Indexed OCR Text

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Surah Al-Baqarah 2 : 229 - 230
have collected these incidents therein. Recently, "Umdah al-Athath', a
book written on this subject by Maulana Abu al-Zahid Muhammad
Sarfaraz has been published and is sufficient enough. Quoted here are
only three ahadith.
The report by Mahmud ibn Labid mentioned earlier with reference
to al-Nasa'i does record the expression of extreme anger by the
Messenger of Allah on the giving of three talaqs at one time, so much
so, that some sahabah (Companions) thought that the person deserved
being killed. But this is not reported anywhere that he ruled the man's
talaq to be a revocable talaq and let the man have his wife back.
On the contrary, the second report that follows clearly indicates
that the Holy Prophet ¿ has enforced the three simultaneous talaqs of
Sayyidna 'Uwaymir in spite of displeasure. Very similarly, Qadi Abu
Bakr ibn al-'Arabi has, in relation to the previously quoted hadith of
Mahmud ibn Labid, reported that the Holy Prophet @ had enforced
his three talaqs similar to the three talaqs of Sayyidna 'Uwaymir. His
words are:
فلم يرده النبى صلى الله عليه وسلم بل أمضاه كما فى حديث عويمر
العجلانى فى اللعان حيث امضى طلاقه الثلاث ولم يرده
So, the Holy Prophet did not reject it. He enforced it in-
stead. As it appears in 'Uwaymir al-'Ajlani's hadith of li'an,
the Holy Prophet & had enforced his three talaqs and had not
rejected it.
The second hadith, that of Sayyidah 'A'ishah Lu Jo, appears in
Sahih al-Bukhari in the following words:
ان رجلا طلق امرأته ثلاثا فتزوجت فطلق فسئل النبى صلى الله عليه وسلم
اتحل للاول قال حتى يذوق عسيلتها كما ذاقها الاول
A man pronounced three talaqs on his wife. When the woman
married elsewhere, the other husband also divorced her. The
noble Prophet
was asked: 'Is this woman halal (lawful)?'
He said: 'Not unless the other husband has had intimacy with
her as was done by the first husband.'
The words of the the report indicate that the three talaqs were
given at the same time. Commentaries on Hadith, such as Fath

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Surah Al-Baqarah 2: 229 - 230
al-Bari, 'Umdah al-Qari, al-Qastalani, confirm this reading of the
report, that is, three talaqs were given at the same time. And the
hadith carries the decision thereupon, that the Holy Prophet @ made
these three talaqs effective and ruled that, unless there occurs marital
intimacy with the second husband, she will not become lawful for the
first husband, simply by having been divorced by the former.
The third report is that of Sayyidna 'Uwaymir al-'Ajlani, who did
his li'an ( ;W : sworn allegation of adultery) against his wife in the
presence of the Holy Prophet , and following that, he said:
فلما فرغا قال عويمر كذبت عليها يا رسول اللّه ان امسكتها فطلقها ثلاثا
قبل ان يامره النبى صلى الله عليه وسلم
So when they were through with li'an, 'Uwaymir said: 'I shall
be telling a lie if I retained her'. Then, he gave her three ta-
lags before the Holy Prophet . could give his verdict. (Sahih
al-Bukhari including Fath al-Bari Sahih Muslim page 289, volume1)
And Abu Dharr as Algo, has, on the authority of Sayyidna Sahl ibn
Sa'd, reported this incident in the following words:
فانفذه رسول الله صلى الله عليه وسلم وكان ماصنع عند رسول الله صلى
اللّه عليه وسلم سنة قال سعد حضرت هذا عند رسول الله صلى عليه وسلم
فمضت السنة بعد فى المتلاعنين أن يفرق بينهما ثم لا يجتمعان ابدا
Then the Holy Prophet g enforced it, and that which hap-
pened in the presence of the Holy Prophet , became estab-
lished as Sunnah. Sa'd says: 'On this occasion, I was present
when this occured before the Holy Prophet . So, following
that, the practice became common that they should be separ-
ated after which the two should never be united. (Abu Dawud)
In this hadith, it is proved with full clarity that the Holy Prophet
has enforced the three simultanously-pronounced talaqs of
Sayyidna 'Uwaymir ruling these as three.
And in the previous report of Mahmud ibn Labid as well, as
corroborated by the report of Abu Bakr ibn al-'Arabi, it is mentioned
that three talaqs were enforced but, even if this was not so, at least
this much is not reported anywhere that the Holy Prophet _ ruled it
to be one revocable divorce pronouncement, and allowed the husband
to retain his wife.
To sum up, the three ahadith under reference prove that, despite
the fact of three simultaneous talaqs which invited the extreme anger

