَةِ أَشْهُرٍ فَإِنْ فَآؤُوا فَإِنَّ اللّهَ غَفُورٌ رَّحِيمٌ﴿2:226﴾ 
(2:226) Those who take an oath to keep apart from their wives are given four months (for a final decision), *245 Then if they resume their relations, Allah is Forgiving and Merciful. *246
*245. In the legal terminology of Islam this is known as ila'. It is obvious that harmony and cordiality do not always prevail in matrimonial life. There are occasions when strains and tensions develop, leading to discord and estrangement. But the Law of God does not approve of that discord which causes a husband and wife, who are legally tied to one another in matrimony, to remain for all practical purposes alienated from one another as if they had ceased to be spouses. For this kind of abnormal discord and estrangement God has fixed a limit of four months during which the spouses are required either to settle their difference, or to break the tie of wedlock so that each becomes free to contract marriage with someone with whom a harmonious matrimonial relationship appears more likely.
Since the verse mentions 'taking a vow', the Hanafi and Shafi'i jurists consider the injunction to be applicable only when a husband has taken a vow not to have sexual relations with his wife. According to them, the injunction does not apply if the husband merely forsakes sexual relations with his wife without taking any vow to that effect. The Maliki jurists are, however, of the opinion that irrespective of whether a person has taken a vow, the maximum permissible limit for abstaining from sexual relations in wedlock is four months. A statement to that effect is also attributed to Ahmad b. Hanbal. (See Ibn Rushd, Bidayat al-Mujtahid, vol. 2, pp. 98 ff. - Ed.)
According to 'Ali, Ibn Abbas and Hasan al-Basri, this injunction is related to the cessation of sexual relations as a result of unpleasantness in the relationship of the spouses. It would not apply, however, if a husband were to decide to abandon sexual relations with his wife out of some beneficial consideration - say because the wife is breastfeeding - at a time when their relationship was pleasant. According to other jurists, however, any vow which prevents sexual intercourse between a husband and wife is ila', and ought not to last longer than four months irrespective of the state of the matrimonial relationship when it was taken. (See Jassas, Ahkam al-Qur'an, vol. 1, pp. 355 ff - Ed.)
*246. Some jurists have interpreted this verse to signify that if the spouses break their vow and re-establish sexual relations they will not be liable to any expiation and will be pardoned by God gratuitously. However, the majority of jurists are of the opinion that they, are required to expiate. The statement that God is Oft-Forgiving and Merciful does not mean that God has forgiven them. It means rather that God will accept their expiation and will forgive them for whatever excesses they may have committed against each other.
 
وَإِنْ عَزَمُواْ الطَّلاَقَ فَإِنَّ اللّهَ سَمِيعٌ عَلِيمٌ﴿2:227﴾ 
(2:227) And if they resolve on divorce, *247 (let them remember that Allah hears everything and knows everything.
*247. According to 'Uthman, Ibn Mas'ud, Zayd ibn Thabit and others the limit for the restoration of matrimonial relations is four months. The mere termination of that period proves that the husband has decided to repudiate the marriage and so divorce automatically ensues. It will be reckoned as an irrevocable (ba'in) repudiation. This means that separation between the spouses will come into force and the husband will not have the right to revoke it during the period of waiting ('iddah). The two parties will, however, have the right to recontract marriage by mutual consent. Statements from 'Umar, 'Ali, Ibn 'Abbas, and also a statement from Ibn 'Umar, have been reported in support of this doctrine and have been accepted by the Hanafi jurists as the basis of their doctrine.
Sa'id ibn al-Musayyib, Makhul, Zuhri,. and some other early jurists agree with this doctrine to the extent that divorce comes into force after four months. But they consider that the husband may revoke it during the period of waiting; and even after the lapse of that period the spouses may recontract marriage by mutual consent.
