Indexed OCR Text

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Surah At-Talaq: 65 : 1 - 7
severe divorce on you', or say 'No relationship exists between me and you'.
When such expressions are uttered as part of the pronouncement of
express divorce, or these expressions are uttered with the intention of
divorce, the divorce becomes effective at once, and he loses the right of
revocation. This in the terminology of Shari'ah is known as Talaq Ba'in
or irrevocable divorce. Even worse situation is when the husband
pronounces three divorces upon his wife after which the husband not only
loses his right of revocation, but they [husband and wife] also lose their
right to enter into a fresh marriage, even if they mutually agree as we
فَإِنْ طَلَّقَهَا فَلَا تَحِلُّ لَهُ مِنُ بَعُدُ حَتّى تَنْكِحَ زَوْجًا غَيْرَهُ" :have seen in Surah Al-Baqarah
(Thereafter, if he divorces her, she shall no longer remain lawful for him
unless she marries a man other than him. [2:230]
Three Simultaneous Divorces: Unlawful but Effective
Nowadays, total indifference to religion and heedlessness of its
injunctions is widespread, in the society. Not only the illiterate and
ignoramus, but also the literate people, like pleaders think that a divorce
pronounced or written less than three times is no divorce at all. It is
noticed daily that people who pronounce three simultaneous divorces
regret bitterly and are in search of legal loopholes, so that they do not lose
their wives.
Imam Nasa'i reports, on the authority of Sayyidna Mahmud Ibn
Labid de, in an authentic Tradition that the Holy Prophet was
informed about a person who had pronounced three divorces on the spur
of the moment to his wife. The Holy Prophet
having heard this became
angry. Therefore, pronouncing three divorces simultaneously, by
consensus of the Ummah, is prohibited. Even if a person pronounces three
divorces separately in three different clean periods, that too is
reprehensible, by consensus of the Ummah. Qur'anic verses themselves
confirm this by indication. The only disagreement lies in whether or not
this procedure of divorce is as prohibited and counted as bid'ah as
divorcing three times simultaneously. Imam Malik holds this procedure as
prohibited. Imams Abu Hanifah and Shafi'i do not view it as prohibited or
as bid'ah. In fact, they view it as an approved [sunnah] procedure of
divorce, but an abominable act nonetheless. Please see Ma'ariful Qur'an,
Vol. [1], PP 578-590 for detailed injunctions regarding three simultaneous
divorces.

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Surah At-Țalaq: 65 : 1 - 7
But just as the Ummah holds by consensus that pronouncing three
divorces simultaneously is prohibited, it is also a point of consensus among
the entire Ummah that despite being prohibited, if a person pronounces
three simultaneous divorces, all the three divorces become effective, and
fresh marriage between them, in future, would not be possible. The only
people that disagree with the consensus of the four major schools are some
of the followers of the Ah-ul-Hadith group and the Shiite group. The
four major schools argue that if something is abominable or unlawful, it
does not necessarily imply that its legal consequences will not follow. For
instance, if a person kills an innocent victim, the latter would die as a
result of killing, despite the act of killing being unlawful. Likewise, despite
three simultaneous divorces being unlawful, they necessarily take effect.
On this issue, not only the four major schools agree unanimously, but
there is also overwhelming consensus of the noble Companions. Please see
Ma'ariful Qur'an, Vol. [1], PP 586-590 for a detailed discussion on the
action taken by Sayyidna 'Umar Al-Faruq 4
e on the issue of three
simultaneous divorces.
Rule [8]
And make two just men from among) وَأَشْهِدُوًا ذَوَىُ عَدُلٍ مِّنْكُمُ وَأَقِيمُوا الشَّهَادَةَ لِلهِ
you witnesses [of your either decision]. And (O witnesses,) keep your
testimony upright for the sake of Allah ... 65:2) This verse purports to say
that towards the end of the period of "iddah, when a decision is made
either to revoke the divorce and retain the wife, or to release her, it is
commendable in both cases to call two upright persons to witness the
decision. This procedure of having two witnesses is, according to most
jurists, a commendable (mustahabb) practice, and not mandatory.
Therefore, revocation of divorce is not contingent upon appointment of
witnesses. The underlying wisdom of such appointment is to resolve the
possible dispute that may arise later. In case the husband decides to
revoke the divorce, it is possible that the wife may deny it, whereupon the
witnesses may prove revocation. And in case he decides termination of
marriage, a conflict can still arise where the husband himself may make
mischief and, being overcome by the wife's love, claim that he had
revoked the divorce before the expiration of "iddah. The witnesses then
may prove that he had decided to release the wife.
The adjectival phrase Je 's,3 ( ... two just men) refers to reliable

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Surah At-Talaq: 65 : 1 - 7
witnesses in terms of Shari'ah. If the witnesses are not reliable in terms of
Shari'ah, that is, if they are not morally upright, pious and truthful, the
Qadi would not be able to pass judgement on the basis of such unreliable,
impious and untruthful witnesses.
keep your testimony upright for the sake of ... ) أَقِيمُوا الشَّهَادَةَ لِلُهِ
Allah ... 65:2) The verse addresses all Muslims in general that should they
be required by a court to bear witness in a disputed case of revocation of
divorce or complete termination of marriage, they should be unbiased in
their testimony.
That is what anyone who believes in) ذلِكُمْ يُوْعَظُ بِهِ مَنْ كَانَ يُؤْمِنُ بِاللهِ وَالْيَوْمِ الْآخِرِ
Allah and the Last Day is exhorted to do ... 65:2) This verse particularly
mentions the Hereafter because the mutual rights and obligations of
husband and wife cannot be fulfilled without God-consciousness and the
thought of the Hereafter.
The Wise and Educative style of the Qur'an in the laws of Crime
and Punishment
The system of punishment for crimes and compiling their laws is in
place among the states of the world since ancient times. Obviously, the
Qur'an is also the Book that explains the divine laws, but its style is
unique. Before and after every piece of law, man is made conscious of
Allah and the Hereafter, so that he may follow the law, not for fear of
police or inspector or, but for fear of Allah, irrespective of whether anyone
else sees him, not. In all situations, whether in private or in public, he
finds the laws binding. This is the reason why even the harshest law was
not difficult to implement among those who have proper faith in the
Qur'an. There was no need for a network of police and its special or secret
services.
This unique Qur'anic style is used in all laws, but it has been
especially applied to the laws relating to the marital relations and their
mutual rights and obligations, because due to the delicate nature of these
relations, it is not possible to secure evidence for every shortcoming on
either side, nor is it possible for the judicial system to investigate and
estimate the full extent of the shortcomings in the relationship. Proper
fulfilment of mutual rights depends only on the inner qualities of the
couple and their actions and deeds. Therefore, the Masnun Khutbah or

