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Surah 2. Al-Baqarah (222-235) |
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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.)
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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.
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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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