However, 'A'ishah, Abu al-Darda' and the majority of the jurists of Madina are opposed to this opinion and hold that after four months the matter should be placed before the court when the judge will order the husband either to resume matrimonial relations with his wife or divorce her. Statements from 'Umar and 'Ali as well as a statement from Ibn 'Umar have come down in support of this doctrine. This opinion has been accepted by Malik and Shafi'i. (See Jassas, vol. 1, pp. 359 f. - Ed.)
*248. That is, if a man has abandoned his wife on unreasonable grounds, he should not feel secure from the wrath of God for He is not unaware of the excesses that he may have committed.
 
وَالْمُطَلَّقَاتُ يَتَرَبَّصْنَ بِأَنفُسِهِنَّ ثَلاَثَةَ قُرُوَءٍ وَلاَ يَحِلُّ لَهُنَّ أَن يَكْتُمْنَ مَا خَلَقَ اللّهُ فِي أَرْحَامِهِنَّ إِن كُنَّ يُؤْمِنَّ بِاللّهِ وَالْيَوْمِ الآخِرِ وَبُعُولَتُهُنَّ أَحَقُّ بِرَدِّهِنَّ فِي ذَلِكَ إِنْ أَرَادُواْ إِصْلاَحًا وَلَهُنَّ مِثْلُ الَّذِي عَلَيْهِنَّ بِالْمَعْرُوفِ وَلِلرِّجَالِ عَلَيْهِنَّ دَرَجَةٌ وَاللّهُ عَزِيزٌ حَكُيمٌ﴿2:228﴾ 
(2:228) Divorced women must wait for three monthly courses. And it is not lawful for them to hide what Allah has created in their wombs, if they sincerely believe in Allah and the Last Day. Their husbands are best entitled to take *248 them back as their wives during this waiting period, if they desire reconciliation. *249
*249. Jurists disagree about the legal import of this verse. According to some, as long as a woman has not completed her third menstrual period repudiation will not have the effect of irrevocable divorce. This is the view of Abu Bakr, 'Umar, 'Ali, Ibn 'Abbas, Abu Musa al-Ash'arl, Ibn Mas'ud and several distinguished Companions of the Prophet. This is also the accepted doctrine of the Hanafi jurists. On the other hand, another group of jurists is of the view that, as soon as the third monthly period of a woman begins, the husband ceases to have the right to revoke the divorce. This is the view of , 'A'ishah, Ibn 'Umar and Zayd ibn Thabit, and has been accepted by, the Shafi'i and Maliki jurists. It should be clear, however, that this injunction is applicable only when the husband has pronounced single or double divorce. In case of triple divorce, the husband ceases to have the right of revocation. (See Jassas, vol. 1. pp. 364 ff. - Ed.)
الطَّلاَقُ مَرَّتَانِ فَإِمْسَاكٌ بِمَعْرُوفٍ أَوْ تَسْرِيحٌ بِإِحْسَانٍ وَلاَ يَحِلُّ لَكُمْ أَن تَأْخُذُواْ مِمَّا آتَيْتُمُوهُنَّ شَيْئًا إِلاَّ أَن يَخَافَا أَلاَّ يُقِيمَا حُدُودَ اللّهِ فَإِنْ خِفْتُمْ أَلاَّ يُقِيمَا حُدُودَ اللّهِ فَلاَ جُنَاحَ عَلَيْهِمَا فِيمَا افْتَدَتْ بِهِ تِلْكَ حُدُودُ اللّهِ فَلاَ تَعْتَدُوهَا وَمَن يَتَعَدَّ حُدُودَ اللّهِ فَأُوْلَـئِكَ هُمُ الظَّالِمُونَ﴿2:229﴾ 
(2:229) Divorce may be pronounced twice; then either the wife be kept honourably or parted with gracefully. *250 And it is not lawful for you to take back anything out of what you have given them. *251 There is, however, an exception to this; if you fear that they might not be able to keep within the limits imposed by Allah, there is no harm if both agree mutually that the wife should obtain divorce by giving something as compensation to the husband. *252 These are the bounds set by Allah; therefore do not violate them, for those who violate the bounds of AIIah are the tansgressors.