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Surah At-Talaq: 65 : 1 - 7
approved sermon that is recited at marriage contains three verses of the
Qur'an, and each one of them begins with laying stress on taqwa and
ends with laying stress on taqwa to indicate that the marrying parties
must appreciate that Allah is fully aware of all their covert and overt
actions, whether or not they are seen by someone else. Rather, He is
well-aware of the innermost thoughts hidden in their minds or hearts. If
they fall short of fulfilling the mutual rights and obligations or hurt each
other, they will be answerable to the knower of secrets. In the same
strain, a few injunctions have been laid down in Surah At-Talaq.
Immediately after the first injunction the believers are exhorted: QUI 1,5,
('And fear Allah, your Lord') After this exhortation, four more
injunctions are set down and then they are admonished that anyone who
oversteps Allah's limits will be wronging himself and will have to bear the
disastrous consequences, thus ،وَمَنُ يَّتَعَدَّ حُدُودَ اللَّهِ فَقَدُ ظَلَمَ نَفُسَه Four more indirect
injunctions are set down after that, and the admonition is repeated, thus:
That is what anyone who believes in ) ذلِكُمُ يُوْعَظُ بِهِ مَنْ كَانَ يُؤُمِنُ بِاللهِ وَالْيَوْمِ الْآخِرِ
Allah and the Last Day is exhorted to do ... 65:2) Followed by this is a verse
in which the merits of taqwa are mentioned, describing its religious and
mundane blessings and benefits. Towards the end of the same verse the
blessings and benefits of trust in Allah have been described. Thereafter, a
few more injunctions pertaining to waiting-period are set down. Then in
two more verses additional benefits and blessings of taqwa are described.
This is followed by injunctions pertaining to marriage, divorce, the wife's
maintenance, children's fosterage and so on. In the course of all these
injunctions, the mention of the Hereafter, the virtue of taqwa , and the
blessings of trust in Allah are interspersed repeatedly. This Qur'anic style
of alternating injunctions with the virtues of taqwa apparently seems
disjointed, but having grasped the wisdom of the prudent style of the
Qur'an, the close linkage becomes clear.
Now have a look at the interpretation of the foregoing verses:
And whoever fears Allah, for) وَمَنْ يَتَّقِ اللهَ يَجْعَلُ لَّهُ مَخْرَجًا وَّيَرْزُقُهُ مِنْ حَيْثُ لَا يَحْتَسِبُ
him Allah brings forth a way out, and gives him provision (of his needs)
from where he does not even imagine ... 2/3) The word taqwa primarily
and literally means 'to guard' or 'to refrain'. In Islamic terminology it
signifies 'to guard against sins'. When the word is related to Allah, it is
translated as 'to fear Allah' and implies 'to avoid disobedience of Allah and

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Surah At-Talaq: 65 : 1 - 7
guard against sins'.
There are two benefits of s'a taqwa mentioned in this verse: [1] By
exercising taqwa , Allah creates a way out to guard oneself . The question
is 'Guard against what?' The correct answer is that it is general, 'against
all mundane difficulties and hardships as well as all hardships and
difficulties of the Hereafter' and the verse implies that for a God-fearing
person Allah paves the way to salvage him from the difficulties and
hardships of this world as well as from the horrors of the next world. [2]
By exercising taqwa, Allah will provide for the God-fearing person rizq
[literally 'provision'] from where he does not expect. The rizq in this
context refers to anything one needs, whether any mundane need or any
need of the Hereafter. Allah has promised the righteous believers in this
verse that He will ease every difficulty of theirs and provide for them all
their needs from resources they never expected or thought about. [Ruh]
In keeping with the present context, some of the commentators
interpret the verse thus: The divorcing husband or the divorced wife, both
or whoever of them is God-fearing, Allah will give them salvation from
the horrors of divorce or termination of marriage experienced at the time
of its happening. In other words, the man will be given a compatible wife
and the woman will be given a compatible husband. Obviously the
primary meaning of the verse comprehends all kinds of adversities and
needs, including the horrors and needs of the husband and wife.
[Ruh-ul-Ma'ani]
The Cause of Revelation of the Above Verse
Sayyidna 'Abdullah Ibn 'Abbas 4ee reports that 'Auf Ibn Malik Ashjai
e came up to the Messenger of Allah
and said that the enemies had
arrested and kidnapped his son Salim. His mother is very anxious and he
wanted to know what he should do. The Holy Prophet
ordered him and
his wife to recite لاحول ولا قوّة الاّ بالله (There is no strength nor power but with
Allah) abundantly. The husband and wife complied with the order. They
recited the formula abundantly. It produced its desired effect. One day
the enemies became unmindful, and the boy somehow managed to escape
and drove a herd of goats that belonged to them to his father. According
to other narratives, he found one of their camels and he mounted it and
drove the other camels to his father. The father reported the incident to
the Messenger of Allah
. Another narration has it that he enquired