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Surah Al-Baqarah 2 : 229 - 230
of the Holy Prophet , their consequence, in any case, was that all
three talaqs were ruled effective.
The action taken by Sayyidna Faruq Al-A'zam:
Now the above discussion proves this much that holding three
talaqs as three was a decision of the Holy Prophet himself .
However, at this point, an incident related to Sayyidna Faruq
Al-Azam رضى الله عنه ,which has been reported in Sahih Muslim and
several other books of Hadith, raises a problem. The words are:
عن ابن عباس رضى الله عنهما قال : كان الطلاق على عهد رسول الله
صلى الله عليه وسلم وأبى بكر وسنتين من خلافة عمر طلاق الثلت واحدة
فقال عمر بن الخطاب: إن الناس قداستعجلوا فى أمر كانت لهم فيه أناة
فلوأمضينا عليهم ، فأمضاه عليهم ، (صحيح مسلم ج ١ ص ٤٧٧)
It has been reported from Sayyidna ibn 'Abbas رضى الله عنهما that
during the times of the Holy Prophet & and during the first
two years of the caliphate of Sayyidna Umar رضى الله عنه three
talaqs were taken as one. So, Sayyidna 'Umar said: 'People
are becoming haste-prone in a matter in which there was a
room for deferment for them. Therefore, it would be appropri-
ate if we enforce it on them.' Then he enforced it on them.
(Sahih Muslim, page 477, volume 1)
This declaration of Sayyidna 'Umar al-Faruq was made publicly in
the presence of Sahabah (Companions) and Tabi'in (their successors) --
after consultation with Şahabah having expertise in Fiqh. Rejection or
hesitation by any one of them has not been reported. Therefore, Imam
Ibn 'Abd al-Barr al-Maliki has reported a consensus on this; the
following words appear in al-Zurqani Sharh al-Mu'atta:
والجمهور على وقوع الثلاث بل حكى ابن عبدالبر الإجماع قائلا: ان خلافه
لا يلتفت إليه ، (زرقانى شرح مؤطا ج ٣ ص ١٦٧)
The overwhelming majority of the scholars of Shari'ah is of
the view that three simultaneous talaqs become effective. In
fact, Ibn 'Abd al-Barr, while reporting ijma' (consensus) on
this, has said: 'The contrary of this is not worth consideration.'
(al-Zurqāni: Sharp al-Mu'atta: page 167, v.3)
And Al-Nawawi says in Sharh Muslim:

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Surah Al-Baqarah 2 : 229 - 230
قال الشافعى و مالك وأبو حنيفة وأحمد وجماهير العلماء من السلف
والخلف يقع الثلاث ، وقال طاؤس وبعض أهل الظاهر: لايقع بذلك إلا
واحدة (شرح مسلم ج ١ ص ٤٧٨)
Imam al-Shafi'i, Imam Malik, Imam Abu Hanifah, Imam Ah-
mad and a large number of earlier and later 'ulama' have said
that three talaqs do become effective. And Taw'us and some
Zahiri adherents have said what becomes effective with this is
one talaq only. (Sharh Muslim, page 475, volume 1)
Imam al-Tahawi says in Sharh Ma'ani al-Athar:
فخاطب عمر رضى الله عنه بذلك الناس جميعا ، وفيهم أصحاب رسول
اللّه صلى الله عليه وسلم، رضى الله عنهم الذين قد علموا ما تقدم من
ذلك فى زمن رسول اللّه صلى اللّه عليه وسلم، فلم ينكر عليه منهم منكر
ولم يدفعه دافع . (شرح معانى الاثارج ٢ ص ٢٩)
So, Sayyidna 'Umar addressed people on this subject publicly,
and present among those were Companions of the Holy Proph-
et & who knew about the method practiced prior to this dur-
ing the time of the Holy Prophet g . But no one from among
them challenged it and no one from among them rejected it.
(Sharh al-Ma'ani p. 29, v.2)
In the event cited above, no doubt, the course of action for the
Muslim community has been laid down with the consensus of Sahabah
and Tabi'in, warning that giving three talaqs simultaneously is
certainly a cause of the anger of the Holy Prophet , and therefore
undesirable, but despite this, anyone who commits this mistake will
end up finding that his wife has become unlawful for him, and
thereafter, not to become lawful again, unless she goes through the
process of marrige and divorce with another man.
Intellectually and theoretically, two questions arise here. First: As
stated earlier with the support of several hadith reports, it stands
proved that the Holy Prophet has himself enforced three talaqs on
those who gave three talaqs simultaneously. They were not permitted
by him to revoke the divorce pronouncements or enter into a fresh
marriage contract. What would then be the meaning of what Sayyidna
'Abdullah ibn 'Abbas said in relation to this incident, that is, during
the times of the Prophet, during the Siddiqi caliphate, and upto to two

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Surah Al-Baqarah 2 : 229 - 230
years, during the Faruqi caliphate, three talaqs were taken as one
when Sayyidna Faruq al-A'zam gave the ruling about three talaqs.
The second question is that if it is accepted that three talaqs were
taken as one during the times of the Holy Prophet and the Siddiqi
caliphate, how it was that Sayyidna Faruq al-A'zam Le JI yo, changed
this decision? And even if, supposedly, a mistake was made by him,
how did all the Sahabah present there accept it?
Both these questions have been answered variously by respected
fuqaha' and muhaddith in. The most clear and unburdened answer
given is the one by Imam Nawawi which he has reported in Sharh
Muslim calling it 'the most authentic (~ol)' suggesting that this
executive order of Sayyidna Faruq al-A'zam and the total agreement
(¿lol) of the noble Sahabah upon it, should be related to a particular
form of three talaqs in which someone might say three times: 'You are
divorced, you are divorced, you are divorced' -- or he might say: 'I
divorce you, I divorce you, I divorce you'.
This situation, meaning-wise, has two possibilities. (1) The
pronouncer may have said these words with the intention of giving
three talaqs. (2) The three repeated pronouncements were simply for
the sake of emphasis without any intention of giving three talaqs, and
it is obvious that the knowledge of intention can come only through
the statement of the pronouncer. During the blessed times of the Holy
Prophet truth and honesty were common and dominant. If, after
using such words, someone stated that he did not intend to give three
talaqs, instead, the words were said repeatedly just for the sake of
emphasis, the Holy Prophet would then confirm his sworn
statement and rule that this was only one talaq.
This is corroborated by the hadith of Sayyidna Rukana Le dl ,
which says that he had divorced his wife with the word, 'albattah'.
This word was spoken for three talaqs in common Arab usage but the
sense of three was not clear in it. Sayyidna Rukana de Algo, said: 'I
never intended three talaqs with this word. In fact, I wanted to give
one talaq'. The Holy Prophet & put him on oath to which he swore.
Then, he ruled it to be only one talaq.
This hadith appears in al-Tirmidhi, Abu Dawud, Ibn Majah and
al-Darimi with different chains of authorities and in different words.
Some of the words also indicate that Sayyidna Rukana Le Mus, had
given three talaqs to his wife. But, Abu Dawud has preferred the
position that Sayyidna Rukana, in reality, had given talaq by using the

