(222. They ask you concerning menst ruat ion. Say: "That is an Adha, t herefore, keep away from women during menses and go not in unt o t hem t ill t hey are purified.'' And when t hey have purified t hemselves, t hen go in unt o t hem as Allah has ordained for you. Truly, Allah loves t hose who t urn unt o Him in repent ance and loves t hose who purify t hemselves.) (223. Your wives are a t ilt h for you, so go t o your t ilt h, when or how you will, and send (good deeds, or ask Allah t o best ow upon you pious offspring) for your own selves beforehand. And fear Allah, and know t hat you are t o meet Him (in t he Hereaft er), and give good t idings t o t he believers (O Muhammad ).)
Sexual Intercourse with Menstruating Women is prohibited
Imam Ahmad recorded t hat Anas said t hat t he Jews used t o avoid t heir menst ruat ing women, t hey would not eat , or even mingle wit h t hem in t he house. The Companions of t he Prophet asked about t his mat t er and Allah revealed:
ぴ
∠マ∠ルヲ⊥ヤ∠⇒∇ジ∠Α∠ヱ
͡リ∠ハ
͡ヂΒ͡エ∠ヨ∇ャや
∇モ⊥ホ
∠ヲ⊥ワ
ン⇔ク∠ぺ
∇やヲ⊥ャ͡ゴ∠わ∇ハゅ∠プ
∠￢べ∠ジあレャや
͡プ
ヶ
͡ヂΒ͡エ∠ヨ∇ャや
∠Ι∠ヱ
ｚリ⊥ワヲ⊥よ∠ゲ∇ボ∠ゎ
ヴｚわ∠ェ
∠ラ∇ゲ⊥ヰ∇ト∠Α
び
(They ask you concerning menst ruat ion. Say: "That is an Adha, t herefore, keep away from women during menses and go not in unt o t hem t ill t hey are purified.)
Allah's Messenger said:
»
やヲ⊥バ∠レ∇タや
ｚモ⊥ミ
∠セ
∃￢∇ヶ
ゅｚャ͡ま
ゥゅ∠ムあレャや
«
(` Do everyt hing you wish, except having sexual int ercourse.)
When t he Jews were t old about t he Prophet 's st at ement , t hey said, "What is t he mat t er wit h t his man He would not hear of any of our pract ices, but would defy it .'' Then, Usayd bin Hudayr and ` Abbad bin Bishr came and said, "O Messenger of Allah! The Jews said t his and t hat , should we have sex wit h our women (meaning, during t he menst ruat ion period)'' The face of Allah's Messenger changed color, unt il t he Companions t hought t hat he was angry wit h t hem. They left . Soon aft er, some milk was brought t o Allah's Messenger as a gift , and he sent some of it for t hem t o drink. They knew t hen t hat Allah's Messenger was not angry wit h t hem. Muslim also report ed t his Hadit h. Allah said:
ぴ
∇やヲ⊥ャ͡ゴ∠わ∇ハゅ∠プ
∠￢べ∠ジあレャや
ヶ͡プ
͡ヂΒ͡エ∠ヨ∇ャや
び
(. ..t herefore, keep away from women during menses.) meaning, avoid t he sexual organ. The Prophet said:
»
やヲ⊥バ∠レ∇タや
ｚモ⊥ミ
∃￢∇ヶ∠セ
ゅｚャ͡ま
ゥゅ∠ムあレャや
«
(Do anyt hing you wish except having sexual int ercourse.)
This is why most of t he scholars said t hat it is allowed t o fondle t he wife, except for having sexual int ercourse (when she is having her menses). Abu Dawud report ed t hat ` Ikrimah relat ed t o one of t he Prophet 's wives t hat she said t hat whenever t he Prophet want ed t o fondle (one of his wives) during her menses, he would cover her sexual organ wit h somet hing.
Abu Ja` far bin Jarir relat ed t hat Masruq went t o ` A'ishah and greet ed her, and ` A'ishah greet ed him in ret urn. Masruq said, "I wish t o ask you about a mat t er, but I am shy.'' She replied, "I am your mot her and you are my son.'' He said, "What can t he man enj oy of his wife when she is having her menses'' She said, "Everyt hing except her sexual organ.'' This is also t he opinion of Ibn ` Abbas, Muj ahid, Al-Hasan and ` Ikrimah.
One is allowed t o sleep next t o his wife and t o eat wit h her (when she is having her menses). ` A'ishah said, "Allah's Messenger used t o ask me t o wash his hair while I was having t he menses. He would lay on my lap and read t he Qur'an while I was having t he period.'' It is also report ed in t he Sahih t hat ` A'ishah said, "While having t he menses, I used t o eat from a piece of meat and give it t o t he Prophet who would eat from t he same place I at e from. I used t o have sips of a drink and would t hen give t he cup t o t he Prophet who would place his mout h where I placed my mout h.''
It is also report ed in t he Two Sahihs t hat Maymunah bint Al-Harit h Al-Hilaliyah said, "Whenever t he Prophet want ed t o fondle any of his wives during t he periods (menses), he used t o ask her t o wear an Izar (a sheet covering t he lower-half of t he body).'' These are t he wordings collect ed by Al-Bukhari. Similar was report ed from ` A'ishah. In addit ion, Imam Ahmad, Abu Dawud, At -Tirmidhi and Ibn Maj ah report ed t hat ` Abdullah bin Sa` d Al-Ansari asked Allah's Messenger , "What am I allowed of my wife while she is having her menses'' He said, "What is above t he Izar (a sheet covering t he lower-half of t he body).'' Hence, Allah's st at ement : h
ぴ
∠Ι∠ヱ
ｚリ⊥ワヲ⊥よ∠ゲ∇ボ∠ゎ
ヴｚわ∠ェ
⊥ヰ∇ト∠Α
∠ラ∇ゲ
び
(...and go not in unt o t hem t ill t hey are purified.) explains His st at ement :
ぴ
∇やヲ⊥ャ͡ゴ∠わ∇ハゅ∠プ
∠￢べ∠ジあレャや
ヶ͡プ
͡ヂΒ͡エ∠ヨ∇ャや
び
(...t herefore, keep away from women during menses.)
Allah prohibit ed having sexual int ercourse wit h t he wife during menst ruat ion, indicat ing t hat sexual int ercourse is allowed ot herwise.
Allah's st at ement :
ぴ
や∠ク͡み∠プ
∠ラ∇ゲｚヰ∠ト∠ゎ
ｚリ⊥ワヲ⊥ゎ∇ほ∠プ
∇リ͡ョ
⊥ゑ∇Β∠ェ
⊥ユ⊥ミ∠ゲ∠ョ∠ぺ
⊥ヮｚヤャや
び
(And when t hey have purified t hemselves, t hen go in unt o t hem as Allah has ordained for you.) indicat es t hat men should have sexual int ercourse wit h t heir wives aft er t hey t ake a bat h. The scholars agree t hat t he woman is obliged t o t ake a bat h, or t o perform Tayammum wit h sand, if she is unable t o use wat er, before she is allowed t o have sexual int ercourse wit h her husband, aft er t he mont hly period ends. Ibn ` Abbas said:
ぴ
ヴｚわ∠ェ
∠ラ∇ゲ⊥ヰ∇ト∠Α
び
"(t ill t hey are purified) means from blood, and,
ぴ
や∠ク͡み∠プ
∠ラ∇ゲｚヰ∠ト∠ゎ
び
(And when t hey have purified t hemselves) means wit h wat er.'' This is also t he Tafsir of Muj ahid, ` Ikrimah, Al-Hasan, Muqat il bin Hayyan and Al-Layt h bin Sa` d and ot hers.
Anal Sex is prohibited
Allah said:
ぴ
∇リ͡ョ
⊥ゑ∇Β∠ェ
⊥ユ⊥ミ∠ゲ∠ョ∠ぺ
⊥ヮｚヤャや
び
(...as Allah has ordained for you.) t his refers t o Al-Farj (t he vagina), as Ibn ` Abbas, Muj ahid and ot her scholars have st at ed. Therefore, anal sex is prohibit ed, as we will furt her emphasize aft erwards, Allah willing. Abu Razin, ` Ikrimah and Ad-Dahhak and ot hers said t hat :
ぴ
ｚリ⊥ワヲ⊥ゎ∇ほ∠プ
∇リ͡ョ
⊥ゑ∇Β∠ェ
⊥ユ⊥ミ∠ゲ∠ョ∠ぺ
⊥ヮｚヤャや
び
(...t hen go in unt o t hem as Allah has ordained for you.) means when t hey are pure, and not during t he menses. Allah said aft erwards:
ぴ
ｚラ͡ま
∠ヮｚヤャや
ぁょ͡エ⊥Α
∠リΒ͡よ∠ヲｚわャや
び
(Truly, Allah loves t hose who t urn unt o Him in repent ance) from t he sin even if it was repeat ed,
ぴ
ぁょ͡エ⊥Α∠ヱ
∠リΑ͡ゲあヰ∠ト∠わ⊥ヨ∇ャや
(and loves t hose who purify t hemselves.) meaning, t hose who purify t hemselves from t he impurit y and t he filt h t hat include having sexual int ercourse wit h t he wife during t he menses and anal sex.
The Reason behind revealing Allah's Statement: "Your Wives are a
Tilth for You.
