Laws of Surah Baqarah V.229

بسم الله الرحمن الرحيم

ٱلطَّلَـٰقُ مَرَّتَانِ‌ۖ فَإِمۡسَاكُۢ بِمَعۡرُوفٍ أَوۡ تَسۡرِيحُۢ بِإِحۡسَـٰنٍ۬‌ۗ وَلَا يَحِلُّ لَڪُمۡ أَن تَأۡخُذُواْ مِمَّآ ءَاتَيۡتُمُوهُنَّ شَيۡـًٔا إِلَّآ أَن يَخَافَآ أَلَّا يُقِيمَا حُدُودَ ٱللَّهِ‌ۖ فَإِنۡ خِفۡتُمۡ أَلَّا يُقِيمَا حُدُودَ ٱللَّهِ فَلَا جُنَاحَ عَلَيۡہِمَا فِيمَا ٱفۡتَدَتۡ بِهِۦ‌ۗ تِلۡكَ حُدُودُ ٱللَّهِ فَلَا تَعۡتَدُوهَا‌ۚ وَمَن يَتَعَدَّ حُدُودَ ٱللَّهِ فَأُوْلَـٰٓٮِٕكَ هُمُ ٱلظَّـٰلِمُونَ

“Divorce is twice; then either to retain in all fairness, or to release nicely. It is not lawful for you to take back anything from what you have given them, unless both apprehend that they would not be able to maintain the limits set by Allah. Now, if you apprehend that they would not maintain the limits set by Allah, then, there is no sin on them in what she gives up to secure her release. These are the limits set by Allah. Therefore, do not exceed them. Whosoever exceeds the limits set by Allah, then, those are the transgressors. (229)

Ruling: “Divorce is twice; then either to retain in all fairness, or to release nicely. ” In the days of Jahiliyya, men used to issue as many divorces as they wanted. In the iddah, he would take her back then divorce her once again. This caused a lot of hardship upon the women. This verse comes to show that revocable divorce can only be given twice. The divorce where a man can take back his wife in the iddah is either one or two. If he wishes he can take her back, or if he wishes he can let her go in a good way by either letting her iddah finish without taking her back, or issuing the third divorce. Once one or two divorces were given and the iddah expires, the right to revoke expires but they can get married anew. So again, if he keeps his wife it should be with the intention of living in a good manner together. (Tafsir Uthmani V1 pg 240)eece

Ruling: “Now, if you apprehend that they would not maintain the limits set by Allah, then, there is no sin on them in what she gives up to secure her release.” This part of the verse brings up the ruling of khulla. Sometimes, there may be cruel husbands who infringe upon their wives’ rights. He may not wish to divorce nor retain her. The wife under such circumstances is placed under duress and in such helplessness the husband demands the return of the mahr in exchange for the divorce. This is the situation declared to be haram in the verse. However, in the situation where a couple despite all efforts cannot reconcile and they feel that by remaining together the laws and limits of Allah will be transgressed, they may opt for khulla. If the husband was at fault, he should issue the divorce without accepting any recompense. If the wife was at fault, he should only accept that which equals her mahr. If he demands more, the khulla will be valid but he will be guilty of sin. (Maarif Al Quran V1 pg 577) (Anwaar Al Bayan V1 pg 290)

Author: Hamza

Leave a Reply

Your email address will not be published. Required fields are marked *