Surah Al-Baqarah Part 29

{235. And there is no sin on you if you make a hint of betrothal or conceal it in yourself, Allah knows that you will remember them, but do not make a promise (of contract) with them in secret except that you speak an honorable saying. And do not be determined on the marriage bond until the term prescribed is fulfilled. And know that Allah knows what is in your minds, so fear Him. And know that Allah is Oft-Forgiving, Most Forbearing.}

 

Mentioning Marriage indirectly during the Iddah

“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, Shubah 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’.” (Fath Al-Bari 9:84) Mujahid, Tawus, Ikrimah, Said bin Jubayr, Ibrahim An-Nakhai, Ash-Shabi, 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, peace and blessings of Allah be upon him, 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, peace and blessings of Allah be upon him, married her to him. (Muslim 2:1114) 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.  (At-Tabari 5:107) Said  bin Jubayr, Ash-Shabi, Ikrimah, Abu Ad-Duha, Ad-Dahhak, Az-Zuhri, (Ibn Abi Hatim 2:821) Mujahid and Ath-Thawri said that it (meaning of the Ayah) means taking the woman’s promise not to marry someone else. (At-Tabari 5:109)

Afterwards, Allah said: ”…except that you speak an honorable saying” Ibn Abbas, Mujahid, Said 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.” (At-Tabari 5:114) 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 (2:826).

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.’ (Ibn Abi Hatim828-829) 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.”

 

{236. There is no sin on you, if you divorce women while yet you have not touched them, nor appointed for them their due (dowry). But give them a Mutah (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.}

 

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 Sad and Abu Usayd said that Allah’s Messenger, peace and blessings of Allah be upon him, 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, peace and blessings of Allah be upon him, then ordered Abu Usayd to provide provisions for her along with a gift of two garments (Fath Al-Bari 9:269).

 

{237. And if you divorce them before you have touched (had a sexual relation with) them, and you have appointed for them their due (dowry), then pay half of that, unless they (the women) agree to remit it, or he (the husband), in whose hands is the marriage tie, agrees to remit it. And to remit is nearer to At-Taqwa (piety, righteousness). And do not forget liberality between yourselves. Truly, Allah is All-Seer of what you do.}

 

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.” (Ibn Abi Hatim 2:839) Furthermore, Imam  Abu Muhammad bin Abu Hatim said that it was reported that Shurayh, Sa’id bin Musayyib, Ikrimah, Mujahid, Ash-Shabi, 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 (Ibn Abi Hatim 2:840-842).

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 Shuayb said that his grandfather narrated that the Prophet, peace and blessings of Allah be upon him, said:

”The husband is he who has the marriage tie”. (Ibn Abi Hatim 2:842)

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 Anasand 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. (At-Tabari 5:165) 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 Masud 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.” (Fath Al-Bari 2:12, Muslim 1:90)

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, peace and blessings of Allah be upon him, said during the battle of Al- Ahzab (the Confederates):

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

He performed the Asr prayer between Maghrib and Isha’. (Ahmad 1:113) 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 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. (Muslim 1:437, 438)

In addition, Imam Ahmad reported that Samurah bin Jundub said that Allah’s Messenger, peace and blessings of Allah be upon him, said:

“The Middle prayer is the Asr prayer.” (Ahmad 5:22)

In another narration, Allah’s Messenger, peace and blessings of Allah be upon him, mentioned:

”Guard strictly (five obligatory) As-Salawat (the prayers) especially the Middle Salah” and stated that it is the Asr prayer. (Ahmad 5:8) In another narration, Allah’s Messenger, peace and blessings of Allah be upon him, said: ”It is the Asr prayer”, and Ibn Ja’far mentioned that the Prophet, peace and blessings of Allah be upon him, was then being asked about the Middle prayer. (Ahmad 5:7) In addition, Abu Hatim bin Hibban reported in his Sahih that Abdullah said that Allah’s Messenger, peace and blessings of Allah be upon him, said:

”The Middle prayer is the Asr prayer.” (Ibn Hibban 3:121)

At-Tirmidhi reported that Ibn Mas’ud narrated that Allah’s Messenger, peace and blessings of Allah be upon him, said:

 ”The Asr prayer is the Middle prayer.”

At-Tirmidhi then stated that this Hadith is of a Hasan, Sahih type.  (Tuhfat Al-Ahwadhi 8:329) Muslim reported the Hadith in his Sahih and his wordings are:

”They (disbelievers) busied us from performing the Middle prayer, the Asr prayer.” (Muslim 1:437)

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, peace and blessings of Allah be upon him, emphasized the necessity of preserving the Asr prayer, when he said, as Ibn Umar narrated:

“Whoever misses the Asr prayer will be like who has lost his family and money.” (Muslim 1:436) It is reported in the Sahih that Buraydah bin Al-Husayb said that the Prophet, peace and blessings of Allah be upon him, said:

“On a cloudy day, perform the (Asr) prayer early, for whoever misses the Asr prayer, will have his (good) deeds annulled.” (Ibn Majah 1:224)

The Prohibition of speaking during the Prayer

Allah said: “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, peace and blessings of Allah be upon him, refused to answer Ibn Masud when he greeted him while he was praying and said afterwards:

“The prayer makes one sufficiently busy.” (Muslim 1:382)

(i.e., by the various actions of the body, tongue and heart involved during the prayer.)

Muslim reported that the Prophet, peace and blessings of Allah be upon him, said to Muawiyah bin Hakam As-Sulami when he spoke during the prayer:

“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.” (Muslim 1:381)

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: “And stand before Allah with obedience” we were ordered to refrain from speaking.” (Ahmad 4:368) The Group (i.e., the Hadith collections), except Ibn Majah, reported this Hadith.

The Fear Prayer

Allah said: ”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: ”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, peace and blessings of Allah be upon him.” (Al-Muwatta 1:184) Al-Bukhari and Muslim reported the Hadith. (Fath Al-Bari 8:46 Muslim 1:547)

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 Rakah while traveling and one Rakah during times of fear.”  (Muslim 1:478) 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-Awzai 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 Rakah. If they are unable, they should then pray one Rakah 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.” (Fath Al-Bari 2:503) This is the wording of Al-Bukhari.

Prayer during the Times of Peace is performed normally

Allah said: ”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: “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 ,

 “…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:

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

{240. 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). And Allah is All-Mighty, All-Wise.

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

242. Thus Allah makes clear His Ayat (Laws) to you, in order that you may understand.}

 

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:

 “…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: “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.” (Fath Al-Bari 8:48)

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: “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 Abi Hatim 2:871)

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: “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:

 “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).” (At-Tabari 5:255)

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: “four monthsand ten days.” (2:234) Al-Bukhari reported that Mujahid said that: “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: “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: “…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: “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: “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.”  (Al-Bukhari 4531, 5344)

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 Kab bin Ujrah. She said that Fariah  bint          Malik bin Sinan, the sister of Abu Said Al- Khudri, told her that she came to Allah’s Messenger 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 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 answered in the positive. While I was in the room, Allah’s Messenger summoned me or had someone summon me and said: “What did you say?” I repeated the story to him about my (deceased) husband. He said: “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.” (Al-Muwatta 2:591) This Hadith was also collected by Abu Dawud, At- Tirmidhi, An-Nasa’i and Ibn Maj ah. At -Tirmidhi said, “Hasan Sahih”.

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

Allah said: “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: “…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: “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: “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: “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, “in order that you may understand” meaning, understand and comprehend.

 

Tafsir Ibn Kathir (Abridged) Pages 660-680

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