Allah said:
ぴ
∇ユ⊥ミ⊥ぼべ∠ジ͡ル
∀ゐ∇ゲ∠ェ
∇ユ⊥ムｚャ
び
(Your wives are a t ilt h for you,)
Ibn ` Abbas comment ed, "Meaning t he place of pregnancy.'' Allah t hen said:
ぴ
∇やヲ⊥ゎ∇ほ∠プ
∇ユ⊥ム∠を∇ゲ∠ェ
ヴｚル∠ぺ
∇ユ⊥わ∇ゃ͡セ
び
(...so go t o your t ilt h, when or how you will,) meaning, wherever you wish from t he front or from behind, as long as sex t akes place in one valve (t he female sexual organ), as t he aut hent ic Hadit hs have indicat ed.
For inst ance, Al-Bukhari recorded t hat Ibn Al-Munkadir said t hat he heard Jabir say t hat t he Jews used t o claim t hat if one has sex wit h his wife from behind (in t he vagina) t he offspring would become cross-eyed. Then, t his Ayah was revealed:
ぴ
∇ユ⊥ミ⊥ぼべ∠ジ͡ル
∀ゐ∇ゲ∠ェ
∇ユ⊥ムｚャ
∇やヲ⊥ゎ∇ほ∠プ
∇ユ⊥ム∠を∇ゲ∠ェ
ヴｚル∠ぺ
∇ユ⊥わ∇ゃ͡セ
び
(Your wives are a t ilt h for you, so go t o your t ilt h, when or how you will,) Muslim and Abu Dawud also report ed t his Hadit h.
Ibn Abu Hat im said t hat Muhammad bin Al-Munkadir narrat ed t hat Jabir bin ` Abdullah t old him t hat t he Jews claimed t o t he Muslims t hat if one has sex wit h t heir wife from behind (in t he vagina) t heir offspring will become cross-eyed. Allah revealed aft erwards:
ぴ
∇ユ⊥ミ⊥ぼべ∠ジ͡ル
∀ゐ∇ゲ∠ェ
∇ユ⊥ムｚャ
∇やヲ⊥ゎ∇ほ∠プ
∇ユ⊥ム∠を∇ゲ∠ェ
ヴｚル∠ぺ
∇ユ⊥わ∇ゃ͡セ
び
(Your wives are a t ilt h for you, so go t o your t ilt h, when or how you will,) Ibn Jurayj (one of t he report ers of t he Hadit h) said t hat Allah's Messenger said:
»
⇔る∠ヤ͡ら∇ボ⊥ョ
⇔り∠ゲ͡よ∇ギ⊥ョヱ
や∠ク͡ま
ラゅ∠ミ
∠マ͡ャク
ヶ͡プ
ァ∇ゲ∠ヘ∇ャや
«
(From t he front or from behind, as long as t hat occurs in t he Farj (vagina).) Imam Ahmad recorded t hat Ibn ` Abbas said, "The Ayah,
ぴ
∇ユ⊥ミ⊥ぼべ∠ジ͡ル
∀ゐ∇ゲ∠ェ
∇ユ⊥ムｚャ
び
(Your wives are a t ilt h for you) was revealed about some people from t he Ansar who came t o t he Prophet and asked him (about having sex wit h t he wife from behind). He said t o t hem:
»
ゅ∠ヰ͡わ∇もや
ヴヤ∠ハ
あモ⊥ミ
∃メゅ∠ェ
や∠ク͡ま
ゅ∠ミ
∠ラ
ヶ͡プ
ァ∇ゲ∠ヘ∇ャや
«
(Have sex wit h her as you like as long as t hat occurs in t he vagina.)
Imam Ahmad recorded t hat ` Abdullah bin Sabit said: I went t o Hafsah bint ` Abdur-Rahman bin Abu Bakr and said, "I wish t o ask you about somet hing, but I am shy.'' She said, "Do not be shy, O my nephew.'' He said, "About having sex from behind wit h women.'' She said, "Umm Salamah t old me t hat t he Ansar used t o refrain from having sex from behind (in t he vagina). The Jews claimed t hat t hose who have sex wit h t heir women from behind would have offspring wit h crossed-eyes. When t he Muhaj irun came t o Al-Madinah, t hey married Ansar women and had sex wit h t hem from behind. One of t hese women would not obey her husband and said, ` You will not do t hat unt il I go t o Allah's Messenger (and ask him about t his mat t er). ' She went t o Umm Salamah and t old her t he st ory. Umm Salamah said, ` Wait unt il Allah's Messenger comes.' When Allah's Messenger came, t he Ansari woman was shy t o ask him about t his mat t er, so she left . Umm Salamah t old Allah's Messenger t he st ory and he said:
»
ヶ͡ハ∇キや
る⇒ｚΑ͡ケゅ∠ダ∇ル∠ほ∇ャや
«
(Summon t he Ansari woman.)''
She was summoned and he recit ed t his Ayah t o her:
ぴ
∇ユ⊥ミ⊥ぼべ∠ジ͡ル
∀ゐ∇ゲ∠ェ
∇ユ⊥ムｚャ
∇やヲ⊥ゎ∇ほ∠プ
∇ユ⊥ム∠を∇ゲ∠ェ
ヴｚル∠ぺ
∇ユ⊥わ∇ゃ͡セ
び
(Your wives are a t ilt h for you, so go t o your t ilt h, when or how you will.) He added:
»
ゅ⇔ョゅ∠ヨ͡タ
や⇔ギ͡ェや∠ヱ
«
This Hadit h was also collect ed by At -Tirmidhi who said, "Hasan.''
An-Nasa'i report ed t hat Ka` b bin ` Alqamah said t hat Abu An-Nadr said t hat he asked Nafi` , "The people are repeat ing t he st at ement t hat you relat e from Ibn ` Umar t hat he allowed sex wit h women in t heir rear (anus).'' He said, "They have said a lie about me. But let me t ell you what really happened. Ibn ` Umar was once recit ing t he Qur'an while I was wit h him and he reached t he Ayah:
ぴ
∇ユ⊥ミ⊥ぼべ∠ジ͡ル
∀ゐ∇ゲ∠ェ
∇ユ⊥ムｚャ
∇やヲ⊥ゎ∇ほ∠プ
∇ユ⊥ム∠を∇ゲ∠ェ
ヴｚル∠ぺ
∇ユ⊥わ∇ゃ͡セ
び
(Your wives are a t ilt h for you, so go t o your t ilt h, when or how you will,) He t hen said, ` O Nafi` ! Do you know t he st ory behind t his Ayah' I said, ` No.' He said, ` We, t he people of Quraysh, used t o have sexual int ercourse wit h our wives from t he back (in t he vagina). When we migrat ed t o Al-Madinah and married some Ansari women, we want ed t o do t he same wit h t hem. They disliked it and made a big issue out of it . The Ansari women had followed t he pract ice of t he Jews who have sex wit h t heir women while t hey lay on t heir sides. Then, Allah revealed:
ぴ
∇ユ⊥ミ⊥ぼべ∠ジ͡ル
∀ゐ∇ゲ∠ェ
∇ユ⊥ムｚャ
∇やヲ⊥ゎ∇ほ∠プ
∇ユ⊥ム∠を∇ゲ∠ェ
ヴｚル∠ぺ
∇ユ⊥わ∇ゃ͡セ
び
(Your wives are a t ilt h for you, so go t o your t ilt h, when or how you will,)'' This has an aut hent ic chain of narrat ors.
Imam Ahmad report ed t hat Khuzaymah bin Thabit Al-Khat ami narrat ed t hat Allah's Messenger said:
»
ゅ∠ャ
ヶ͡Β∇エ∠わ∇ジ∠Α
⊥ぶや
∠リ͡ョ
あペ∠エ∇ャや
ゅ⇔をゅ∠ヤ∠を
ゅ∠ャ
やヲ⊥ゎ∇ほ∠ゎ
ゅ∠ジあレャや
∠￢
ヶ͡プ
リ͡ワ͡コゅ∠イ∇ハ∠ぺ
«
(Allah does not shy from t he t rut h - he said it t hrice-, do not have anal sex wit h women.) This Hadit h was collect ed by An-Nasa'i and Ibn Maj ah.
Abu ` Isa At -Tirmidhi and An-Nasa'i report ed t hat Ibn ` Abbas narrat ed t hat Allah's Messenger said:
»
ゅ∠ャ
⊥ゲ⊥ヌ∇レ∠Α
⊥ぶや
ヴャ͡ま
∃モ⊥ィ∠ケ
ヴ∠ゎ∠ぺ
ゅ⇔ヤ⊥ィ∠ケ
͡ヱ∠ぺ
⇔り∠ぺ∠ゲ∇ョや
ヶ͡プ
ゲ⊥よぁギャや
«
At -Tirmidhi said, "Hasan Gharib.'' This is also t he narrat ion t hat Ibn Hibban collect ed in his Sahih, while Ibn Hazm st at ed t hat t his is an aut hent ic Hadit h.
In addit ion, Imam Ahmad report ed t hat ` Ali bin Talaq said, "Allah's Messenger forbade anal sex wit h women, for Allah does not shy away from t rut h.'' Abu ` Isa At -Tirmidhi also report ed t his Hadit h and said, "Hasan''.