*250. This little verse aims at the reform of a serious evil that was rampant in the social life in pre-Islamic Arabia. According to the customary law of Arabia, a person was entitled to pronounce any number of divorces upon his wife. As a result divorce was resorted to at the least provocation and annoyance. In addition, the husband often exercised his right to revoke the divorce he had pronounced with the result that the poor wife could neither live with him in happiness nor free herself to contract a fresh marriage with someone else. Here the Qur'an seeks to shut the door on this injustice. According to this verse, a man may pronounce revocable divorce upon his wife not more than twice. Should he pronounce divorce for the third time after revoking it twice, the wife will be permanently alienated from him.
The appropriate procedure for divorce, according to the Qur'an and Hadith, is that a person should pronounce one divorce outside the time of the wife's menstrual period. After the first divorce he may pronounce a second in the next clear period if he wants to, though it is preferable that he should confine himself to pronouncing the first. In this case the husband retains the right to revoke the divorce at any time before the lapse of the period of waiting ('iddah) even if the period of waiting has lapsed, the couple have the right to recontract the marriage by mutual consent. If the husband, however, pronounces divorce in his wife's third clear period he has no right to revoke the divorce, and the spouses are not entitled to recontract the marriage. The pronouncing of triple divorce in one session is a highly sinful act acc~rding to the Law, and the Prophet has strongly denounced it. (See Nasii, 'Talaq', 6 - Ed.) It has even been established that 'Umar used to flog those who pronounced triple divorce in one session. Although this procedure of divorce is considered sinful, the founders of the four legal schools consider it to have legal effect, with the result that such divorce, in their view, becomes absolutely irrevocable.
*251. This refers to the mahr (bridal gift) and the jewellery, clothes and so on which the husband offers as a gift to his wife, and to which he has no right of reclaim. It is, indeed, normally inconsistent with Islamic ethics that a person should reclaim anything he has made over to another by way of donation or gift. In the Hadith this disgraceful act is likened to a dog licking its own vomit. (See Bukhari, 'Hibah', 30; Nasiii, 'Hibah', 3, etc. - Ed.)
In the case of a husband, in particular, it is a matter of the utmost disgrace that, at the time of saying farewell to his divorced wife he should try to dispossess her of what he had once given her out of his own goodwill. On the contrary, the morals that Islam seeks to cultivate require that at the time of parting the husband ought to present her with a farewell gift. (See verse 241 below.)
*252. In the terminology of Islamic Law this is known as khul', i.e. a woman's securing the annulment of her marriage through the payment of some compensation to her husband. Whatever settlement is made between a husband and wife should come into effect. If the matter is referred to the court, however, it will investigate only whether the wife has really become too disgusted with the husband to put up with him. (For the Traditions on the basis of which the author concludes this see the commentaries on this verse in Ibn Kathir and Qurtubi, see especially the latter, vol. 2, pp. 946-8 - Ed.) Once this is determined the court is entitled to fix the amount of payment incumbent on the wife as compensation for the repudiation of her marriage, and the husband will be bound to accept that amount and divorce his wife. In general, the jurists believe that the payment, thus fixed, should not be higher than the original mahr paid by the husband.
The divorce that comes into effect is irrevocable and brings separation into effect immediately. Since the woman has paid compensation, she has in effect purchased the right of repudiation and the husband, therefore, has ceased to have the right to revoke the divorce. If, however, the spouses agree to recontract marriage, they may do so.
According to the majority of jurists the period of waiting under khul' is the same as under divorce. However, there are several Traditions in Abu Da'ud, Tirmidhi, Ibn Majah, etc., which show that the Prophet fixed the period of waiting at one menstrual period, and that 'Uthman applied this in a case which he decided. (See Ibn Kathir's commentary on the verse.)