589
Surah Al-Baqarah 2 : 229 - 230
word 'albattah' (JI). Since this word was used for three talaqs in
common usage, some narrator has interpreted it as three talaqs.
In any case, this hadith proves, as generally agreed upon, that the
Holy Prophet @ ruled Sayyidna Rukana's talaq to be one only when
he declared on oath that he did not intend to give three talaqs. This
too, indeed, proves that he had not pronounced the words of three
talaqs explicitly and clearly, otherwise there would have remained no
possibility of his having not intended three talaqs and consequently,
there would have been no need to question him.
The incident clarifies that if the words of talaq had two possibilities
about whether the husband had actually intended to give three talaqs
or he had used the words of divorce thrice just for the sake of
emphasis, and had actually intended to give one talaq only, the Holy
Prophet ruled only after a solemn declaration under oath, that it
was one because those were the days of truth and honesty and the
chance that someone would take a false oath was far too remote.
This practice continued during the caliphate of Sayyidna Siddiq
al-Akbar and during the first two years of the caliphate of Sayyidna
Faruq al-A'zam. It was during his time that Sayyidna Faruq al-A'zam
realized that the standard of truth and honesty was on the decline
now, and according to the prophecy made in hadith will further decline
in the future. On the other hand, incidents became numerous wherein
those who pronounced the words of divorce three times started
declaring that their intention was that of one talaq only. It was then
realized that should the practice of ruling (three talaqs as) one talaq
following confirmation of the statement of intent by the pronouncer of
talaq continue like this into the future, it will not be too far when
people start misusing this concession given by the Shari'ah and go
about lying that their intention was for one talaq just to take a wife
back. All Şahabah, finding the intelligence and far-sightedness of
Sayyidna Faruq al-A'zam in the management of religion (din) as
correct, agreed with him. These were blessed people who knew the
thinking of the Holy Prophet . They came to the conclusion that,
should he be present in their particular time, surely he too, would not
rule on the basis of the intention hidden in hearts and on the
statement given by the person concerned. Therefore, the law he made

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Surah Al-Baqarah 2: 229 - 230
for this purpose declared that whosoever repeats the word of talag
three times will find his very three talaqs ruled as effective. His
contention -- that he had intended to give only one talaq -- would not
be considered (in the courts) as valid.
In the foregoing incident related to Sayyidna Faruq al-A'zam, the
words of the report themselves confirm the subject under discussion.
He said:
إن الناس قداستعجلوا فى أمر كانت لهم فيه اناة فلوأمضينا عليهم
People are becoming haste-prone in a matter in which there
was a room for deferment for them. Therefore, it would be ap-
propriate if we enforce it on them.
This explanation of the executive order of Sayyidna Faruq
al-A'zam as Algo, , and the consensus of the noble Sahabah on it, is
confirmed by Hadith reports as well. It automatically supplies answers
to the two questions referred to above.
The problem is resolved as we know that a particular talaq
(divorce) given by the word 'three', or the repetition of the word talaq
with the intention of 'three', were ruled as three after all -- even
during the time of the Holy Prophet . The ruling of one' concerns a
talaq in which thalath or 'three' is not mentioned clearly or in which
the act of giving three talaqs is not admitted and instead, it is claimed
that the count of three was for emphasis only.
Then the other question -- when the Holy Prophet had already
ruled three divorce prnouncements to be one, why did Sayyidna
'Umar ate Algo, act otherwise and how did the noble Companion agree
with it? -- is also eliminated because, in this particular situation,
Sayyidna 'Umar has blocked the indiscriminate use of the leave given
by the Holy Prophet . God forbid, there is no trace of doubt here
about any decision of the Holy Prophet , having been reversed.
Now that all doubts have been removed, let Allah be praised. The
purpose here does not warrant going into comprehensive and
exhaustive details on the subject of three talaqs. That appears in
extensive details in Hadith commentaries and several 'ulama have
explained it in detailed treatises. Here, this much is sufficient to
understand the subject. And Allah is our supporter and helper.