Abu Muhammad ` Abdullah bin ` Abdur-Rahman Darimi report ed in his Musnad t hat Sa` id bin Yasar Abu Hubab said: I said t o Ibn ` Umar, "What do you say about having sex wit h women in t he rear'' He said, "What does it mean'' I said, "Anal sex.'' He said, "Does a Muslim do t hat '' This Hadit h has an aut hent ic chain of narrat ors and is an explicit rej ect ion of anal sex from Ibn ` Umar.
Abu Bakr bin Ziyad Naysaburi report ed t hat Isma` il bin Ruh said t hat he asked Malik bin Anas, "What do you say about having sex wit h women in t he anus'' He said, "You are not an Arab Does sex occur but in t he place of pregnancy Do it only in t he Farj (vagina).'' I said, "O Abu ` Abdullah! They say t hat you allow t hat pract ice.'' He said, "They ut t er a lie about me, t hey lie about me.'' This is Malik's firm st ance on t his subj ect . It is also t he view of Sa` id bin Musayyib, Abu Salamah, ` Ikrimah, Tawus, ` At a , Sa` id bin Jubayr, ` Urwah bin Az-Zubayr, Muj ahid bin Jabr, Al-Hasan and ot her scholars of t he Salaf (t he Companions and t he following t wo generat ions aft er t hem). They all, along wit h t he maj orit y of t he scholars, harshly rebuked t he pract ice of anal sex and many of t hem called t his pract ice a Kufr.
Allah said:
ぴ
∇やヲ⊥ョあギ∠ホ∠ヱ
∇ユ⊥ム͡ジ⊥ヘル６Ι
び
(. ..and send for your own selves beforehand.) meaning, by performing t he act s of worship while refraining from what ever Allah has prohibit ed for you. This is why Allah said aft erwards:
ぴ
∇やヲ⊥ボｚゎや∠ヱ
∠ヮｚヤャや
∇やヲ⊥ヨ∠ヤ∇ハや∠ヱ
ユ⊥ムｚル∠ぺ
⊥ロヲ⊥ボ⇒∠ヤぁョ
び
(And fear Allah, and know t hat you are t o meet Him (in t he Hereaft er),) meaning, He will hold you account able for all of your deeds,
ぴ
͡ゲあゼ∠よ∠ヱ
∠リΒ͡レ͡ョ∇ぽ⊥ヨ∇ャや
び
(...and give good t idings t o t he believers (O Muhammad ).) meaning, t hose who obey what Allah has commanded and refrain from what He has prohibit ed. Ibn Jarir report ed t hat ` At a' said, or relat ed it t o Ibn ` Abbas,
ぴ
∇やヲ⊥ョあギ∠ホ∠ヱ
∇ユ⊥ム͡ジ⊥ヘル６Ι
(...and send for your own selves beforehand.) means, ment ion Allah's Name, by saying, ` Bismillah', before having sexual int ercourse.'' Al-Bukhari also report ed t hat Ibn ` Abbas narrat ed t hat Allah's Messenger said:
»
∇ヲ∠ャ
ｚラ∠ぺ
∇ユ⊥ミ∠ギ∠ェ∠ぺ
や∠ク͡ま
∠キや∠ケ∠ぺ
∇ラ∠ぺ
∠ヶ͡ゎ∇ほ∠Α
⊥ヮ∠ヤ∇ワ∠ぺ
∠メゅ∠ホ
:
͡ユ∇シゅ͡よ
∩͡ぶや
ｚユ⊥ヰｚヤャや
ゅ∠レ∇らあレ∠ィ
∠ラゅ∠ト∇Βｚゼャや
͡ょあレ∠ィ∠ヱ
∠ラゅ∠ト∇Βｚゼャや
ゅ∠ョ
∩ゅ∠レ∠わ∇ホ∠コ∠ケ
⊥ヮｚルみ∠プ
∇ラ͡ま
∇ケｚギ∠ボ⊥Α
ゅ∠ヨ⊥ヰ∠レ∇Β∠よ
∀ギ∠ャ∠ヱ
ヶ͡プ
∩∠マ͡ャク
∇ユ∠ャ
⊥ロｚゲ⊥ツ∠Α
⊥ラゅ∠ト∇Βｚゼャや
や⇔ギ∠よ∠ぺ
«
(If anyone of you on having sexual relat ions wit h his wife said: ` In t he Name of Allah. O Allah! Prot ect us from Sat an and also prot ect what you best ow upon us (i.e., t he coming offspring) from Sat an,' and if it is dest ined t hat t hey should have a child t hen, Sat an will never be able t o harm him.)
ぴ
∠Ι∠ヱ
∇やヲ⊥ヤ∠バ∇イ∠ゎ
∠ヮｚヤャや
⇔る∠ッ∇ゲ⊥ハ
∇ユ⊥ム͡レ⇒∠ヨ∇Α６Ι
ラ∠ぺ
∇やヱぁゲ∠ら∠ゎ
∇やヲ⊥ボｚわ∠ゎ∠ヱ
∇やヲ⊥エ͡ヤ∇ダ⊥ゎ∠ヱ
∠リ∇Β∠よ
͡サゅｚレャや
⊥ヮｚヤャや∠ヱ
∀ノΒ͡ヨ∠シ
∀ユΒ͡ヤ∠ハ
-ｚΙ
⊥ユ⊥ミ⊥グ͡カや∠ぽ⊥Α
⊥ヮｚヤャや
͡ヲ∇ピヤｚャゅ͡よ
ヴ͡プ
∇ユ⊥ム͡レ⇒∠ヨ∇Α∠ぺ
リ͡ム⇒∠ャ∠ヱ
ユ⊥ミ⊥グ͡カや∠ぽ⊥Α
ゅ∠ヨ͡よ
∇ろ∠ら∠ジ∠ミ
∇ユ⊥ム⊥よヲ⊥ヤ⊥ホ
⊥ヮｚヤャや∠ヱ
∀ケヲ⊥ヘ∠ビ
∀ユΒ͡ヤ∠ェ
び
(224. And make not Allah's (Name) an excuse in your oat hs against doing good and act ing piously, and making peace among mankind. And Allah is All-Hearer, All-Knower (i.e., do not swear much and if you have sworn against doing somet hing good t hen give an expiat ion for t he oat h and do good).) (225. Allah will not call you t o account for t hat which is unint ent ional in your oat hs, but He will call you t o account for t hat which your heart s have earned. And Allah is Oft -Forgiving, Most -Forbearing.)
The Prohibition of swearing to abandon a Good Deed
Allah commands, ` You should not implement your vows in Allah's Name t o refrain from pious act s and severing t he relat ions wit h t he relat ives, if you swear t o abandon such causes.' Allah said in anot her Ayah:
ぴ
∠Ι∠ヱ
͡モ∠ゎ∇ほ∠Α
∇やヲ⊥ャ∇ヱ⊥ぺ
͡モ∇ツ∠ヘ∇ャや
∇ユ⊥ムレ͡ョ
͡る∠バｚジャや∠ヱ
ラ∠ぺ
∇やヲ⊥ゎ∇ぽ⊥Α
ヴ͡ャ∇ヱ⊥ぺ
ヴ∠よ∇ゲ⊥ボ∇ャや
∠リΒ͡ム⇒∠ジ∠ヨ∇ャや∠ヱ
∠リΑ͡ゲ͡イ⇒∠ヰ⊥ヨ∇ャや∠ヱ
͡プ
ヴ
͡モΒ͡ら∠シ
͡ヮｚヤャや
∇やヲ⊥ヘ∇バ∠Β∇ャ∠ヱ
∇やヲ⊥エ∠ヘ∇ダ∠Β∇ャ∠ヱ
∠Ι∠ぺ
∠ラヲぁら͡エ⊥ゎ
ラ∠ぺ
∠ゲ͡ヘ∇ピ∠Α
⊥ヮｚヤャや
∇ユ⊥ム∠ャ
び
(And let not t hose among you who are blessed wit h graces and wealt h swear not t o give (any sort of help) t o t heir kinsmen, Al-Masakin (t he poor), and t hose who left t heir homes for Allah's cause. Let t hem pardon and forgive. Do you not love t hat Allah should forgive you) (24:22) Cont inuit y in a sinful vow is more sinful t han breaking it by expiat ion. Allah's Messenger said:
»
͡ぶや∠ヱ
∇ラ∠ほ∠ャ
ｚア∠ヤ∠Α
∇ユ⊥ミ⊥ギ∠ェ∠ぺ
∠Β͡よ
͡ヮ͡レΒ͡ヨ
ヶ͡プ
͡ヮ͡ヤ∇ワ∠ぺ
⊥ユ∠をへ
⊥ヮ∠ャ
ギ∇レ͡ハ
͡ぶや
∇リ͡ョ
∇ラ∠ぺ
∠ヶ͡ト∇バ⊥Α
⊥ヮ∠ゎ∠ケゅｚヘ∠ミ
ヶ͡わｚャや
∠チ∠ゲ∠わ∇プや
⊥ぶや
ヮ∇Β∠ヤ∠ハ
«
(By Allah! It is more sinful t o Allah t hat one of you implement s his vow regarding (severing t he relat ions wit h) his relat ives t han (breaking his promise and) paying t he Kaffarah t hat Allah has required in such cases.)