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Surah At-Talaq: 65 : 1 - 7
from the Holy Prophet
whether the goats and camels the son brought
with him were lawful for them. On that occasion, the verse di ge, (And
whoever fears Allah, for him Allah brings forth a way out, and gives him
provision from where he does not even imagine ... 2/3)
According to other versions of the report, when Sayyidna 'Auf Ibn
Malik Ashjai 4% and his wife became very restless and anxious because
of separation from the son, the Messenger of Allah
g advised them to
exercise taqwa and recite abundantly ◌ِلاحول ولا قوّة إِلَّا بالله (There is no
strength nor power but with Allah). [All these narratives are cited in
Ruh-ul-Ma'ani from Ibn Marduyah through the chain of al-Kalbi from Abi Salih from
Ibn 'Abbas]
This occasion of revelation indicates that this verse, though related to
divorcing situation in this context, has general application for all
circunstances.
Ruling
This Tradition proves that when a Muslim is captured by the
non-believers, the captive takes their property and returns home, such a
property would be treated as booty, and as such their use would be
lawful. It is a general rule of spoils to give 1/5th [khums] to the public
treasury, but in this case he is not obligated to give 1/5th [khums] to the
public treasury, because in the narration reported above, the khums of
the property was not exacted from them. The jurists have ruled that if a
Muslim secretly goes away to the Domain of War without seeking
permission from them, snatch their property and somehow bring it into
the Domain of Islam, the above ruling will apply. However, if he officially
sought permission to enter their territory [as it happens nowadays by
obtaining a visa] and entered their country, then it is not permissible for
him to take their property without their consent. Likewise, if a person is
captured and taken into the non-Muslim territory, and a non-Muslim
deposits with him an article for safe custody, it is not permissible for him
to take it away to the Domain of Islam. In the first case, it is not
permissible because by seeking official permission a pact is entered into
between them, and he has no authority to dispose of their property
without their prior consent. If he does, it would be a breach of the pact. In
the second case, there is a practical pact with the depositor, in that
whenever he demands his deposited article back, it should be returned.

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Surah At-Talaq: 65 : 1 - 7
Failure to return his deposited item is tantamount to breach of contract
that is unlawful in Shari'ah. [[Mazhari]]
Before the Holy Prophet
migrated, many non-believers used to
keep their deposits with him. At the time of migration, he still had with
him some of these deposits. As long as he was in Makkah, he kept them
himself, but when he was migrating, he committed them to the care of
Sayyidna 'Ali
and did not take them with him to Madinah. In fact,
Sayyidna 'Ali 4
was left behind for the sole reason of returning the
deposits to the rightful people.
A Proven Prescription to avert calamities and achieve the
objectives
According to the above Tradition, Sayyidna 'Auf Ibn Malik Ashja'i 4
and his wife were advised to recite ◌ِلَاحَوُلَ وَلَا قُوَّةً إِلَّا بِاللّه (There is no strength
nor power but with Allah) abundantly to avert afflictions and obtain
benefits. Mujaddid Alf Thani رحمه اللّه تعالى says that abundant recitation of
this formula is a proven prescription to avert all kinds of religious and
mundane afflictions and to obtain all religious and mundane objectives
and benefits. According to him, its proper way is to recite five hundred
times لاحول ولا قوة الا بالله , and to recite Salah (durud) one hundred times
before, and one hundred times after the formula, and then to supplicate
to Allah for one's need. [Tafsir [Mazhar]]] Imam Ahmad, Hakim [grading the
chain as sahih], Baihaqi, Abu Na'im and others have transmitted on the
authority of Sayyidna Abu Dharr
that one day the Messenger of Allah
وَمَنْ يَّتَّقِ اللهَ يَجْعَلُ لَه، مَخْرَجاً وَّيَرْزُقُهُ مِنُ حَيْثُ لَا يَحْتَسِبُ continuously recited the verse
('And whoever fears Allah, for him Allah brings forth a way out, and
gives him provision from where he does not even imagine ... 2/3) until the
reporter started feeling sleepy. The Holy Prophet
said: " Abu Dharr, if
all people choose only this verse, it would be sufficient for them all."
[Ruh-ul-Ma'ani] 'Sufficient' in this statement means it would be sufficient
for all people to accomplish their religious and mundane objectives, if they
practice it.
And ... ) وَمَنْ يَّتَوَّلُ عَلَى اللّهِ فَهُوَ حَسْبُهُ ﴿ إِنَّ اللّهَ بَالِغُ أَمْرِهٍ ﴿ قَدْ جَعَلَ اللهُ لِكُلِّ شَىْءٍ قَدْرًا
whoever places his trust in Allah, He is sufficient for him. Surely Allah is
to accomplish His purpose. Allah has set a measure for every thing .... 65:3)
In this verse Allah promises those who put their trust in Him that He
shall suffice for them against all odds, because Allah will execute His

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Surah At-Talaq: 65 : 1 - 7
decisions that He made for them, in whatever way He wills and chooses.
Allah set a measure for all things. It is in accordance with this set
measure that He decrees all acts. Tirmidhi and Ibn Majah record from
Sayyidna 'Umar 4 that Allah's Messenger & said:
لوأنّكم توكّلتم على الله حقّ توكّله لرزقكم كما يرزق الطير تغدو خماصًا وتروح
بطانا.
"If you trust in Allah as He ought to be trusted, He will provide
for you in the same way as He provides for the birds. They leave
their nests while hungry in the mornings, but come back in the
evenings with their bellies full."
Şahins of Bukhari and Muslim transmit on the authority of Sayyidna
Ibn 'Abbas 4
that Allah's Messenger
said: "Seventy-thousand of my
followers will be admitted to Paradise without account." Among their other
qualities, they will be characterised by having trust in Allah." [Mazhari]
Tawakkul (Trust in Allah) does not mean to forsake the causes and
means Allah has created for us to acquire things. One should utilise the
means at our disposal. However, instead of relying solely on them, one
should rather put his trust in Allah, in that no task shall be accomplished
unless Allah wills it. After describing the virtues and blessings of taqwa
and Twakkul, the next verses lay down some more rules about divorce
and "iddah.
Rule [9]
وَالْغِىُ يَئِسُنَ مِنَ الْمَحِيْضِ مِنْ نِسَآئِكُمْ إِنِ ارْتَبْتُمْ فَعِدَّتُهُنَّ ثَلْثَةُ أَشْهُرٍ وَالْفِىُ لَمْ
يَحِضُنَ ﴿ وَأُولَاتُ الْآَحُمَالِ أَجَلُهُنَّ أَنْ يَّضَعُنَ حَمُلَهُنَّ
(And those women from among you who have despaired of
[further] menstruation, if you are in doubt, their "iddah is
three months, as well as of those who have not yet menstruated.
As for those having pregnancy, their term [of "iddah] is that
they give birth to their child ... 65:4)
This verse deals with additional rules pertaining to the waiting-period
of divorced women. It subdivides divorced women and their
waiting-periods into three different categories. Under normal
circumstances, the waiting-period of a divorced woman is three menstrual
cycles as mentioned in Surah Al-Baqarah. In the case of women who
have stopped menstruating for good on account of advanced age, or due