591
Surah Al-Baqarah 2: 231 - 232
Verses 231 - 232
وَإِذَا طَلَّقْتُمُ النِّسَاءَ فَبَلَغْنَ أَجْلَهُنَّ فَأَمْسِكُوُهُنَّ بِمَعْرُوْفٍ أَوْ
سَّرِّحُوْهُنَّ بِمَعْرُوْفِهٌ وَلَا تُمْسِكُوْهُنَّ ضِرَارًا لِتَعْتَدُوْاْ وَمَنْ
◌َيَّفْعَلُ ذَلِكَ فَقَدُ ظَلَمَ نَفْسَهُ وَلَا تَتَّخِذُوْا أَيْتِ اللهِ هُوَّاد
وَاذْكُرُوا نِعْمَتَ اللَّهِ عَلَيْكُمْ وَمَا أَنْزَل عَلَيْكُمُ مِّنَ الْكِتْبِ
وَالْحِكْمَةِ يَعِظُكُمُ بِهْ وَاتَّقُوا اللّهَ وَاعْلَمُوْا أَنَّ اللَّهَ بِكُلِّ شَيْىٍ
عَلِيْمُ(١) وَإِذَا طَلَّقْتُمُ النِّسَاءَ فَبَلَغْنَ آَجَلَهُنَّ فَلا تَعْضُلُوْهُنَّ أَنْ
◌َّنْكِحُنَ أَزْوَاجُهُنَّ إِذَا تَرَاضَوْا بَيْنَهُمْ بِالْمُعَرُوْفِ ذَلِكَ يُوْعَظُ بِه
مَنْ كَانَ مِنْكُمُ يُؤْمِنُ بِاللَّهِ وَالْيَوْمِ الْآخِرُ ذَلِكُمُ أَزْكَى لَكُمُ
وَأَطْهَرُ وَاللّهُ يَعْلَمُ وَأَنْتُمْ لَا تَعْلَمُوُنَ )
And when you have divorced women, and they have
reached (the end of) their waiting period, then, either
retain them as recognized or release them as
recognized. And do not retain them with wrongful
intent resulting in cruelty on your part. And whoever
does this actually wrongs his own self. And do not take
the verses of Allah in jest, and remember the grace of
Allah on you and what He has revealed to you of the
Book and the wisdom giving you good counsel thereby.
And fear Allah, and be sure that Allah is all-knowing in
respect of everything.
And when you have divorced women and they have
reached (the end of) their waiting period, do not
prevent them from marrying their husbands when they
mutually agree as recognized. This is how advice is
given, to one of you who believes in Allah and in the
Hereafter. This is more pure and clean for you. And
Allah knows and you do not know. (Verses 231 - 232)
Commentary:
In the previous two verses, it will be recalled, important rules of
the law of talaq (divorce) were given. Also delienated there was the
just and moderate system of divorce in Islam. Now some other
relevant injunctions and rulings have been mentioned in the verses
under discussion (231 - 232).

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Surah Al Baqarah 2 : 231 - 232
Special instructions for revocation of divorce
or annulment of marriage
The first rule given in the first verse is: When women divorced
revocably reach near the completion of their 'iddah (waiting period),
the husband has two choices; either he may revoke his divorce and let
her continue to be married to him or he may not revoke his divorce,
discontinue the nikah relationship and release her totally.
But along with both these choices, the noble Qur'an places a
restriction which requires that a wife, if retained, must be retained in
accordance with a manner well-recognized and should it come to a
parting of ways, even then, the parting should be in accordance with
the rule as approved by the Shari'ah. Here, the word ,ju (in
fairness), which appears separately at both the places, suggests that
there are some conditions and rules governing the choice of retaining,
similarly as there are, in the choice of releasing. When choice is made
from either of the two options, it must be done in accordance with the
method prescribed by the Shari'ah and not under the heat of spot
anger or sentiments. Some of these rules of Islamic law appear in the
Qur'an itself. Rest of the details have been given by the Holy Prophet
صَلىالله
For instance, should the thought of ugly consequences of
separation after the incident of divorce produce a change of heart in
favour of revoking it and keeping the marriage intact, then the
Shari'ah has a method. It stipulates that the purpose in doing so
should be to wash out past anger and displeasure and resolve to live
anew in good family relationship with intention to give her the due
rights. The purpose should not be to hold the woman in captivity or to
harass and torture her. Therefore, the following words were said in the
verse under reference : وَلَا تُمُسِكُوُهُنَّ ضِرَارًا لِتَعْتَدُوا , that is, 'do not retain them
with intent to harm them unjustly'.
The other method of raj'ah (revocation) has been mentioned in
Sūrah Al-Talaq:
وَأَشْهِدُوْا ذَوَىٌ عَدُلٍ مِّنْكُمْ وَأَقِيُمُوا الشَّهَادَةَ لِلْهِ
And let two trustworthy persons from amongst you be wit-
nesses; then, let witness be given if needed, precisely for the
sake of Allah, (without fear or favour). (65:2)

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Surah Al-Baqarah 2: 231 - 232
It means that anyone intending to take his wife back by rajah
(revocation) should invite two trustworthy Muslims to act as
witnesses. Out of the many advantages it has, one is the possible use
of these witnesses in case there is a legal claim against raj'ah filed by
the woman.
Moreover, if the rule of having witnesses on raj ah is not observed
there is a possibility that someone, out of selfishness or Satanic
instigation, comes up with a claim, even after the 'iddah has expired,
that he had already done his raj'ah (revocation) before the expiry of
'iddah (waiting period).
In order to eradicate these evils, the Holy Qur'an has directed that
the act of revocation should have two trustworthy witnesses.
Looking at the other side of the matter, it is also possible that
hearts remain heavy and anger does not go away even after the long
span of 'iddah which has given them sufficient time for thinking. So, a
termination of relationship may seem to be the choice, in which case
the danger of hostile emotions flaring up is acute, which again may
become contagious -- starting from two persons, it could envelope two
families and could become, for both, a danger for both this world and
the Hereafter. To offset this danger, it was briefly said: 9 331:
'Or release them in fairness,' that is, if you have to leave or free a wife
and sever your relationship with her, that too, must be done in
accordance with the recognised method. Some details of this method
are given in the noble Qur'an itself; rest of the details stand proved
through what the Holy Prophet @ said and did.
For instance, in the preceding verse, it was said: Echt ;sites,
les sesì that is, do not take back (without a valid ground admitted by
the Islamic Law) that which you have already given to the woman as
mahr (dower), in return for the divorce, or go about demanding some
other compensation.
وَلِلْطَلَّمَّتِ مَتَاعٌ بِالْمُعَرُوُيِ حَقًّا عَلَى الشَّتَّقِينَ : Then, in the following verse, it was said
, that is, 'for all divorced women, there is some benefit as recognized
rightly due on those who fear Allah'. The explanation of 26 : mata' or
compensatory benefit to be given to a divorced wife is that she should
be given some present or cash or a set of clothing at the least. Thus the
fulfillment of some rights of the divorced wife has been made