This is how Muslim report ed t his Hadit h and also Imam Ahmad.
` Ali bin Abu Talhah report ed t hat Ibn ` Abbas said t hat what Allah said:
ぴ
∠Ι∠ヱ
∇やヲ⊥ヤ∠バ∇イ∠ゎ
∠ヮｚヤャや
⇔る∠ッ∇ゲ⊥ハ
͡レ⇒∠ヨ∇Α６Ι
∇ユ⊥ム
び
(And make not Allah's (Name) an excuse in your oat hs) means, "Do not vow t o refrain from doing good works. (If you make such vow t hen) break it , pay t he Kaffarah and do t he good work.'' This was also said by Masruq, Ash-Sha` bi, Ibrahim An-Nakha` i, Muj ahid, Tawus, Sa` id bin Jubayr, ` At a', ` Ikrimah, Makhul, Az-Zuhri, Al-Hasan, Qat adah, Muqat il bin Hayyan, Ar-Rabi` bin Anas, Ad-Dahhak, ` At a' Al-Khurasani and As-Suddi.
Suport ing t his view, which is t he maj orit y view, is what is report ed in t he Two Sahihs t hat Abu Musa Al-Ash` ari narrat ed t hat Allah's Messenger said: .
»
ヶあル͡ま
͡ぶや∠ヱ
∇ラ͡ま
∠￢ゅ∠セ
∩⊥ぶや
ゅ∠ャ
⊥ブ͡ヤ∇ェ∠ぺ
ヴヤ∠ハ
∃リΒ͡ヨ∠Α
ン∠ケ∠ほ∠プ
ゅ∠ワ∠ゲ∇Β∠ビ
や⇔ゲ∇Β∠カ
ゅ∠ヰ∇レ͡ョ
ゅｚャ͡ま
⊥ろ∇Β∠ゎ∠ぺ
ヵ͡グｚャや
∠ヲ⊥ワ
∀ゲ∇Β∠カ
ゅ∠ヰ⊥わ∇ヤｚヤ∠エ∠ゎ∠ヱ
«
(By Allah! Allah willing, I will not vow t o do a t hing and t hen see a bet t er act , but I would do what is bet t er and break my vow.) Muslim report ed t hat Abu Hurayrah said t hat Allah's Messenger said:
»
∇リ∠ョ
∠ブ∠ヤ∠ェ
ヴヤ∠ハ
∃リΒ͡ヨ∠Α
ン∠ぺ∠ゲ∠プ
ゅ∠ワ∠ゲ∇Β∠ビ
や⇔ゲ∇Β∠カ
ゅ∠ヰ∇レ͡ョ
∇ゲあヘ∠ム⊥Β∇ヤ∠プ
∇リ∠ハ
∩͡ヮ͡レΒ͡ヨ∠Α
∇ャ∠ヱ
͡モ∠バ∇ヘ∠Β
ヵ͡グｚャや
∠ヲ⊥ワ
ゲ∇Β∠カ
«
(Whoever makes a vow and t hen finds what is bet t er t han his vow (should break his vow,) pay t he Kaffarah and perform t he bet t er deed.)
The Laghw (Unintentional) Vows
Allah said:
ぴ
ｚΙ
⊥ユ⊥ミ⊥グ͡カや∠ぽ⊥Α
⊥ヮｚヤャや
͡ヲ∇ピヤｚャゅ͡よ
ヴ͡プ
∇Α∠ぺ
∇ユ⊥ム͡レ⇒∠ヨ
び
(Allah will not call you t o account for t hat which is unint ent ional in your oat hs,)
This Ayah means, ` Allah does not punish or hold you account able for t he Laghw (unint ent ional) vows t hat you make.' The Laghw vows are unint ent ional and are j ust like t he habit ual st at ement s t hat t he t ongue repeat s, wit hout really int ending t hem. For inst ance, it is report ed in t he Two Sahihs t hat Abu Hurayrah narrat ed t hat Allah's Messenger said:
»
∇リ∠ョ
∠ブ∠ヤ∠ェ
∠メゅ∠ボ∠プ
ヶ͡プ
͡ヮ͡ヘ͡ヤ∠ェ
͡れゅｚヤャゅ͡よ
∩ンｚゴ⊥バ∇ャや∠ヱ
∠Β∇ヤ∠プ
∇モ⊥ボ
ゅ∠ャ
∠ヮ∠ャ͡ま
ゅｚャ͡ま
ぶや
«
(Whoever swore and (unint ent ionally) ment ioned Al-Lat and Al-` Uzza (t wo idols) in his vow, should t hen say, ` There is no deit y wort hy of worship except Allah'.)
The Messenger said t his st at ement t o some new Muslims whose t ongues were, before Islam, used t o vowing by t heir idol Al-Lat . Therefore, t he Prophet ordered t hem t o int ent ionally recit e t he slogan of Ikhlas, j ust as t hey ment ioned t hese words by mist ake, so t hat it (t he word of Ikhlas) may eradicat e t he word (of Shirk). This is why Allah said:
ぴ
リ͡ム⇒∠ャ∠ヱ
ユ⊥ミ⊥グ͡カや∠ぽ⊥Α
ゅ∠ヨ͡よ
∇ろ∠ら∠ジ∠ミ
∇ユ⊥ム⊥よヲ⊥ヤ⊥ホ
び
(...but He will call you t o account for t hat which your heart s have earned.) and in anot her Ayah:
ぴ
ゅ∠ヨ͡よ
⊥ユぁゎギｚボ∠ハ
∠リ⇒∠ヨ∇ΑｘΙや
び
(...for your deliberat e oat hs) (5:89)
Abu Dawud report ed under Chapt er: ` The Laghw Vows' t hat ` At a' said t hat ` A'ishah said t hat Allah's Messenger said:
»
⊥ヲ∇ピｚヤャや
ヶ͡プ
͡リΒ͡ヨ∠Β∇ャや
∠ヲ⊥ワ
⊥ュゅ∠ヤ∠ミ
͡モ⊥ィｚゲャや
ヶ͡プ
͡ヮ͡わ∇Β∠よ
:
ゅｚヤ∠ミ
∩͡ぶや∠ヱ
ヴ∠ヤ∠よ∠ヱ
ぶや∠ヱ
«
(The Laghw in t he vows includes what t he man says in his house, such as, ` No, by Allah,' and, ` Yes, by Allah'.)
Ibn Abu Hat im report ed t hat Ibn ` Abbas said, "The Laghw vow includes vowing while angry.'' He also report ed t hat Ibn ` Abbas said, "The Laghw vow includes vowing t o prohibit what Allah has allowed, and t his t ype does not require a Kaffarah (expiat ion).'' Similar was said by Sa` id bin Jubayr.
In addit ion, Abu Dawud relat ed under Chapt er: ` Vowing while Angry' t hat Sa` id bin Musayyib said t hat t wo Ansari brot hers bot h received inherit ance and one of t hem asked t hat t he inherit ance be divided. His brot her said, "If you ask me about dividing t he inherit ance again, t hen all of what I have will be spent on t he Ka` bah's door.'' ` Umar said t o him, "The Ka` bah does not need your money. So break your vow, pay t he Kaffarah and come t o t erms wit h your brot her. I heard Allah's Messenger saying:
»
ゅ∠ャ
∠リΒ͡ヨ∠Α
∠マ∇Β∠ヤ∠ハ
ゅ∠ャ∠ヱ
∠ケ∇グ∠ル
ヶ͡プ
͡る∠Β͡ダ∇バ∠ョ
あゆｚゲャや
ｚゴ∠ハ
∩ｚモ∠ィ∠ヱ
ヶ͡プ∠ヱ
͡る∠バΒ͡ト∠ホ
∩͡ユ͡ェｚゲャや
ゅ∠ヨΒ͡プ∠ヱ
ゅ∠ャ
マ͡ヤ∇ヨ∠ゎ
«
(Do not make a vow against yourself, nor t o disobey t he Lord, cut t he relat ions of t he womb or dispose of what you do not own.)''
ぴ
リ͡ム⇒∠ャ∠ヱ
ユ⊥ミ⊥グ͡カや∠ぽ⊥Α
ゅ∠ヨ͡よ
∇ろ∠ら∠ジ∠ミ
∇ユ⊥ム⊥よヲ⊥ヤ⊥ホ
び
(. ..but He will call you t o account for t hat which your heart s have earned,)
Ibn ` Abbas, Muj ahid and several ot hers said t hat t his Ayah means swearing about a mat t er while knowing t hat he is lying. Muj ahid and ot hers said t his Ayah is similar t o what Allah said:
ぴ
リ͡ム⇒∠ャ∠ヱ
ユ⊥ミ⊥グ͡カや∠ぽ⊥Α
ゅ∠ヨ͡よ
⊥ユぁゎギｚボ∠ハ
∠リ⇒∠ヨ∇ΑｘΙや
び
(...but He will punish you for your deliberat e oat hs.) (5:89) Allah said (2:225 above):
ぴ
⊥ヮｚヤャや∠ヱ
∀ケヲ⊥ヘ∠ビ
∀ユΒ͡ヤ∠ェ
び
(And Allah is Oft -Forgiving, Most -Forbearing.) meaning, He is Oft -Forgiving t o His servant s and Most Forbearing wit h t hem.