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Surah At-Talaq: 65 : 1 - 7
to some disease etc. their "iddah is three months instead of three
menstrual cycles. The same is the "iddah of young women who have not
yet started menstruating on account of being under age. The "iddah for
women who are pregnant at the time of divorce continues until they give
birth to their child irrespective of the length of the period.
The words jo! (if you are in doubt) refer to the doubt or confusion
such women may have because the real "iddah is counted on the basis of
menstruation, but these women's menstruation has ceased, so they are
doubtful about how to count their "iddah.
And whoever fears Allah, He brings about) وَمَنُ يَّتَّقِ اللهَ يَجْعَلُ لَّهْ مِنْ آَمْرِهِ يُسْرًا
ease for him in his affair .... 65:4) The verse further speaks of the virtues
and blessings of taqwa in that whoever has taqwa, Allah will make
matters easy for him in this world as well as in the next world. Then the
verse emphasises strict adherence to the above laws pertaining to divorce
and waiting-period, thus:ُذلِكَ أَمُرُ اللَّهِ أَنْزَلَه؛ إِلَيْكُم (This is the command of Allah
that He has sent down to you ... 5) After this, the verse again draws
attention to another virtue of taqua. وَمَنْ يَّتَّقِ اللهَ يُكَفِّرُ عَنْهُ سَيَّتِه وَيُعُظِمُ لَه، آجُرًا (And
whoever fears Allah, He will write off his evil deeds, and will give him a
huge reward ... 65:5)
Five Blessings of taqwa
The merits and blessings of taqwa mentioned in the above verses may
be summarised in five things: [1] He who has taqwa will be given a way
out of difficulties and adversities; [2] He will be provided with all his
needs from resources that he does not anticipate or expect; [3] Allah will
make matters and tasks easy for him; [4] Allah will expiate his sins; and
[5] He will grant him an immense reward.
Another blessing of taqwa mentioned by the Holy Qur'an at another
place is that a God-fearing person finds it easier to distinguish between
right and wrong, thus: إِنْ تَتَّقُوا اللهَ يَجْعَلُ لَّكُمُ فُرْقَانًا ( ... if you fear Allah, He will
provide you with a criterion to distinguish between right and
wrong ... 8:29] The next verses deal with further rules about the waiting
period and maintenance of the divorced women and their other rights.
Provide to them [the) اَسُكِنُوُهُنَّ مِنْ حَيْثُ سَكَنْتُمُ مِّنْ وُجُدِكُمْ وَلَاتُضَارُوُهُنَّ لِتُضَيِّقُوا عَلَيْهِنَّ
divorced women] residence where you reside according to your
means ... 65:6) This injunction is related to Rule [3] above which states that

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Surah At-Talaq: 65 : 1 - 7
divorced women must not be expelled from their homes. This verse states
the positive aspect of the injunction, in that the husbands, according to
their means, should let their divorced wives live in some portion of the
residence where they themselves live. If the wife is given a revocable
divorce, there is no need for any hijab or veil. However, if she is given an
irrevocable divorce, whether of minor degree [ba'in ] or of major degree by
pronouncing divorce thrice, then marriage tie stands broken. She is
required to be in hijab in the presence of her former husband. Therefore,
the arrangement in the residence should be made in such a way that she
lives in the same residence with full observance of the rules of hijab.
Rule [10]: Do not Hurt Divorced Women during their "iddah
Ja;duy ( ... and do not hurt them to straiten [life] for them ... 65:6) This
verse sets down that all the possible needs of a divorced woman must not
be harassed by taunts or by curtailing her needful things, so that she is
compelled to leave the home.
Rule [11]: Maintenance of Divorcees during their "iddah
,And if they are pregnant ... ) وَإِنْ كُنَّ أُولاَتِ حَمْلٍ فَانْفِقُوا عَلَيْهِنَّ حَتَّى يَضَعُنَ حَمُلَهُنَّ
spend on them till they give birth to their child ... 65:6) This verse lays
down the rule that if a divorcee is pregnant at the time of divorce, her
maintenance is obligatory on the husband. On the basis of this verse,
there is a complete consensus of the Ummah on this point. Similarly, if
she is not pregnant, and the divorce given to her is revocable, her
maintenance too is compulsory on the husband till the expiry of her
"iddah. This point too is agreed upon by all the jurists of the Ummah.
However, if a wife is given irrevocable divorce, whether a ba'in divorce or
the divorce pronounced three times, or if a woman has got her marriage
terminated by way of khul' [got herself separated from the husband for a
compensation], will not have to be maintained by the husband according
to Imams Shafii, Ahmad and others. However, according to Imam Abu
Hanifah, her maintenance is also incumbent upon the husband. He
argues that just as she is entitled to residence during the term of "iddah
as is provided in verse 6, she is entitled to sustenance too. The husbands
are obligated to provide them with these necessities of life during "iddah.
This is further supported by those Traditions in which it has been
reported that when Sayyidna 'Umar 4
heard the report of Fatimah bint
Qais who claimed that her husband was not obligated to maintain her