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Surah Al-Baqarah 2 : 231 - 232
mandatory for the divorcing husband while the fulfillment of some
others has been assigned to him in the form of kind treatment and
good conduct. This is a chaste lesson in high morals and social
manners which points to the fact that, just as the marriage was a
transaction and mutual contract, the divorce is the termination of a
transaction. There is no reason why the termination of this
transaction should be a hotbed of enmity and hostility. The final
annulment of the transaction should also be done decently and
compassionately, that is, following talaq, the divorced wife should be
given some benefits.
The details of this 'benefit' are that he should allow her to stay in
the family house during 'iddah, pay for her total sustenance, pay the
full amount of mahr (dower) if still unpaid while intercourse has
already occurred; and in case the incident of divorce has occurred
before intercourse, then half of the dower should be paid in good cheer.
All these are obligatory rights which have to be given to a divorced
woman necessarily; however, it is not only desirable but excellent as
well, if the divorced wife, on her parting day, goes with some cash or at
the least, with a set of clothing as parting gift. Subhan Allah, what a
decent teaching it is -- all that customarily causes quarrels and fights
and takes families to ruin has been so wisely transformed into
everlasting goodwill and peace.
After all these injunctions, it was said: وَمَنْ يَفُعَلُ ذَلِكَ فَقَدُ ظَلَمَ نَفْسَه ,that is,
anyone who acts against these divine commands will harm none but
himself. It is obvious that Hereafter (the life to come) will be the place
where every injustice and cruelty will be avenged in the sight of Allah
and the oppressor is not going to move one step forward unless the
oppressed is avenged.
If we ponder with discernment and hindsight, we shall discover
that, if some oppressor gets away with his cruelty against the
oppressed, the evil consequences of this act do disgrace him, more than
often, right here in this world. He may or may not comprehend it, but
fairly often, he is overtaken by misfortunes which make him taste at
least some retribution of his oppression during his life of the mortal
world. This is what Shaykh Sa'di, mercy be on him, said in a Persian
couplet:

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Surah Al-Baqarah 2 : 231 - 232
بنداشت ستمكركه جفا برما كسرد
بركردن وح بماند وبرما بگذشت
The
oppressor
presumed that he had
hit
me.
But his weapon boomeranged back into his neck while it sailed past me!
The noble Qur'an has an approach which is wise, and a style that
is special, when it does not describe law in the manner penal laws of
the world are described. It rather explains its injunctions in a
sympathetic and persuasive manner, showing its wisdom and
describing the series of losses man suffers while acting against it,
which, if duly understood, will render one incapable of embarking on
such crimes. So, behind every law there comes the reminder that man
must fear Allah and that man should never forget his accountability in
the Hereafter.
Do not make a marriage and divorce a plaything
The second rule presented in this verse is that the word of Allah
: ولا تتخذوا آيات الله هزوا :should not be taken lightly as some amusement
'And do not take the verses of Allah in jest.' According to one
explanation of the expression -- playing games with the verses of
Allah or making a mockery of it -- means acting against Divine
ordinances in matters of marriage and divorce. The second explanation
reported from Sayyidna Abu al-Darda' e Jo, is that some people
during pre-Islam Arabia would give divorce or free a slave, then they
would go back on their word and start saying that this was all in fun;
talaq (divorce) or 'itaq (to free a slave) was not intended. Thereupon,
this verse was revealed which gave the ruling that anyone going
through divorce and marriage, even if it be playfully or jokingly, would
find these enforced and the plea of 'having no intention' will not be
accepted as valid.
The Holy Prophet & has said that there are three things in which
acting seriously, or in jest, are both equal: One -- talaq (divorce); two -
'itaq (to free a slave); three -- nikah (marriage) (reported by Ibn Marduwayh
from Ibn al-'Abbas and Ibn al-Mundhir from 'Ubadah ibn al-Samit).
This hadith has been reported from Sayyidna Abu Hurayrah in the
following words:
ثلاث جّدهن جّد وهزلهن جّد: النكاح والطلاق والرجعة