ぴ
∠リΑ͡グｚヤあャ
∠ラヲ⊥ャ∇ぽ⊥Α
リ͡ョ
∇ユ͡ヰ͡もべ∠ジあル
⊥ゾぁよ∠ゲ∠ゎ
∠ぺ
͡る∠バ∠よ∇ケ
∃ゲ⊥ヰ∇セ∠ぺ
ラ͡み∠プ
やヱ⊥￢べ∠プ
ｚラ͡み∠プ
∠ヮｚヤャや
∀ケヲ⊥ヘ∠ビ
∀ユΒ͡ェｚケ
-∇ラ͡ま∠ヱ
∇やヲ⊥ョ∠ゴ∠ハ
∠ペ⇒∠ヤｚトャや
ｚラ͡み∠プ
∠ヮｚヤャや
∀ノΒ͡ヨ∠シ
∀ユΒ͡ヤ∠ハ
び
(226. Those who t ake an oat h not t o have sexual relat ion wit h t heir wives must wait for four mont hs, t hen if t hey ret urn, verily, Allah is Of t -Forgiving, Most Merciful.) (227. And if t hey decide upon divorce, t hen Allah is All-Hearer, All-Knower.)
The Ila' and its Rulings
Ila' is a t ype of vow where a man swears not t o sleep wit h his wife for a cert ain period, whet her less or more t han four mont hs. If t he vow of Ila' was for less t han four mont hs, t he man has t o wait for t he vow's period t o end and t hen is allowed t o have sexual int ercourse wit h his wife. She has t o be pat ient and she cannot ask her husband, in t his case, t o end his vow before t he end of it s t erm. It is report ed in t he Two Sahihs t hat ` A'ishah said t hat Allah's Messenger swore he would st ay away from wit h his wives for a mont h. He t hen came down aft er t went y-nine days saying:
»
⊥ゲ∇ヰｚゼャや
∀ノ∇ジ͡ゎ
ラヱ⊥ゲ∇ゼ͡ハ∠ヱ
«
(The (lunar) mont h is t went y-nine days.)
Similar was narrat ed by ` Umar bin Al-Khat t ab and report ed in t he Two Sahihs. If t he period of Ila' is for more t han four mont hs, t he wife is allowed in t his case t o ask her husband, upon t he end of t he four mont hs, t o end t he Ila' and have sexual relat ions wit h her. Ot herwise, he should divorce her, by being forced t o do so by t he aut horit ies if necessary, so t hat t he wife is not harmed. Allah said:
ぴ
∠リΑ͡グｚヤあャ
∠ラヲ⊥ャ∇ぽ⊥Α
リ͡ョ
∇ユ͡ヰ͡もべ∠ジあル
び
(Those who t ake an oat h not t o have sexual relat ions wit h t heir wives) meaning, swear not t o have sexual relat ions wit h t he wife. This Ayah indicat es t hat t he Ila' involves t he wife and not a slave-women, as t he maj orit y of t he scholars have agreed,
ぴ
⊥ゾぁよ∠ゲ∠ゎ
͡る∠バ∠よ∇ケ∠ぺ
∃ゲ⊥ヰ∇セ∠ぺ
び
(...must wait for four mont hs,) meaning, t he husband wait s for four mont hs from t he t ime of t he vow and t hen ends t he Ila' (if t he vow was for four or more mont hs) and is required t o eit her ret urn t o his wife or divorce her. This is why Allah said next :
ぴ
ラ͡み∠プ
やヱ⊥￢べ∠プ
び
(...t hen if t hey ret urn,) meaning, t o a normal relat ionship, having sexual int ercourse wit h t he wife. This is t he Tafsir of Ibn ` Abbas, Masruq, Ash-Sha` bi, Sa` id bin Jubayr and Ibn Jarir.
ぴ
ｚラ͡み∠プ
∠ヮｚヤャや
∀ケヲ⊥ヘ∠ビ
∀ユΒ͡ェｚケ
び
(...verily, Allah is Oft -Forgiving, Most Merciful.) wit h any short comings t hat occurred in t he right s of t he wife because of t he vow of Ila'.
Allah said:
ぴ
∇ラ͡ま∠ヱ
∇やヲ⊥ョ∠ゴ∠ハ
∠ペ⇒∠ヤｚトャや
び
(And if t hey decide upon divorce,) indicat ing t hat divorce does not occur by merely passing t he four mont h mark (during t he Ila'). Malik report ed from Nafi` t hat ` Abdullah bin ` Umar said, "If t he man swears t o Ila' from his wife, t hen divorce does not occur aut omat ically even aft er t he four mont hs have passed. When he st ops at t he four mont hs mark, he should eit her divorce or ret urn.'' Al-Bukhari also report ed t his Hadit h. Ibn Jarir report ed t hat Suhayl bin Abu Salih said t hat his fat her said, "I asked t welve Companions about t he man who does Ila' wit h his wife. They all st at ed t hat he does not have t o do anyt hing unt il t he four mont hs have passed and t hen has t o eit her ret ain or divorce her.'' Ad-Daraqut ni also report ed t his from Suhayl.
It is also report ed from ` Umar, ` Ut hman, ` Ali, Abu Ad-Darda', ` A'ishah, Ibn ` Umar and Ibn ` Abbas. This is also t he opinion of Sa` id bin Musayyib, ` Umar bin ` Abdul-` Aziz, Muj ahid, Tawus, Muhammad bin Ka` b and Al-Qasim.
ぴ
⊥ろ⇒∠ボｚヤ∠ト⊥ヨ∇ャや∠ヱ
∠リ∇ダｚよ∠ゲ∠わ∠Α
ｚリ͡ヰ͡ジ⊥ヘ∇ル∠ほ͡よ
∠る∠ん⇒∠ヤ∠を
∃￢ヱ⊥ゲ⊥ホ
∠Ι∠ヱ
ぁモ͡エ∠Α
ｚリ⊥ヰ∠ャ
ラ∠ぺ
∠リ∇ヨ⊥わ∇ム∠Α
ゅ∠ョ
∠ペ∠ヤ∠カ
⊥ヮｚヤャや
ヴ͡プ
ｚリ͡ヰ͡ョゅ∠ェ∇ケ∠ぺ
ラ͡ま
ｚリ⊥ミ
ｚリ͡ョ∇ぽ⊥Α
͡ヮｚヤャゅ͡よ
͡ュ∇ヲ∠Β∇ャや∠ヱ
͡ゲ͡カｘΙや
ｚリ⊥ヰ⊥わ∠ャヲ⊥バ⊥よ∠ヱ
ぁペ∠ェ∠ぺ
ｚリ͡ワあキ∠ゲ͡よ
ヶ͡プ
∠マ͡ャ∠ク
∇ラ͡ま
∇やヱ⊥キや∠ケ∠ぺ
⇔ゅエ⇒∠ヤ∇タ͡ま
ｚリ⊥ヰ∠ャ∠ヱ
⊥モ∇ん͡ョ
ン͡グｚャや
ｚリ͡ヰ∇Β∠ヤ∠ハ
͡フヱ⊥ゲ∇バ∠ヨ∇ャゅ͡よ
͡メゅ∠ィあゲヤ͡ャ∠ヱ
ｚリ͡ヰ∇Β∠ヤ∠ハ
∀る∠ィ∠ケ∠キ
⊥ヮｚヤャや∠ヱ
∀ゴΑ͡ゴ∠ハ
∀ユΒ⊥ム∠ェ
び
(228. And divorced women shall wait (as regards t heir marriage) for t hree menst rual periods, and it is not lawful for t hem t o conceal what Allah has creat ed in t heir wombs, if t hey believe in Allah and t he Last Day. And t heir husbands have t he bet t er right t o t ake t hem back in t hat period, if t hey wish for reconciliat ion. And t hey (women) have right s (over t heir husbands as regards living expenses) similar (t o t hose of t heir husbands) over t hem (as regards obedience and respect ) t o what is reasonable, but men have a degree (of responsibilit y) over t hem. And Allah is All-Might y, All-Wise.)
The ` Iddah (Waiting Period) of the Divorced Woman
This Ayah cont ains a command from Allah t hat t he divorced woman, whose marriage was consummat ed and who st ill has menst ruat ion periods, should wait for t hree (menst rual) periods (Quru') aft er t he divorce and t hen remarry if she wishes.