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after divorce, he said: "We cannot abandon the Book of Allah and the
Sunnah of the Prophet 5%, on the basis of this narration. [Muslim]
"The Book of Allah' apparently refers to this verse (6). According to
Sayyidna 'Umar 4%, the verse includes maintenance. 'Sunnah' refers to
the Tradition reported by Sayyidna 'Umar
himself and transmitted by
Țaļāwi, Darqutni and Țabarani. Sayyidna 'Umar 4
e reports that he
heard the Messenger of Allah
say that women divorced by three
pronouncements are also entitled to maintenance and lodging.
The details are available in Tafsir [Mazhari].
Rule [12]: Fees for Suckling the Child
Then if they suckle the child for you, give ... ) فَإِنْ أَرْضَعُنَ لَكُمُ فَأْتُوُهُنَّ أُجُورَهُنَّ
them their fees ... 65:6). In other words, divorcees who are pregnant, their
term of 'iddah ends with the birth of the child. Consequently, their
maintenance is not incumbent upon the husband. However, if they are
suckling the baby, it is permissible for the mother to claim a fee for
suckling the baby from her former husband, and it is incumbent on him
to pay it to her, if she claims it. The principle is that as long as the
marriage between the parents of the baby is intact, it is the responsibility
وَالْوالِدتُ يُرُضِعُنَ of the mothers to suckle the children as the Qur'an states
JANgi (And the mothers suckle their children ... 2:233) One cannot receive
a fee for an act that is obligatory on him or her, because it amounts to
rishwah (bribery) which in itself is unlawful to give or take. The period of
"iddah is akin to the marriage in this respect, because the husband is
obligated to maintain her, and therefore she cannot claim a fee for
suckling a child during this period too. But once she has delivered the
baby, her term of "iddah is over and she is absolutely released from the
tie of marriage. Consequently, it is not incumbent upon the former
husband to maintain her. In this instance, if she suckles the baby, the
verse under comment permits giving and taking a payment for the
service.
Rule [13]
[and consult each other [for determining the fee ... ) وَأَتَمِرُوا بَيْنَكُمُ بِمَعُرُوُفٍ
with fairness ... 65:6) The word I'timar means 'to consult each other' and 'to
accept each other's suggestion'. The verse directs the spouses to avoid any
conflict in determining the fee for suckling. The divorced wife should not

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Surah At-Talaq: 65 : 1 - 7
demand more than the normal rate, nor should the former husband of the
divorcee refuse to pay the normal fee. They are advised to settle the issue
with mutual understanding and tolerance.
Rule/Injunction [14]
,And if you have a deadlock between you ... ) وَإِنْ تَعَاسَرُتُمُ فَسَتُرُضِعُ لَه، أُخْرِى
then another woman will suckle him ... 65:6) In other words, if the
husband and wife cannot agree on the fee of suckling with mutual
consent, or the wife refuses to suckle the child even for a remuneration,
then the mother cannot be forced by a court for the service of suckling.
Normally, the mother has the most compassion for the child. Despite this,
if she is refusing to suckle him, she probably has a genuine reason for
that. If she has no genuine reason, and she is refusing merely on account
of anger and displeasure, she is a sinner in the sight of Allah, but an
Islamic court cannot force her to do the suckling. Likewise, if the
husband, on account of abject poverty, is unable to pay the fee for
suckling and a wet-nurse is willing to suckle the child without
remuneration or for a lesser fee than what the divorcee mother is
demanding, he cannot be forced to agree to the demand of the mother and
get her to do the suckling. In fact, in either of the cases it is possible to
have the child suckled by the wet-nurse. However, if the fee the mother is
demanding is the same as the wet-nurse's remuneration, preference
would be given to the mother rather than the wet-nurse. This is a point of
consensus between all the Muslim jurists.
Ruling
If it is agreed that the wet-nurse would do the suckling, it is
incumbent that the wet-nurse should do the suckling while the child is in
the custody of the mother. It is not lawful to separate the mother and the
baby, because the custody of the child is the right of the mother according
to the law of Hidanah as stated in the authentic Traditions. It is not
permissible to usurp this right from her. [Tafsir [Mazhari]].
Rule [15]: Quantum of Divorcee's Maintenance
A man of vast means) لِيُنُفِقُ ذُوُسَعَةٍ مِّنُ سَعَتِه ﴿ وَمَنُ قُدِرَ عَلَيْهِ رِزْقُهُ فَلْيُنُفِقُ مِمَّآ الهُ اللَّهُ
should spend according to his vast means. And anyone whose sustenance
is limited should spend from whatever Allah has given to him ... 65:7) In
other words, in determining the quantum of the divorced wife's
maintenance the financial position of the husband will be taken into

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Surah At-Talaq: 65 : 8 - 12
account. If the husband is wealthy, he should spend on his divorcee
according to his affluence; and if he is indigent, he should spend
according to his limited resources - even if the wife is wealthy. This is the
ruling of Imam Abu Hanifah. Other schools of jurisprudence hold
differing views. [Tafsir [Mazhari]
Allah makes no one liable) لَا يُكَلِّفُ اللّهُ نَفْسًا إِلَّ مَآ اتنهَا ﴿ سَيَجْعَلُ اللّهُ بَعْدَ عُسْرٍ يُّسُرًا
beyond what He has given to him. Allah will soon bring ease after a
difficulty .... 65:7) This is an elaboration of the preceding statement, in that
Allah does not demand from anyone more than what he can afford.
Therefore, if the husband is indigent, it is incumbent upon him to provide
for her according to his level of indigence at that time. The wife, on the
other hand, is advised to be content, for the time being, with the amount
of sustenance her indigent husband is able to provide. She should not
think that the present state of indigence will last for all times to come,
because ease and difficulty are in the hands of Allah, and as such He can
change indigence into affluence.
Special Note
The verse under comment bears an indication that Allah will create a
condition of ease for husbands who try to provide for their wives the
obligatory amount of sustenance to the best of their ability, and are not in
the habit of keeping their wives under straitened circumstances.
[Ruh-ul-Ma'ani] And Allah knows best!
Verses 8 - 12
وَكَاَيِّنٌ مِّنُ قَرْيَةٍ عَتَتْ عَنْ آَمُرِ رَبِّهَا وَرُسُلِهِ فَحَاسَبُتْهَا حِسَابًا
شَدِيدًا وَ عَذَّبْتُهَا عَذَابًا نُّكْرًّا ﴿٨﴾ فَذَاقَتُ وَبَالَ أَمْرِهَا وَكَانَ عَاقِبَةُ
أَمْرِهَا خُسْرًا ﴿٩﴾ اَعَدَّ اللّهُ لَهُمْ عَذَابًا شَدِيْدًا " فَاتَّقُوا اللهَ يَأُولِى
الْأَلْبَابِ؛ الَّذِيْنَ امَنُواتَ قَدْ أَنْزَلَ اللَّهُ إِلَيْكُمُ ذِكُرًا ﴿٢﴾ رَّسُوْلاً يَّتْلُوا
عَلَيْكُمُ اليتِ اللهِ مُبَيِّنْتٍ لِيُخْرِجَ الَّذِيْنَ امَنُوا وَعَمِلُوا الصُّلِحْتِ
مِنَ الظُّلُمْتِ إِلَى النُّورِ ، وَمَنْ يُؤُ مِنْ بِاللهِ وَيَعْمَلُ صَالِحًا يُّدُخِلُهُ
جَنْتٍ تَجْرِىُ مِنْ تَحْتِهَا الْأَنْهُرُ خلِدِيْنَ فِيْهَآ أَبَدًّا، قَدْ أَحْسَنَ اللهُ