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Surah Al-Baqarah 2 : 231 - 232
It means that there are three things which take effect equally
whether done seriously or jokingly. These are: The marriage,
the divorce and the revocation of divorce. (Mazhari)
The Islamic law governing these three is: Should a man and a
woman go through the process of offer and acceptance before
witnesses, even if it be without any intention or just in jest, the
marriage stands solemnized anyway. Similarly, if divorce is given in
clear words, without any intention, or just in jest, divorce takes effect;
or revocation, if done, becomes valid too. Similarly again, if a slave is
playfully declared to be free, the slave becomes free. Jest or fun are not
taken as valid excuses.
After stating this injunction, the noble Qur'an then educates man,
in its unique style, how he should obey Allah Almighty and fear the
consequences of the life to come (akhirah). It was said:
وَاذْكُرُوا نِعْمَةَ اللَّهِ عَلَيْكُمْ وَمَا أَنْزَلَ عَلَيْكُمُ ◌ِنَ الْكِتْبِ وَالْحِكُمَةِ بَعِظُكُمْ بِهِ
وَاتَّقُوا اللّهَ وَاعْلَمْوْاَ آَنَّ اللَّهَ بِكُلِّ شَيْئٍ عَلِيُّ )
That is, 'And remember the grace of Allah on you and what He has
revealed to you of the Book and the wisdom giving you good counsel
thereby. And fear Allah, and be sure that Allah is all-knowing in
respect of everything' -- It means: He knows the secrets hidden in your
hearts, your intentions and your purposes. Therefore, when you have
to release your wife from your marriage bond by giving divorce, you
should do so with the intention of avoiding mutual disputes, loss of
mutual rights and doing injustice, and not with the intention of
releasing anger on your wife or disgracing or hurting her.
The basic rules of giving a divorce
The third rule identified in this verse is: Should a man be left with
no other option but divorce, then the basic and true method in the
view of Shari'ah and Sunnah is that he should give one revocable
divorce in clear and unambiguous words so that the choice of taking
the wife back remains open. Words that cause sudden severance of
marriage relationship should not be spoken. This is known as al-talaq
al-ba'in, the divorce that cannot be revoked. In addition to this,
reaching three talaqs must be avoided following which even fresh
marriage between the couple becomes haram (unlawful). This point is
indicated by the use of the universal and unqualified words in [ pas

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Surah Al-Baqarah 2: 231 - 232
(when you have divorced women), because the injunction contained in
this verse covers only one or two revocable talaqs. It does not concern
the irrevocable three talags; but the Holy Qur'an, by not mentioning
any related qualification, has suggested that the real talaq (divorce) is
none other than the revocable talaq as approved by the Shari'ah.
Other forms are not devoid of repugnance or undesirability.
Rules of the remarriage of the divorced women
The second verse stops the unjust treatment meted out to divorced
women, that is, they are discouraged to marry again. In some cases
the first husband generally opposes the idea of his divorced wife
marrying someone else and considers this to be a violation of his
honour. In some families, even guardians of the divorced woman stop
her from marrying a second time -- some of them often do that out of
greed hoping to let her marry only when there is some financial gain
for them. There are times when the divorced woman agrees to remarry
her former husband but the guardians and relatives develop a sort of
hostility towards him after the incident of divorce. As such, they
oppose their remarriage even after both of them agree to it. Stopping
free women, without any valid reason admitted by Islamic law, from
marrying at their choice, is a grave injustice whether it comes from the
former husband or from the guardians of the woman. This injustice
has been prevented through this verse.
This verse was revealed in the background of an incident of this
nature. It appears in Şahin al-Bukhari that Sayyidna Ma'qil ibn Yasar
ue Algo, had given his sister in marriage to someone. He divorced her
and the period of 'iddah expired as well. Following that, this man was
sorry for what he did and wished to remarry her. His wife, that is, the
sister of Ma'qil ibn Yasar ar Uly», also agreed to it. When this man
talked to Ma'qil about it, he said, of course, in anger against the man's
act of divorce: 'I did you an honour. I gave you the hand of my sister
and you did this to me. You divorced her. Now you have come again to
me so that I can let you marry her once again. By Allah, she will not
go back in your nikah now.'
There was another incident concerning a cousin of Sayyidna Jabir
ibn 'Abdullah as An , similar to the one above. Thereupon, this verse
was revealed in which the approach of Ma'qil and Jabir Lae Jn ye, was
declared to be undesirable and impermissible.

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Surah Al-Baqarah 2 : 231 - 232
The noble Sahabah (Companions) were true lovers of Allah
Almighty and His Messenger
. Such was the beneficence of the
verse that Ma'qil ibn Yasar's anger cooled down as he heard it. He
himself went to his former brother-in-law and gave his sister in his
marriage once again and then gave kaffarah (expiation) for his oath.
Similarly, Jabir also carried out the instruction.
Keeping in view the form of address used here, this verse includes
husbands who have given a divorce as well as the guardians of the
فَلَا تَعْضُلُوُهُنَّ أَنْ يَنْكِحُنَ أَزْوَاجَهْنَّ إِذَا تَرَاضَوا بَيْنَهُمْ :women. Both have been commanded
eu: that is, 'do not prevent them from marrying their husbands
when they mutually agree with fairness.' They may even be their pre-
vious husbands who had divorced them or they may be others. But a
condition has been imposed here which is : ◌ِإِذَا تَرَاضَُوا بَيْنَهُمْ بِالْمَعُرُوف ,that is,
'when they mutually agree with fairness.' It means: When a man and
woman agree to marry in accordance with the rules set by the Sha-
ri'ah, then, do not stop them from getting married. Here it was hinted
that the absence of an agreement between the two, or compulsion from
any quarter, is a valid reason for people around to stop them. Or, it
may be that there is mutual agreement of the couple but it is not in ac-
cordance with the method prescribed by the Shari'ah. For instance, the
couple may agree to live together without marrying; or may, in be-
tween them, enter into a new nikah illegitimately after three talaqs.
Still more, should there be an intention to marry another husband
during the period of 'iddah, every Muslim, specially those closely relat-
ed to the man and woman concerned, have a right to stop them from
doing so. In fact, it is wajib or obligatory to stop them within the limits
of one's ability.
Similarly, if a girl wishes to marry outside her kaf ( : equal, like)
without the permission of her guardians, or wishes to enter into nikah
(marriage) on a dower which is less than her mahr al-mithl (a dower
approximately similar to the one customary in her family) then this
affects the family. Since she has no right to do this, her consent is also
not in accordance with the method prescribed by the Shari'ah. In this
situation, the guardians of the girl have a right to stop her from this