 
فَإِن طَلَّقَهَا فَلاَ تَحِلُّ لَهُ مِن بَعْدُ حَتَّىَ تَنكِحَ زَوْجًا غَيْرَهُ فَإِن طَلَّقَهَا فَلاَ جُنَاحَ عَلَيْهِمَا أَن يَتَرَاجَعَا إِن ظَنَّا أَن يُقِيمَا حُدُودَ اللّهِ وَتِلْكَ حُدُودُ اللّهِ يُبَيِّنُهَا لِقَوْمٍ يَعْلَمُونَ﴿2:230﴾ 
(2:230) And if the husband divorces his wife (for the third time), she shall not remain his lawful wife after this (absolute) divorce, unless she marries another husband and the second husband divorces her. *253 (In that case) there is no harm if they re-marry, provided that the woman and her first husband are convinced that they will be able to keep within the bounds fixed by Allah. And these are Allah's bounds, which He makes clear for the guidance of those who know (the consequences of transgression).
*253. It is known from authentic Traditions that it is totally illegitimate for a person to arrange the marriage of his divorced wife with someone else on the understanding that the latter wil divorce her to make it possible for the former husband to recontract marriage with that woman. Such trickery would in fact be an act of sheer sexual corruption and would not render the woman liable to remarriage with her former husband. According to a Tradition transmitted from 'Ali, Ibn Mas'ud, Abu Hurayrah and 'Uqbah ibn 'Amir, the Prophet pronounced his curse on those who arrange, as well as on those who agree to contract, such fictitious marriages. (See Muslim. 'Talaq', l5, 71; Nasa'i, 'Talaq', 8; Ahmad b. Hanbal, Musnad, vol. 1, P. 314 and vol. 5, p. 334; Al-Muwatta', 'Talaq', 27; Abu Da'ud. 'Talaq'. 10 - Ed.)
 
وَإِذَا طَلَّقْتُمُ النَّسَاء فَبَلَغْنَ أَجَلَهُنَّ فَأَمْسِكُوهُنَّ بِمَعْرُوفٍ أَوْ سَرِّحُوهُنَّ بِمَعْرُوفٍ وَلاَ تُمْسِكُوهُنَّ ضِرَارًا لَّتَعْتَدُواْ وَمَن يَفْعَلْ ذَلِكَ فَقَدْ ظَلَمَ نَفْسَهُ وَلاَ تَتَّخِذُوَاْ آيَاتِ اللّهِ هُزُوًا وَاذْكُرُواْ نِعْمَتَ اللّهِ عَلَيْكُمْ وَمَا أَنزَلَ عَلَيْكُمْ مِّنَ الْكِتَابِ وَالْحِكْمَةِ يَعِظُكُم بِهِ وَاتَّقُواْ اللّهَ وَاعْلَمُواْ أَنَّ اللّهَ بِكُلِّ شَيْءٍ عَلِيمٌ﴿2:231﴾ 
(2:231) And when you have divorced your wives and they are about to complete their prescribed term, then either retain them gracefully or release them generously. It is transgression to retain them merely for harassment; and whoever' does that indeed wrongs his own self. *254 Do not play with Allah's Commandments, and remember that Allah has blessed you with a great favour. He admonishes you to show due respect to the Book and the Wisdom He has sent to you. *255 Fear Allah and know that He is fully aware of everything.
*254. It is absolutely improper that a person should revoke the divorce he pronounced on his wife before the lapse of the period of waiting merely in order to use this revocation as a pretext to harass and torment her . God commands that if a person revokes the divorce this decision should be prompted by a sincere desire to live together amicably. Should that intention be lacking, it is better to part company in a graceful manner (see further n. 250 above).
*255. Muslims should not forget that by teaching them the Book and Wisdom, God entrusted them with the glorious task of guiding the world. They should also not forget that they were appointed the 'community, of the middle way' and appointed as witnesses to good and righteousness (see verse 143 above). It does not become them, therefore, to indulge in sophistry and to play with the verses of the Book of God, to exploit the words of the Law to their advantage in achieving ends counter to its spirit, and to slump into injustice and other evil behaviour instead of directing the world to the Right Way.