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Surah At-Țalaq: 65 : 8 - 12
لَهُ رِزْقًا ﴿١١﴾ اللَّهُ الَّذِى خَلَقَ سَبْعَ سَمُوتٍ وَّمِنَ الْأَرْضِ مِثْلَهُنَُّ
يَتَزَّلُ الْآَمُرُ بَيْنَهُنَّ لِتَعْلَمُوْا أَنَّ اللّهَ عَلَى كُلِّ شَىْءٍ قَدِيْرٌ * وَّأَنَّ اللّهَ
قَدْ أَحَاطَ بِكُلِّ شَىْءٍ عِلْمًا ﴿٢﴾
And how many a township rebelled against the
command of their Lord, and against His messengers, so
We called them to a severe account, and punished them
with an evil punishment. [8] Thus they tasted the evil
consequence of their acts, and the end of their conduct
was loss. [9] Allah has prepared for them a severe
punishment; so fear Allah O men of understanding who
have believed! Allah has sent down to you a Reminder,
[10] a messenger who recites to you the verses of Allah,
making (the truth) clear, so that He may bring forth
those who believe and do righteous deeds from the
layers of darkness into the light. And whoever believes
in Allah, and acts righteously, He will admit him to the
gardens beneath which rivers flow, wherein such
people will live forever. Allah has made for him a good
provision. [11] Allah is the One who has created seven
skies, and their like from earth. The Command descends
among them, so that you may know that Allah is
powerful over every thing, and that Allah has
encompassed every thing in knowledge. [12]
Commentary
,so We called them to a severe account) فَحَاسَبُنْهَا حِسَابًا شَدِيدًا وَعَذَّبُنْهَا عَذَابًا نُكُرًا
and punished them with an evil punishment ... 65:8). The severe account
and evil punishment of nations mentioned in this verse refers to what will
happen in the Hereafter. However, the past tense has been employed
presumably to indicate the occurrence of these events is as certain as if it
has already been materialised. [Ruh]. The other possibility is that the
Hisab or 'account' in this context does not refer to interrogation, but to the
determination of punishment, (in which case it may refer to the
punishment faced by the infidels right here in this world.) Another
possibility is that the 'severe account' will though take place in the
Hereafter, it has already been recorded and is being recorded on daily
basis in the ledger of deeds and is therefore described as 'called them to a
severe account'. In this interpretation, the 'punishment' refers to the past
nations who were destroyed by Divine punishment in this world because

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Surah At-Țalaq: 65 : 8 - 12
they defied Allah's and His Messengers' commandments. In this case, only
the next statement اَعَدَّ اللَّهُ لَهُمُ عَذَابًا شَدِيدًا (Allah has prepared for them a
severe punishment ... 10) would refer to the terrible punishment of the
Hereafter.
Allah has sent down to you a Reminder, a) قَدْ أَنْزَلَ اللَّهُ إِلَيْكُمْ ذِكْرًا. رَّسُوْلاً
messenger ... 65:10-11). The verb arsala 'sent' needs to be understood
preceding the object rasulan 'a messenger' which appears at the
commencement of verse [11]. The simplest way in which these verses can
be interpreted is to translate them thus: 'Allah has sent down to you a
Reminder, (the Qur'an and He has also sent to you) a messenger ... 65:11)
Other commentators have preferred other interpretations. For instance
some say that the word dhikr ('Reminder') refers to the Holy Prophet
himself, and the word 'messenger' is an explanatory complement to the
word 'dhikr', because abundance of his remembering Allah made him a
personified Remembrance of Allah. [Ruh] 1
Where are the Seven Earths and in What Form?
Allah is the One who has created) اللّهُ الَّذِى خَلَقَ سَبُعَ سَمُوتٍ وَّمِنَ الْأَرُضِ مِثْلَهُنَّ
seven skies, and their like from earth ... 65:12). This verse indicates that
there are seven earths as there are seven heavens, but the question is
where these earths are and in what shape or form. Are they in the form of
seven layers one above the other, or each earth is separate from the other.
If they form layers one above the other, is there a distance between two
earths, just as there is a distance between two heavens? Are there
separate creatures living on each earth, just as separate types of angels
are residing in every heaven? Is there air, wind, atmosphere and so forth
on each earth? Or, are these layers of earth joined and compact with each
other? The Qur'an is silent on these questions. There are Traditions
reported on these questions, but the leading authorities of Traditions
disagree about their authenticity. Some scholars have authenticated them
and others have graded them as 'fabricated'. Rationally all findings are
possible, and none of our religious or mundane needs are dependent on
resolving these issues, nor will we be questioned about them in the grave
[1] This explanation is based on the premise that 'dhikr' in this verse means 'Allah's
remembrance'. However, it also means 'reminder'. Taken in this sense, the word
'messenger' in the verse can be easily interpreted as an explanatory complement to the
word 'dhikr', because the Holy Prophet # is a 'Reminder' to the entire mankind. Our
translation in the text is based on this connotation. (Muhammad Taqi Usmani )