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marriage. However, the words (ousts) :'When they mutually agree' do
point out that a sane and pubert girl cannot be given in marriage
without her consent or permission.
Towards the end of verse 232 there are three sentences appearing
one after the other. The first one is :ِذُلِكَ مُوٌعَظُ بٍِ مَنْ كَانَ مِنْكُمُ يُؤمِنُ بِاللَّهِ وَالْيَوْع الْأُخِر :It
means: 'These injunctions are for those who believe in Allah and the
Last Day.' Here it was hinted that the necessary outcome of believing
in Allah and the Last Day, (the Day of Judgment) is that man should
observe, practice and be bound by these Divine injunctions in toto.
Those who fall short in following these injunctions should realize that
their 'Iman or belief is in disarray.
In the second sentence, it was said: ذُلِكُمْ أَزْكِى لَكُمْ وَأَطُهَمُر ,that is,
'adherence to these injunctions is for you a modality of purity and
cleanliness.' It has been suggested here that the result of acting
contrary to these injunctions is defilement with the pollution of sin,
and involvement in discord and strife; for instance, if sane, pubert and
young girls were categorically prevented from marriage, it would, on
one hand, be an act of cruelty to them and a denial of their rights and
on the other, this would put their modesty and chastity in danger.
Thirdly, if God forbid, they get involved in sin, the resulting curse will
also fall on those who prevented them from marrying. And it is quite
possible that, much before the curse of the life to come (the akhirah),
the misfortune of these helpless women may drive men to the outside
limits of wars and murders, as is not uncommon even now. If that
happens, much before the curse of the akhirah, their deeds will become
a curse for them right here in this world. And if they were not,
categorically at least, prevented from marriage, but were forced to
enter into marriage with a person not of their choice and liking, that
too will result in perpetual hostility, discord and strife, or talaq
(divorce) and khul' (a : Divorce at the instance of wife against
compensation). Its unpleasant effects are obvious. It was, therefore,
said that in not preventing them from marrying the husbands of their
choice there is for you easy access to purity and cleanliness.
In the third sentence it was said: ◌َوَاللَّهُ يَعْلَمْ وَأَنْتُمُ لَا تَعْلَمُون , that is, 'and
Allah knows (that which is good for you) and you do not know'. The
purpose of this statement is that people who prevent divorced women

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from marrying see some benefits coming to them according to their
conjecture, for instance, the notion of retaining honour and prestige or
the hope of extracting some money on the pretext of their marriage. In
order to remove this Satanic deception and unjust expediency, it was
said: Allah Almighty knows very well what is suitable or beneficial for
you -- so, when injunctions are given, these considerations are already
taken care of. Since you do not know the reality of things and the end
of affairs, you go ahead with your imperfect thoughts and faulty
opinions, taking such things to be suitable or beneficial at times, while
in them there is nothing but ruin and destruction for you. The
assumed honour and prestige that you uphold will be rolling in dust if
divorced women were to go out of control. And when you think of
illegitimate monetary gains, it is likely that these may get you
involved in intrigues and conflicts which may become dangerous not
only for your money but also for your life.
The Qur'anic strategy about the enforcement of a law
At this point here, the Holy Qur'an presents a law to the effect that
preventing divorced women from marrying as they choose is
prohibited. Now, in order that acting in accordance with this law
becomes easy, and that a climate of acceptance is generated in the
public mind, these three sentences have followed after the initial
declaration of the law. In the first sentence man is induced to be ready
for action in accordance with this law by warning him against the
accountability of the Day of Judgment and the subsequent punishment
of crimes. In the second sentence, man is persuaded to abide by the
law by telling him about evils caused by acting against it and many a
harm that such contravention may bring to humanity. In the third
sentence it was said that your own betterment lies in abiding by the
law given by Allah Almighty. If, in acting against it, you have some
expedient gain in mind, that then, is an outcome of your
short-sightedness and insensitivity to consequences.
This manner and style of the Holy Qur'an does not end here; in
fact, it runs throughout all injunctions. When a law is identified, along
with it comes the warning that Allah is Almighty and that there is
accountability and punishment in the Hereafter. With the beginning
and the end of each law there are affixes and suffixes like dual (Fear

