Muslim Guidance Articles

Source: ibn Kathir

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:

(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;

(…and whoever does that, then he has wronged himself.) meaning, by defying Allah’s commandments. Allah then said:

(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 once became angry at the Ash`ari tribe. Abu Musa went to him and said, “O Messenger of Allah! Are you angry with the Ash`ariyyin” The Prophet said:

(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:

(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:

(. ..but remember Allah’s favors on you,) meaning, by His sending His Messenger with the right guidance and clear signs to you:

(…and that which He has sent down to you of the Book (i.e., the Qur’an) and Al-Hikmah) meaning the Sunnah,

(…whereby He instructs you.) meaning, commands you, forbids you and threatens you for transgressing His prohibitions. Allah said:

(And fear Allah) meaning, concerning what you perform and what you avoid,

(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.

(232. And when you have divorced women and they have fulfilled the term of their prescribed period, do not prevent them from marrying their (former) husbands, if they mutually agree on reasonable basis. This (instruction) is an admonition for him among you who believes in Allah and the Last Day. That is more virtuous and purer for you. Allah knows and you know not.)

Source: ibn Kathir Tafsir

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:

(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:

(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:

(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 and told him what happened, and Allah revealed:

(The divorce is twice.)

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

Allah said:

(…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.”

Source: Ibn Kathir Tafsir

Note: This applies to 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.

(238. Guard strictly (five obligatory) As-Salawat (the prayers) especially the Middle Salah.And stand before Allah with obedience.) (239. 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).)

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:

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

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

(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.”