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Surah At-Talaq: 65 : 8 - 12
or at Resurrection, so that we need to do research about the seven earths,
their locale or their inhabitants. The safest position is to believe that there
are seven earths as there are seven skies. Allah has created them with
His Supreme Creative Power. Qur'an has mentioned this much only. If
the Qur'an did not find it necessary to give a detailed account of it, there
is no need for us to think about it or research it. This was the attitude of
ابهموا ما ابهمه اللّه our pious predecessors. They formulated the following policy
"Leave unexplained what Allah has left unexplained" as long as it does
not contain any injunction for us to follow, nor does it concern our
religious or mundane need. This commentary has been written for the
common readers. Purely academic issues have not been included here
which might not be needed for them.
The Command descend among them ... 65:12) The verse) يَتَنَزَّلُ الْأَمُرُ بَيْنَهُنَّ
purports to say that Divine commands and decrees are revealed and work
in the seven heavens and in the seven earths. The Divine commands or
decrees operate in two ways: [1] Tashri'i; and [2] Takwini. Tashrit
command refers to laws Divinely prescribed for people who are legally
obligated to observe them. The Divinely legislated laws are revealed
through the angels to the Prophets .Je to be passed on to the
humans and jinns. These laws pertain to articles of faith, worship, good
morals, transactions and way of living. Adherence to them attracts reward
and flouting them entails punishment. Takwini laws pertain to the
Divine decrees in connection with the creation of the universe or bringing
it into existence from the realm of non-existence, its gradual growth and
development, its phenomena of depletion and replenishment, and the
phenomena of life and death. These decrees encompass the entire Divine
creation. Therefore, if it be proved that between two earths there is
atmosphere and distance, and that some kind of creatures inhabits it,
even if that kind of creature is not legally bound by the Shari'ah laws, the
description "y J- "The Command descend among them ... 65:12) will still
apply, because Allah's Takwint decrees encompass them as well. And
Allah, the Pure and Exalted, knows best!
Alhamdulillah
The Commentary on
Surah At-Țalaq
Ends here

517
Sūrah At-Tahrim: 66 : 1 - 5
Surah At-Tahrim
(The Prohibiting)
This Surah is Madani, and it has 12 verses and 2 sections
بسم الله الرحمن الرحيم
With the name of Allah, the All-Merciful, the Very-Merciful
Verses 1 - 5
يَأَيُّهَا النَّبِىُّ لِمَ تُحَرِّمُ مَآ أَحَلَّ اللّهُ لَكَ ◌ْ تَبْتَغِىُ مَرْضَاتَ أَزْوَاجِكَ ـ
وَاللَّهُ غَفُورٌ رَّحِيمٌ ﴿١﴾ قَدْ فَرَضَ اللهُ لَكُمْ تَحِلَّةَ آَيْمَانِكُمْ وَاللهُ
مَوْلْكُمُ ، وَهُوَ الْعَلِيُمُ الْحَكِيُمُ ﴿٢﴾ وَإِذْ آَسَرَّ النَّبِىُّ إِلَى بَعْضٍ
أَزْوَاجِهٍ حَدِيْثَّاتٍ فَلَمَّا نَبَّاتُ بِهِ وَاَظْهَرَهُ اللَّهُ عَلَيْهِ عَرَّفَ بَعْضَهُ
وَاَعْرَضَ عَنُ بَعْضٍ ، فَلَمَّا نَبَّاهَا بِهِ قَالَتْ مَنْ آَنْبَكَ هذَا ، قَالَ نَبَّانِىَ
الْعَلِيُمُ الْخَبِيْرُ ﴿٣﴾ إِنْ تَتُوبَآ إِلَى اللّهِ فَقَدْ صَغَتْ قُلُوْ بُّكُمَاء وَ إِنْ
تَظْهَرَا عَلَيْهِ فَإِنَّ اللهَ هُوَ مَوْلُهُ وَجِبْرِيْلُ وَصَالِحُ الْمُؤْمِنِيْنَ ،
وَالْمَلَئِكَةُ بَعْدَ ذِلِكَ ظَهِيُرٌ ﴿٤﴾ عَسى رَبُّهْ إِنْ طَلَّقَكُنَّ أَنْ يُّبْدِلَهُ
أَزْوَاجًا خَيْرًا مِّنْكُنَّ مُسُلِمْتٍ مُّؤْمِنْتٍ قِنِثْتٍ تَعِبْتٍ غباتٍ سُئِخْتٍ
ثَيّبْتٍ وَأَبْكَارًا ﴿٥﴾
1
O Holy Prophet, why do you ban (on your self)
something that Allah has made lawful for you, seeking
the pleasure of your wives? And Allah is
Most-Forgiving, Very Merciful. [1] Allah has prescribed
(the way of) absolution from your oaths. And Allah is
your protector, and He is the All-Knowing, the All-Wise.

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Surah At-Tahrim: 66 : 1 - 5
[2] And (remember) when the Holy Prophet told one of
his wives something in secret. So, when she disclosed it
(to another wife), and Allah made it known to him, he
told (the disclosing wife) part of it, and bypassed
another part. So when he informed her about it, she
said, "Who told you about this?" He said, "It is told to me
by the All-Knowing, the All-Aware. [3]
(O two wives of the Holy Prophet,) If both of you repent
to Allah, then (your conduct calls for it, because) your
hearts have diverted. And if you back each other against
him (the Holy Prophet), then Allah is his supporter,
and Jibril and righteous believers and, after all that,
angels are his helpers. [4] It is hoped that, if he divorces
you, Allah will give him in your place wives better than
you, submissive to Allah, believing, devout, penitent,
steadfast in worship, fasting, previously married and
virgins. [5]
Commentary
Cause of Revelation
It is recorded in Şahin of Bukhari and in other collection of Ahadith,
on the authority of Sayyidah 'A'ishah 4,
that it was a daily practice of
the Messenger of Allah
to visit each of his wives after 'asr prayer for a
short time inquiring about their welfare. Once he visited Sayyidah
Zainab due and spent more time with her than normal and had some
honey offered by her. Sayyidah 'A'ishah $52 says: "I developed some envy
and in consultation with Hafsah 45: decided that when the Messenger of
Allah
would visit any one of us, she should say to him 'you have had
Maghafir', (a herb that resembled gum with a slightly unpleasant
smell.)"" They executed their plan. The Messenger of Allah :
'said: "I
have not had any Maghafir. I only had some honey." The Holy wife said:
"It is possible that the honeybee might have sat on the Maghafir shrub
and drank its nectar. The Messenger of Allah
', because of his natural
dislike for unpleasant odour, swore and promised not to take honey any
more. However, he did not want the feelings of Sayyidah Zainab due to be
hurt, and therefore he said to his wife that the incident should be kept
secret and should not be recounted to anyone else. But she told about it to
another wife.
[1] It should be noted here that these words were spoken by them in an interrogative
accent, and therefore it was not a false statement. (Muhammad Taqi Usmani).