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Surah Al-Baqarah 2 : 231 - 232
،أنّ اللهَ Allah is All-Aware of what you do) and) إنَّ اللّهَ خَبِيرٌ بِمَا تَعْمُلُونَ Allah) and
2'&'& & (Allah is watchful of what you do). The Qur'an is, for the
whole world, and for the generations to come till the Day of Doom
(Qiyamah), a complete code of life, and a law covering all aspects of
living. Of course, it does describe restrictive ordinances and legal
punishments, but the manner in which these are handled is unique,
not to be found in the law books of the whole world. The diction it has
is more sympathetic than authoritarian. In the description of each law,
there is an objective approach that no man should, by disobeying it,
become deserving of punishment. This is not something like the
governments of the contemporary world which make a law, publish it
and then anyone who acts against it is left out to go through his
punishment.
Moreover, a rather long-term benefit that comes out of this method
of Qur'an and its special style, is that man, once he has sensed it, does
not start abiding by the law simply because he knows that acting
against it would bring some sort of punishment in the mortal world;
much contrary to this, he starts worrying about the displeasure of
Allah Almighty and the punishment that would come in the Hereafter
(akhirah) and this very concern of his renders his outside and inside,
his open and his secret, all even -- one and indivisible. He cannot act
against the law even at a place where there are no chances at all of his
being policed, openly or secretly, because he believes that Allah
Almighty, great is His Majesty, is present everywhere, watching and
knowing everything down to the minutest particle. This is the reason
why every Muslim abided by the law considering it to be an ideal of his
life as a result of the principles of clean social living taught by the
Qur'an.
Aside from identifying limits and restrictions of law, the
distinction of a Qur'anic system of government is that by using the
tools of persuasion and warning, it raises the standards of human
morals and character to heights where legal limits and restrictions
become second nature to him, before which he makes his personal
desires and preferences take the back seat. A hard look into the
history and governments of nations and the roster of crimes and
punishments they offer would show that law alone has never reformed

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any nation or individual. The police and the army alone have never
succeeded in rooting crimes out unless the fear of Allah Almighty and
the realization of His supreme greatness is impinged on human
hearts. That which helps prevent crimes is, in reality, the fear of Allah
and the fear of accountability on the Day of Judgment. If this is not
there, nobody can keep anybody away from crimes.
Verse 233
وَالْوَالِدُتُ يُرْضِعُنَ أَوْلَادَهُنَّ حَوْلَيْنِ كَامِلَيْنِ لِمَنْ آَرَادَ أَنْ يُتِمَّ
الرَّضَاعَةَ، وَعَلَى الْمَوْلُودِ لَهْ رِزْقُهُنَّ وَكِسْوَتُهُنَّ بِالْمَعْرُوفِ،
لَا تُكَلَّفْ نَفْسَّ إِلَّ وُسْعَهَاِ لَا تُضَارَّ وَالِدَةُّ بِوَلَدِهَا وَلَا
مَوْلُوْدَّلَّهْ بِوَلَدِّ وَعَلَى الْوَارِثِ مِثْلُ ذَلِلَ فَإِنْ أَرَادَا فِصَالًا
عَنْ تَرَاضٍ مِّنْهُمَا وَتَشَاوُرٍ فَلاَ جُنَاحَ عَلَيْهِمَاء وَإِنْ آَرَدْتُمْ أَنْ
تَسْتَرْضِعُوا أَوْلَادَكُمُ فَلَا جُنَاحَ عَلَيْكُمْ إِذَا سَلَّمْتُمْ مَّا أَتَيْتُمُ
بِالْمَعْرُوُفِ * وَاتَّقُوا اللَّهَ وَاعْلَمُوْاَ أَنَّ اللَّهَ بِمَا تَعْمَلْوُنَ يَصِيُ 0
And mothers suckle their children full two years; it is
for one who wants to complete the (period of) suckling.
And on him, to whom the child is born, falls the
provision of food and clothing for them (the mothers)
with fairness. Nobody is obligated beyond his capacity.
No mother shall be made to suffer on account of her
child, nor a man to whom the child is born, on account
of his child. And on the heir it falls likewise. Now, if
they want to wean, with mutual consent, and
consulation, there is no sin on them. And if you want to
get your children suckled (by a wet-nurse), there is no
sin on you when you pay off what you are to give, as
recognized. And fear Allah and be sure that Allah is
watchful of what you do. (Verse 233)
The injunctions of suckling the children by the mothers
This verse contains injunctions relating to rada'ah (Ll))) or the
suckling of children. It will be recalled that in verses appearing earlier
and later than this, the injunctions of talaq (divorce) have been taken
up. In between, there appear injunctions relating to the suckling of

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children, because it generally happens that issues concerning the
feeding and upbringing of children are disputed following a divorce.
Since these disputations lead to violence, this verse offers moderate
injunctions which can be carried out easily and appropriately by man
and woman both. For the two situations of suckling and weaning,
whether these show up during the period of marriage, or after divorce,
a system was suggested which helps stop mutual bickering, or
injustice to any of the parties.
For instance, it was said in the first sentence of the verse:
وَالْوَالِدْتُ يُرْضِعْنَ أَوْلَادَهُنَّ حَوْلَيْنِ كَامِلَيْنِ لِمَنْ أَرَادَ أَنْ يُِّمَّ الَّضَاعَةَ
that is, 'And mothers suckle their children for full two years' -- unless
there be some strong compelling reason which leads to weaning before
that time.
Some rules concerning rada'ah or suckling of children come out
from this verse; these are:
Suckling of children is an obligation of the mother
Naturally suckling is an obligation of the mother. If she does not
feed without a valid reason or because of some hostility or displeasure,
she will be a sinner. And she cannot accept any payment for suckling
from her husband, as long as she is married to him because that is her
own duty.
The total period of suckling
The second rule is about the total period of suckling which is two
years. Unless there be some special reason, it is the right of the child
that this period be completed.
From this we also know that the total time given for suckling is
full two years after which suckling should not be done. However, on
the basis of some verses of the Qur'an and reports from ahadith, Imam
Abu Hanifah ruled that if it was carried on over a period of 30 months
or two and a half years, all the legal effects of suckling shall be
applicable and if this was done because of the weakness of the child, a
legitimate excuse, it would then be no sin either. But breast-feeding a
child after completing two and a half years is unanimously haram
(forbidden).