The Meaning of Al-Quru
Ibn Jarir relat ed t hat ` Alqamah said: We were wit h ` Umar bin Al-Khat t ab when a woman came and said, "My husband divorced me one or t wo periods ago. He t hen came back t o me while I had prepared my wat er for t aking a bat h , t ook off my clot hes and closed my door.'' ` Umar asked ` Abdullah bin Mas` ud, "What do you t hink'' He said, "I t hink t hat she is st ill his wife, as long as she is not allowed t o resume praying (i.e., unt il t he t hird period ends before he t akes her back).'' ` Umar said, "This is my opinion t oo.'' This is also t he opinion of Abu Bakr As-Siddiq, ` Umar, ` Ut hman, ` Ali, Abu Ad-Darda', ` Ubadah bin As-Samit , Anas bin Malik, Ibn Mas` ud, Mu` adh, Ubayy bin Ka` b, Abu Musa Al-Ash` ari and Ibn ` Abbas. Furt hermore, t his is t he opinion of Sa` id bin Musayyib, ` Alqamah, Aswad, Ibrahim, Muj ahid, ` At a', Tawus, Sa` id bin Jubayr, ` Ikrimah, Muhammad bin Sirin, Al-Hasan, Qat adah, Ash-Sha` bi, Ar-Rabi` , Muqat il bin Hayyan,
As-Suddi, Makhul, Ad-Dahhak and ` At a' Al-Khurasani. They all st at ed t hat t he Quru' is t he menst ruat ion period. What t est ifies t o t his is t he Hadit h t hat Abu Dawud and An-Nasa'i report ed t hat Fat imah bint Abu Hubaiysh said t hat Allah's Messenger said t o her:
»
ヶ͡ハ∠キ
∠り∠Κｚダャや
∠ュゅｚΑ∠ぺ
マ͡もや∠ゲ∇ホ∠ぺ
«
(Do not pray during your Aqra' (pl. for Quru', t he menst ruat ion period).)
If t his Hadit h was aut hent ic, it would have been a clear proof t hat t he Quru' is t he menst ruat ion period. However, one of t he narrat ors of t his Hadit h, Al-Mundhir, is an unknown person (in Hadit h t erminology), as Abu Hat im has st at ed, alt hough Ibn Hibban has ment ioned Al-Mundhir in his book At h-Thiqat .
A Woman's Statement about Menses and Purity is to be accepted
Allah said:
ぴ
∠Ι∠ヱ
ぁモ͡エ∠Α
ｚリ⊥ヰ∠ャ
ラ∠ぺ
∠リ∇ヨ⊥わ∇ム∠Α
ゅ∠ョ
∠ペ∠ヤ∠カ
⊥ヮｚヤャや
ヴ͡プ
ｚリ͡ヰ͡ョゅ∠ェ∇ケ∠ぺ
び
(...and it is not lawful for t hem t o conceal what Allah has creat ed in t heir wombs,) meaning, of pregnancy or menst ruat ion periods. This is t he Tafsir of Ibn ` Abbas, Ibn ` Umar, Muj ahid, Ash-Sha` bi, Al-Hakam bin ` Ut aybah, Ar-Rabi` bin Anas, Ad-Dahhak and ot hers.
Allah t hen said:
ぴ
ラ͡ま
ｚリ⊥ミ
ｚリ͡ョ∇ぽ⊥Α
͡ヮｚヤャゅ͡よ
͡ュ∇ヲ∠Β∇ャや∠ヱ
͡ゲ͡カｘΙや
び
(...if t hey believe in Allah and t he Last Day.)
This Ayah warns women against hiding t he t rut h (if t hey were pregnant or on t heir menses), indicat ing t hat t hey are t he aut horit y in such mat t ers as t hey alone know such fact s about t hemselves. Since verifying such mat t ers is difficult , Allah left t his decision wit h t hem. Yet , women were warned not t o hide t he t rut h in case t hey wish t o end t he ` Iddah sooner, or lat er, according t o t heir desires. Women were t hus commanded t o say t he t rut h (if t hey were pregnant or on t heir menses), no more and no less.
The Husband has the Right to take back his Divorced Wife during
the ` Iddah (Waiting Period)
ぴ
ｚリ⊥ヰ⊥わ∠ャヲ⊥バ⊥よ∠ヱ
ぁペ∠ェ∠ぺ
ｚリ͡ワあキ∠ゲ͡よ
ヶ͡プ
∠マ͡ャ∠ク
∇ラ͡ま
∇やヱ⊥キや∠ケ∠ぺ
⇔ゅエ⇒∠ヤ∇タ͡ま
び
(And t heir husbands have t he bet t er right t o t ake t hem back in t hat period, if t hey wish for reconciliat ion.)
Hence, t he husband who divorces his wife can t ake her back, providing she is st ill in her ` Iddah (t ime spent before a divorced woman or a widow can remarry) and t hat his aim, by t aking her back, is right eous and for t he purpose of bringing t hings back t o normal. However, t his ruling applies where t he husband is eligible t o t ake his divorced wife back. We should ment ion t hat (when t his Ayah 2:228 was revealed), t he ruling t hat made t he divorce t hrice and specified when t he husband is ineligible t o t ake his divorced wife back, had not been revealed yet . Previously, t he man used t o divorce his wife and t hen t ake her back even if he had divorced her a hundred separat e t imes. Thereaft er, Allah revealed t he following Ayah (2:229) t hat made t he divorce only t hrice. So t here was now a reversible divorce and an irreversible final divorce.
The Rights the Spouses have over Each Other
Allah said:
ぴ
ｚリ⊥ヰ∠ャ∠ヱ
⊥モ∇ん͡ョ
ン͡グｚャや
ｚリ͡ヰ∇Β∠ヤ∠ハ
͡フヱ⊥ゲ∇バ∠ヨ∇ャゅ͡よ
び
(And t hey (women) have right s (over t heir husbands as regards living expenses) similar (t o t hose of t heir husbands) over t hem (as regards obedience and respect ) t o what is reasonable,) This Ayah indicat es t hat t he wife has cert ain right s on her husband, j ust as he has cert ain right s on her, and each is obliged t o give t he ot her spouse his due right s. Muslim report ed t hat Jabir said t hat Allah's Messenger said:
»
やヲ⊥ボｚゎゅ∠プ
∠ぶや
ヶ͡プ
∩͡￢ゅ∠ジあレャや
∇ユ⊥ムｚル͡み∠プ
ｚリ⊥ワヲ⊥ヨ⊥ゎ∇グ∠カ∠ぺ
͡る∠ルゅ∠ョ∠ほ͡よ
∩͡ぶや
∇ユ⊥わ∇ヤ∠ヤ∇エ∠わ∇シや∠ヱ
ｚリ⊥ヰ∠ィヱ⊥ゲ⊥プ
͡る∠ヨ͡ヤ∠ム͡よ
∩͡ぶや
∇ユ⊥ム∠ャ∠ヱ
ｚリ͡ヰ∇Β∠ヤ∠ハ
∇ラ∠ぺ
∠ャゅ
∠リ∇ゃ͡デヲ⊥Α
∇ユ⊥ム∠セ⊥ゲ⊥プ
や⇔ギ∠ェ∠ぺ
∩⊥ヮ∠ルヲ⊥ワ∠ゲ∇ム∠ゎ
∇ラ͡み∠プ
∠リ∇ヤ∠バ∠プ
∠マ͡ャ∠ク
ｚリ⊥ワヲ⊥よ͡ゲ∇ッゅ∠プ
ゅ⇔よ∇ゲ∠ッ
∠ゲ∇Β∠ビ
∩∃ゥあゲ∠ら⊥ョ
ｚリ⊥ヰ∠ャ∠ヱ
ｚリ⊥ヰ⊥ホ∇コ͡ケ
ｚリ⊥ヰ⊥ゎ∠ヲ∇ジ͡ミ∠ヱ
フヱ⊥ゲ∇バ∠ヨ∇ャゅ͡よ
«
a(Fear Allah regarding your women, for you have t aken t hem by Allah's covenant and were allowed t o enj oy wit h t hem sexually by Allah's Words. You have t he right on t hem t hat t hey do not allow anyone you dislike t o sit on your mat . If t hey do t hat , t hen discipline t hem lenient ly. They have t he right t o be spent on and t o be bought clot hes in what is reasonable.)
Bahz bin Hakim said t hat Mu` awiyah bin Haydah Al-Qushayri relat ed t hat his grandfat her said, "O Messenger of Allah! What is t he right t he wife of one of us has'' The Prophet said:
»
∇ラ∠ぺ
ゅ∠ヰ∠ヨ͡バ∇ト⊥ゎ
や∠ク͡ま
∩∠ろ∇ヨ͡バ∠デ
ゅ∠ワ∠ヲ⊥ジ∇ム∠ゎヱ
や∠ク͡ま
∠わ∇ミや
∩∠ろ∇Β∠ジ
ゅ∠ャ∠ヱ
͡ゆ͡ゲ∇ツ∠ゎ
∩∠ヮ∇ィ∠ヲ∇ャや
ゅ∠ャ∠ヱ
∩∇ウあら∠ボ⊥ゎ
ゅ∠ャ∠ヱ
∇ゲ⊥イ∇ヰ∠ゎ
ゅｚャ͡ま
ヶ͡プ
ろ∇Β∠ら∇ャや
«
(To feed her when you eat , buy her clot hes when you buy for yourself and t o refrain from st riking her on t he face, cursing her or st aying away from her except in t he house.)
Waki` relat ed t hat Ibn ` Abbas said, "I like t o t ake care of my appearance for my wife j ust as I like for her t o t ake care of her appearance for me. This is because Allah says:
ぴ
ｚリ⊥ヰ∠ャ∠ヱ
⊥モ∇ん͡ョ
ン͡グｚャや
ｚリ͡ヰ∇Β∠ヤ∠ハ
͡フヱ⊥ゲ∇バ∠ヨ∇ャゅ͡よ
び
(And t hey (women) have right s similar (t o t hose of t heir husbands) over t hem t o what is reasonable.)'' This st at ement is report ed by Ibn Jarir and Ibn Abu Hat im.