وَإِذَا طَلَّقْتُمُ النِّسَاء فَبَلَغْنَ أَجَلَهُنَّ فَلاَ تَعْضُلُوهُنَّ أَن يَنكِحْنَ أَزْوَاجَهُنَّ إِذَا تَرَاضَوْاْ بَيْنَهُم بِالْمَعْرُوفِ ذَلِكَ يُوعَظُ بِهِ مَن كَانَ مِنكُمْ يُؤْمِنُ بِاللّهِ وَالْيَوْمِ الآخِرِ ذَلِكُمْ أَزْكَى لَكُمْ وَأَطْهَرُ وَاللّهُ يَعْلَمُ وَأَنتُمْ لاَ تَعْلَمُونَ﴿2:232﴾ 
(2:232) When you have divorced your wives absolutely and they have completed their prescribed term, then you should not prevent them from marrying their prospective husbands, if they mutually agree to marry each other in a lawful way. *256 You are enjoined not to commit such an offence,if you sincerely believe in Allah and the Last Day. It is most decent and pure for you to desist from this; Allah knows and you do not know.
*256. This is a directive to the relatives of the divorced woman. When a woman is divorced by her husband and he fails to revoke the divorce before the expiry of the waiting period, the relatives of the woman should not try to prevent the couple from re-marrying if they agree to do so. This verse may also be interpreted to mean that if a divorced woman wants to contract marriage with someone other than her former husband after the expiry of the waiting period, the former husband should not obstruct this marriage by making malicious propaganda against the woman he has forsaken.
That is an admonition to every one of you who believes in Allah and the Last Day; that is a cleaner and purer way for you. For Allah knows whereas you do not know.
 
وَالْوَالِدَاتُ يُرْضِعْنَ أَوْلاَدَهُنَّ حَوْلَيْنِ كَامِلَيْنِ لِمَنْ أَرَادَ أَن يُتِمَّ الرَّضَاعَةَ وَعلَى الْمَوْلُودِ لَهُ رِزْقُهُنَّ وَكِسْوَتُهُنَّ بِالْمَعْرُوفِ لاَ تُكَلَّفُ نَفْسٌ إِلاَّ وُسْعَهَا لاَ تُضَآرَّ وَالِدَةٌ بِوَلَدِهَا وَلاَ مَوْلُودٌ لَّهُ بِوَلَدِهِ وَعَلَى الْوَارِثِ مِثْلُ ذَلِكَ فَإِنْ أَرَادَا فِصَالاً عَن تَرَاضٍ مِّنْهُمَا وَتَشَاوُرٍ فَلاَ جُنَاحَ عَلَيْهِمَا وَإِنْ أَرَدتُّمْ أَن تَسْتَرْضِعُواْ أَوْلاَدَكُمْ فَلاَ جُنَاحَ عَلَيْكُمْ إِذَا سَلَّمْتُم مَّآ آتَيْتُم بِالْمَعْرُوفِ وَاتَّقُواْ اللّهَ وَاعْلَمُواْ أَنَّ اللّهَ بِمَا تَعْمَلُونَ بَصِيرٌ﴿2:233﴾ 
(2:233) The (divorced) mothers shall suckle their children for two whole years, if the fathers desire the suckling to be completed. *257 In that case the father of the child shall, in the fair known way, be responsible for their food and clothing. But none should be burdened with more than one can bear: neither the mother should be pressed unjustly (to accept unfair terms) just because she is the mother nor should the father be burdened just because he is the father. And the same responsibility for the maintenance of the mother devolves upon the father of the child and his heir. *258 There is no harm if they wean the child by mutual consent and consultation. Moreover, there is no harm if you choose to give your children a suckle by a wet nurse, provided that you pay her fairly.Fear Allah and know it well that whatever you do is in the sight of Allah.
*257. This injunction applies to the condition where the couple have separated either because of divorce, or klul' (see n. 252 above). or ' faskh (annulment) or tafriq (repudiation as a result of judicial decision) and the woman is nursing a child.