519
Surah At-Tahrim: 66 : 1 - 5
Some reports say that it was at the house of Sayyidah Hafsah due that
he was served with honey, and that the wives who planned were
Sayyidah 'A'ishah, Saudah and Safiyyah ◌َّرضى اللّه عَنهن .Other reports
recount the incident in other ways. It is possible that many incidents of
similar nature might have taken place and these verses were revealed
after them. [Bayan-ul-Qur'an].
In brief, these verses tell us that the Messenger of Allah $
§ banned a
lawful thing [honey] on himself by swearing an oath. If such an act is
done for a genuine need or expedience, [mașlahah], it is permissible; it is
not a sin. But the incident does not show that there was no such need for
him to have the trouble of baning a lawful thing on himself. He had done
this for the pleasure of his holy wives. In such circumstances, it was not
necessary for him to have pleased them. Therefore, the verse,
يَأَيُّهَا النَّبِىُّ لِمَ تُحَرِّمُ مَآ أَحَلَّ اللّهُ لَكَ compassionately addresses the Holy Prophet c
(O Prophet, why do you ban (on your self) تَبْتَغِىُ مَرْضَاتَ أَزْوَاجِكَ ﴿ وَاللَّهُ غَفُورٌ رَّحِيمٌ
something that Allah has made lawful for you, seeking the pleasure of
'your wives? And Allah is Most-Forgiving, Very Merciful ... 66:1) According
to the principles of general stylistics, the Qur'an does not address the Holy
Prophet by his name but by his Prophetic title thus: 'O Prophet' which
is his special honour. Although this is a loving question posed by way of
compassion, it could have created the misunderstanding that he has
committed a major error and he is being questioned about it. The
concluding phrase allays this suspicion: ◌ٌوَاللَّهُ غَفُورٌ رَّحِيم meaning that even if
it would have been a sin (for the sake of argument), then 'Allah is
Most-Forgiving, Very Merciful.'
Ruling
There are three ways in which one can prohibit a 'lawful thing' for
himself, the details of which were given under verse [87] of Surah
يَأَيُّهَا الَّذِيْنَ أمَنُوا لَا تُحَرِّمُوا طَيّبْتِ مَآ .241-Al-Maidah in Mafariful Qur'an Vol.3/pp239
O those who believe, do not make unlawful good things that' أَحَلَّ اللّهُ لَكُمْ
Allah has made lawful for you __ [5:87] The three ways may be
summarised here thus: [1] If someone holds a lawful thing as unlawful as
part of his religious belief, it is kufr and an enormous sin. [2] If he does
not believe it as unlawful in religion, but bans something on himself by
swearing an oath without any need to do so, it is a sinful act, and it is
necessary for him to break the oath and expiate, which will be discussed

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Surah At-Tahrim: 66 : 1 - 5
later. However, If this is done for some need or advantage, it is
permissible but undesirable. [3] If someone neither believes a lawful thing
to be unlawful, nor swears an oath to ban it on himself, but makes a
resolve in his/her mind to abandon the lawful thing for ever. If this
resolution for permanent abandonment is with the intention of reward, it
would be an innovation (bid'ah) in the established religion and
monasticism which is a reproachable sin. If such a restriction is not with
the intention of reward, but rather for some other reason, such as for
treatment of a physical ailment or spiritual malady, it is absolutely
permissible. Reports about some noble Sufis who abandoned some lawful
things fall under this last category.
In this incident, the Messenger of Allah
swore an oath to abstain
from honey. After the revelation of the verse, he broke the oath and
expiated for it. As reported in Ad-Durr-ul-Manthur, he emancipated a
slave in payment of his expiation. [Bayan-ul-Qur'an]
Allah has prescribed [the way of] absolution) قَدْ فَرَضَ اللَّهُ لَكُمْ تَحِلَّةَ آَيْمَانِكُمْ
from your oaths .... 66:2). This verse reminds that where it is necessary or
better to break the oath, Allah has prescribed a way to absolve oneself
from the liability of the oath by expiation, the details of which are given
in other verses.
And [remember] when the Prophet told one) وَإِذْ أَسَرَّ النَّبِىُّ إِلَى بَعْضِ أَزْوَاجِهِ حَدِيْئًا
of his wives something in secret ... 66:3). The Holy Prophet
confided a
certain secret in one of his wives. According to most versions of the
authentic report, the 'secret' in this verse refers to the ban the Holy
Prophet
imposed on himself about honey, but at the same time he did
not want Sayyidah Zainab's ue feelings to be hurt and therefore he
directed the wife to keep it secret from others, but the disclosing wife
divulged the secret to another wife, as follows.in the next verse. Although
there are some other reports that explain the 'secret' in some other way,
what has been mentioned above is in accordance with the most authentic
narrations.
So, when she disclosed it [to) فَلَمَّا نَبَّاتُ بِهِ وَأَظْهَرَهُ اللَّهُ عَلَيْهِ عَرَّفَ بَعْضَهُ وَأَعْرَضَ عَنْ بَعْضٍ
another wife], and Allah made it known to him, he told [the disclosing
wife] part of it, and bypassed another part ... 66:3). In other words, when
the disclosing wife divulged the secret to another wife, and Allah disclosed