The Virtue Men have over Women
Allah said:
ぴ
͡メゅ∠ィあゲヤ͡ャ∠ヱ
ｚリ͡ヰ∇Β∠ヤ∠ハ
∀る∠ィ∠ケ∠キ
び
(but men have a degree (of responsibilit y) over t hem.)
This Ayah indicat es t hat men are in a more advant ageous posit ion t han women physically as well as in t heir mannerism, st at us, obedience (of women t o t hem), spending, t aking care of t he affairs and in general, in t his life and in t he Hereaft er. Allah said (in anot her Ayah):
ぴ
⊥メゅ∠ィあゲャや
∠ラヲ⊥ョやｚヲ∠ホ
ヴ∠ヤ∠ハ
͡￢べ∠ジあレャや
ゅ∠ヨ͡よ
∠モｚツ∠プ
⊥ヮｚヤャや
∇ユ⊥ヰ∠ツ∇バ∠よ
ヴ∠ヤ∠ハ
∃ヂ∇バ∠よ
べ∠ヨ͡よ∠ヱ
∇やヲ⊥ボ∠ヘル∠ぺ
∇リ͡ョ
∇ユ͡ヰ͡ャ∠ヲ∇ョ∠ぺ
び
(Men are t he prot ect ors and maint ainers of women, because Allah has made one of t hem t o excel t he ot her, and because t hey spend (t o support t hem) from t heir means.) (4:34)
Allah's st at ement :
ぴ
⊥ヮｚヤャや∠ヱ
∀ゴΑ͡ゴ∠ハ
∀ユΒ⊥ム∠ェ
び
(And Allah is All-Might y, All-Wise) means, He is Might y in His punishment of t hose who disobey and defy His commands. He is Wise in what He commands, dest ines and legislat es.
ぴ
⊥ペ⇒∠ヤｚトャや
͡ラゅ∠ゎｚゲ∠ョ
∀ポゅ∠ジ∇ョ͡み∠プ
∃フヱ⊥ゲ∇バ∠ヨ͡よ
∇ヱ∠ぺ
∀ウΑ͡ゲ∇ジ∠ゎ
∃リ⇒∠ジ∇ェ͡み͡よ
∠Ι∠ヱ
ぁモ͡エ∠Α
∇ユ⊥ム∠ャ
ラ∠ぺ
∇やヱ⊥グ⊥カ∇ほ∠ゎ
べｚヨ͡ョ
ｚリ⊥ワヲ⊥ヨ⊥わ∇Β∠ゎや∠￢
ゅ⇔ゃ∇Β∠セ
ｚΙ͡ま
ラ∠ぺ
べ∠プゅ∠ガ∠Α
ｚΙ∠ぺ
ゅ∠ヨΒ͡ボ⊥Α
∠キヱ⊥ギ⊥ェ
͡ヮｚヤャや
∠プ
∇ラ͡み
∇ユ⊥わ∇ヘ͡カ
ｚΙ∠ぺ
ゅ∠ヨΒ͡ボ⊥Α
∠キヱ⊥ギ⊥ェ
͡ヮｚヤャや
∠Κ∠プ
∠ゥゅ∠レ⊥ィ
ゅ∠ヨ͡ヰ∇Β∠ヤ∠ハ
ゅ∠ヨΒ͡プ
∇れ∠ギ∠わ∇プや
͡ヮ͡よ
∠マ∇ヤ͡ゎ
⊥キヱ⊥ギ⊥ェ
͡ヮｚヤャや
∠Κ∠プ
ゅ∠ワヱ⊥ギ∠わ∇バ∠ゎ
リ∠ョ∠ヱ
ｚギ∠バ∠わ∠Α
∠キヱ⊥ギ⊥ェ
͡ヮｚヤャや
∠マ͡ゃ⇒∠ャ∇ヱ⊥ほ∠プ
⊥ユ⊥ワ
∠ラヲ⊥ヨ͡ヤ⇒ｚヌャや
-ラ͡み∠プ
ゅ∠ヰ∠ボｚヤ∠デ
∠Κ∠プ
ぁモ͡エ∠ゎ
⊥ヮ∠ャ
リ͡ョ
⊥ギ∇バ∠よ
ｚわ∠ェ
ヴ
∠ウ͡ム∇レ∠ゎ
ゅ⇔ィ∇ヱ∠コ
⊥ロ∠ゲ∇Β∠ビ
ラ͡み∠プ
ゅ∠ヰ∠ボｚヤ∠デ
∠Κ∠プ
∠ゥゅ∠レ⊥ィ
べ∠ヨ͡ヰ∇Β∠ヤ∠ハ
ラ∠ぺ
べ∠バ∠ィや∠ゲ∠わ∠Α
ラ͡ま
べｚレ∠ニ
ラ∠ぺ
ゅ∠ヨΒ͡ボ⊥Α
∠キヱ⊥ギ⊥ェ
͡ヮｚヤャや
∠マ∇ヤ͡ゎ∠ヱ
⊥キヱ⊥ギ⊥ェ
͡ヮｚヤャや
ゅ∠ヰ⊥レあΒ∠ら⊥Α
∃ュ∇ヲ∠ボ͡ャ
∠ラヲ⊥ヨ∠ヤ∇バ∠Α
び
(229. The divorce is t wice, aft er t hat eit her you ret ain her on reasonable t erms or release her wit h kindness. And it is not lawful for you (men) t o t ake back (from your wives) any of what you gave t hem (t he Mahr, bridal-money given by t he husband t o his wife at t he t ime of marriage), except when bot h part ies fear t hat t hey would be unable t o keep t he limit s ordained by Allah (e.g., t o deal wit h each ot her on a fair basis). Then if you fear t hat t hey would not be able t o keep t he limit s ordained by Allah, t hen t here is no sin on eit her of t hem if she gives back (t he Mahr or a part of it ). These are t he limit s ordained by Allah, so do not t ransgress t hem. And whoever t ransgresses t he limit s ordained by Allah, t hen such are t he wrongdoers.) (230. And if he has divorced her (t he t hird t ime), t hen she is not lawful unt o him t hereaft er unt il she has married anot her husband. Then, if t he ot her husband divorces her, it is no sin on bot h of t hem t hat t hey reunit e, provided t hey feel t hat t hey can keep t he limit s ordained by Allah. These are t he limit s of Allah, which He makes plain for t he people who have knowledge.)
Divorce is Thrice
This honorable Ayah abrogat ed t he previous pract ice in t he beginning of Islam, when t he man had t he right t o t ake back his divorced wife even if he had divorced her a hundred t imes, as long as she was st ill in her ` Iddah (wait ing period). This sit uat ion was harmful for t he wife, and t his is why Allah made t he divorce t hrice, where t he husband is allowed t o t ake back his wife aft er t he first and t he second divorce (as long as she is st ill in her ` Iddah). The divorce becomes irrevocable aft er t he t hird divorce, as Allah said:
ぴ
⊥ペ⇒∠ヤｚトャや
͡ラゅ∠ゎｚゲ∠ョ
∀ポゅ∠ジ∇ョ͡み∠プ
∃フヱ⊥ゲ∇バ∠ヨ͡よ
∇ヱ∠ぺ
∀ウΑ͡ゲ∇ジ∠ゎ
∃リ⇒∠ジ∇ェ͡み͡よ
び
(The divorce is t wice, aft er t hat , eit her you ret ain her on reasonable t erms or release her wit h kindness.)
In his Sunan, Abu Dawud report ed in Chapt er: "Taking t he Wife back aft er t he t hird (Divorce) is an abrogat ed pract ice," t hat Ibn ` Abbas comment ed on t he Ayah:
ぴ
⊥ろ⇒∠ボｚヤ∠ト⊥ヨ∇ャや∠ヱ
∠リ∇ダｚよ∠ゲ∠わ∠Α
ｚリ͡ヰ͡ジ⊥ヘ∇ル∠ほ͡よ
∠る∠ん⇒∠ヤ∠を
∃￢ヱ⊥ゲ⊥ホ
∠Ι∠ヱ
ぁモ͡エ∠Α
ｚリ⊥ヰ∠ャ
∠ぺ
ラ
∠リ∇ヨ⊥わ∇ム∠Α
ゅ∠ョ
∠ペ∠ヤ∠カ
⊥ヮｚヤャや
ヴ͡プ
ｚリ͡ヰ͡ョゅ∠ェ∇ケ∠ぺ
び
(And divorced women shall wait (as regards t heir marriage) for t hree menst rual periods, and it is not lawful for t hem t o conceal what Allah has creat ed in t heir wombs,) (2:228) The man used t o have t he right t o t ake back his wife even if he had divorced her t hrice. Allah abrogat ed t his and said:
ぴ
⊥ペ⇒∠ヤｚトャや
͡ラゅ∠ゎｚゲ∠ョ
び
(The divorce is t wice.)