*258. That is, if the father dies, whoever replaces him as the guardian of the child will be responsible for fulfilling this claim.
 
وَالَّذِينَ يُتَوَفَّوْنَ مِنكُمْ وَيَذَرُونَ أَزْوَاجًا يَتَرَبَّصْنَ بِأَنفُسِهِنَّ أَرْبَعَةَ أَشْهُرٍ وَعَشْرًا فَإِذَا بَلَغْنَ أَجَلَهُنَّ فَلاَ جُنَاحَ عَلَيْكُمْ فِيمَا فَعَلْنَ فِي أَنفُسِهِنَّ بِالْمَعْرُوفِ وَاللّهُ بِمَا تَعْمَلُونَ خَبِيرٌ﴿2:234﴾ 
(2:234) If those of you, who die, leave wives behind, they should abstain (from marriage) for four months and ten days. *259 Then when their waiting term expires, they are free to do whatever they choose for themselves, provided that it is decent; you shall not be answerable for this; Allah is fully aware of what you do.
*259. The waiting period owing to the death of the husband is obligatory even for a woman with whom consummation of marriage has not taken place. A pregnant woman, however, is exempted from this. Her waiting period expires the husband's death and the childbirth is less than the waiting period prescribed by Law.
'To observe a waiting period' does not mean merely that they should refrain from marrying, but also from self-adornment.
Hence we find categorical directives in the Hadith that a widow should neither wear colourful and showy dresses and jewellery, make use of henna, kohl, and perfumes, nor set her hair in an attractive style. There is disagreement, however, as to whether the widow may go out of her house during the waiting period. 'Umar, 'UthmaAn, Ibn 'Umar, Zayd ibn Thabit, Ibn Mas'uid, Ummn Salamah, Said ibn al-Musayyib, Ibrahim al-Nakha'i, Muhammad ibn Sirin and the founders of the four legal schools are of the opinion that during the waiting period a woman should stay in the house in which her husband died. During the daytime she may go out to do necessary errands, but her residence should be her own home. On contrary, 'A'ishah, Ibn 'Abbas, 'Ali, Jabir ibn 'Abd Allah. 'Ata'. Ta'us, Hasan al-Basri. 'Umar ibn'Abd al'Aziz and the Zahiris are of the opinion that a widow may spend her waiting period wherever she likes, and may even go on journeys. (See the commentary on the verse in JassAs. vol. 1, pp. 418 f. - Ed.)
 
وَلاَ جُنَاحَ عَلَيْكُمْ فِيمَا عَرَّضْتُم بِهِ مِنْ خِطْبَةِ النِّسَاء أَوْ أَكْنَنتُمْ فِي أَنفُسِكُمْ عَلِمَ اللّهُ أَنَّكُمْ سَتَذْكُرُونَهُنَّ وَلَـكِن لاَّ تُوَاعِدُوهُنَّ سِرًّا إِلاَّ أَن تَقُولُواْ قَوْلاً مَّعْرُوفًا وَلاَ تَعْزِمُواْ عُقْدَةَ النِّكَاحِ حَتَّىَ يَبْلُغَ الْكِتَابُ أَجَلَهُ وَاعْلَمُواْ أَنَّ اللّهَ يَعْلَمُ مَا فِي أَنفُسِكُمْ فَاحْذَرُوهُ وَاعْلَمُواْ أَنَّ اللّهَ غَفُورٌ حَلِيمٌ﴿2:235﴾ 
(2:235) It is no offence if you make indirect proposal of marriage to widows during their waiting term or keep it concealed in your hearts: for Allah knows that you will naturally think of them. But be careful not to make any secret engagement. If you have to do anything, do it in an honourable way. And you should not settle anything finally about the marriage until the waiting term expires. Understand it well that Allah even knows what is hidden in your hearts; so fear Him. Also know that Allah is Lenient and Forgiving.


 


 

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