This Hadit h was also collect ed by An-Nasa'i. Ibn Abu Hat im report ed t hat ` Urwah said t hat a man said t o his wife, "I will neit her divorce you nor t ake you back.'' She said, "How'' He said, "I will divorce you and when your t erm of ` Iddah nears it s end, I will t ake you back.'' She went t o Allah's Messenger and t old him what happened, and Allah revealed:
ぴ
⊥ペ⇒∠ヤｚトャや
͡ラゅ∠ゎｚゲ∠ョ
び
Ibn Jarir (At -Tabari) also report ed t his Hadit h in his Tafsir. Allah said:
ぴ
∀ポゅ∠ジ∇ョ͡み∠プ
∃フヱ⊥ゲ∇バ∠ヨ͡よ
∇ヱ∠ぺ
∀ウΑ͡ゲ∇ジ∠ゎ
∃リ⇒∠ジ∇ェ͡み͡よ
び
(...aft er t hat , eit her you ret ain her on reasonable t erms or release her wit h kindness.) meaning, ` If you divorce her once or t wice, you have t he choice t o t ake her back, as long as she is st ill in her ` Iddah, int ending t o be kind t o her and t o mend differences. Ot herwise, await t he end of her t erm of ` Iddah, when t he divorce becomes final, and let her go her own way in peace, wit hout commit t ing any harm or inj ust ice against her.' ` Ali bin Abu Talhah report ed t hat Ibn ` Abbas said, "When t he man divorces his wife t wice, let him fear Allah, regarding t he t hird t ime. He should eit her keep her wit h him and t reat her wit h kindness, or let her go her own way wit h kindness, wit hout infringing upon any of her right s.''
Taking back the Mahr (Dowry)
Allah said:
ぴ
∠Ι∠ヱ
ぁモ͡エ∠Α
∇ユ⊥ム∠ャ
ラ∠ぺ
∇やヱ⊥グ⊥カ∇ほ∠ゎ
べｚヨ͡ョ
ｚリ⊥ワヲ⊥ヨ⊥わ∇Β∠ゎや∠￢
ゅ⇔ゃ∇Β∠セ
び
(And it is not lawful for you (men) t o t ake back (from your wives) any of (t he dowry) what you gave t hem,) meaning, you are not allowed t o bot her or pressure your wives t o end t his sit uat ion by giving you back t he Mahr and any gift s t hat you have given t hem (in ret urn for divorce). Similarly, Allah said:
ぴ
∠Ι∠ヱ
ｚリ⊥ワヲ⊥ヤ⊥ツ∇バ∠ゎ
∇やヲ⊥ら∠ワ∇グ∠わ͡ャ
͡ヂ∇バ∠ら͡よ
べ∠ョ
ｚリ⊥ワヲ⊥ヨ⊥わ∇Β∠ゎや∠￢
ｚΙ͡ま
ラ∠ぺ
∠リΒ͡ゎ∇ほ∠Α
∃る∠ゼ͡ェゅ∠ヘ͡よ
∃る∠レあΒ∠らぁョ
び
(...and you should not t reat t hem wit h harshness, t hat you may t ake away part of what you have given t hem, unless t hey commit open illegal sexual int ercourse.) (4:19)
However, if t he wife willingly gives back anyt hing wit h a good heart , t hen Allah said regarding t his sit uat ion:
ぴ
ラ͡み∠プ
∠リ∇ら͡デ
∇ユ⊥ム∠ャ
リ∠ハ
∃￢∇ヴ∠セ
⊥ヮ∇レあョ
⇔ゅジ∇ヘ∠ル
⊥ロヲ⊥ヤ⊥ム∠プ
⇔ゅゃΒ͡レ∠ワ
⇔ゅゃΑ͡ゲｚョ
び
(...but if t hey, of t heir own good pleasure, remit any part of it t o you, t ake it , and enj oy it wit hout fear of any harm.) (4:4)
Allowing Khul` and the Return of the Mahr in that Case
When t he spouses have irreconcilable differences wherein t he wife ignores t he right s of t he husband, dislikes him and becomes unable t o live wit h him any longer, she is allowed t o free herself (from married life) by giving him back what he had given her (in gift s and Mahr). There is no sin on her in t his case nor on him if he accept s such offer. This is why Allah said:
ぴ
∠Ι∠ヱ
ぁモ͡エ∠Α
∇ユ⊥ム∠ャ
ラ∠ぺ
∇やヱ⊥グ⊥カ∇ほ∠ゎ
べｚヨ͡ョ
ｚリ⊥ワヲ⊥ヨ⊥わ∇Β∠ゎや∠￢
ゅ⇔ゃ∇Β∠セ
ｚΙ͡ま
ラ∠ぺ
べ∠プゅ∠ガ∠Α
ｚΙ∠ぺ
ゅ∠ヨΒ͡ボ⊥Α
∠キヱ⊥ギ⊥ェ
͡ヮｚヤャや
∇ラ͡み∠プ
∇ユ⊥わ∇ヘ͡カ
ｚΙ∠ぺ
ゅ∠ヨΒ͡ボ⊥Α
∠キヱ⊥ギ⊥ェ
͡ヮｚヤャや
∠Κ∠プ
∠ゥゅ∠レ⊥ィ
ゅ∠ヨ͡ヰ∇Β∠ヤ∠ハ
ゅ∠ヨΒ͡プ
∇れ∠ギ∠わ∇プや
͡ヮ͡よ
び
(And it is not lawful for you (men) t o t ake back (from your wives) any of what you gave t hem, except when bot h part ies fear t hat t hey would be unable t o keep t he limit s ordained by Allah (e.g., t o deal wit h each ot her on a fair basis). Then if you fear t hat t hey would not be able t o keep t he limit s ordained by Allah, t hen t here is no sin on eit her of t hem if she gives back.) Somet imes, t he woman has no valid reason and she st ill asks for her marriage t o be ended. In t his case, Ibn Jarir report ed t hat Thawban said t hat Allah's Messenger said:
»
ゅ∠ヨぁΑ∠ぺ
∃り∠ぺ∠ゲ∇ョや
∇ろ∠ャ∠ほ∠シ
ゅ∠ヰ∠ィ∇ヱ∠コ
ゅ⇔ホゅ∠ヤ∠デ
ヶ͡プ
͡ゲ∇Β∠ビ
ゅ∠ョ
∩∃サ∇ほ∠よ
∀ュや∠ゲ∠エ∠プ
ゅ∠ヰ∇Β∠ヤ∠ハ
⊥る∠エ͡もや∠ケ
る⇒ｚレ∠イ∇ャや
«
(Any woman who asks her husband for divorce wit hout j ust ificat ion, t hen t he scent of Paradise will be forbidden for her.)
At -Tirmidhi recorded t his Hadit h and st at ed t hat it is Hasan.
Ibn Jarir said t hat t he Ayah (2:229) was revealed about Thabit bin Qays bin Shammas and his wife Habibah bint ` Abdullah bin Ubayy bin Salul. In his Muwat t a', Imam Malik report ed t hat Habibah bint Sahl Al-Ansariyah was married t o Thabit bin Qays bin Shammas and t hat Allah's Messenger once went t o t he Faj r (Dawn) prayer and found Habibah bint Sahl by his door in t he dark. Allah's Messenger said, "Who is t his'' She said, "I am Habibah bint Sahl, O Messenger of Allah!'' He said, "What is t he mat t er'' She said, "I and Thabit bin Qays'', meaning, (she can no longer be wit h) her husband. When her husband Thabit bin Qays came, Allah's Messenger said t o him:
»
͡ロ͡グワ
⊥る∠らΒ͡ら∠ェ
͡よ
⊥ろ∇レ
∃モ∇ヰ∠シ
∇ギ∠ホ
∇れ∠ゲ∠ミ∠ク
ゅ∠ョ
∠￢ゅ∠セ
⊥ぶや
∇ラ∠ぺ
ゲ⊥ミ∇グ∠ゎ
«
(This is Habibah bint Sahl, she said what Allah has permit t ed her t o say.)
Habibah also said, "O Messenger of Allah! I st ill have everyt hing he gave me.'' Allah's Messenger said:
»
∇グ⊥カ
ゅ∠ヰ∇レ͡ョ
«
(Take it from her.) So, he t ook it from her and she remained in her family's house.'' This was report ed by Ahmad, Abu Dawud and An-Nasai.
Al-Bukhari report ed t hat Ibn ` Abbas said t hat t he wife of Thabit bin Qays bin Shammas came t o t he Prophet and said, "O Messenger of Allah! I do not crit icize his religion or mannerism. But I hat e commit t ing Kufr in Islam (by ignoring his right s on her).'' Allah's Messenger said:
»
∠リΑあキ⊥ゲ∠ゎ∠ぺ
͡ヮΒ∠ヤ∠ハ
ヮ∠わ∠ボΑ͡ギ∠ェ
«
(Will you give him back his garden) She said, "Yes.'' Allah's Messenger said:
»
͡モ∠ら∇ホや
∠る∠ボΑ͡ギ∠エ∇ャや
ゅ∠ヰ∇ボあヤ∠デ∠ヱ
る∠ボΒ͡ヤ∇ト∠ゎ
«
(Take back t he garden and divorce her once. ) An-Nasa'i also recorded it .
The ` Iddah (Waiting Period) for the Khul"
At -Tirmidhi report ed t hat Rubayi` bint Mu` awwidh bin ` Afra' got a Khul` during t he t ime of Allah's Messenger and t he Prophet ordered her t o wait for one menst ruat ion period for ` Iddah.
Transgressing the set limits of Allah is an Injustice
ぴ
∠マ∇ヤ͡ゎ
⊥キヱ⊥ギ⊥ェ
͡ヮｚヤャや
∠Κ∠プ
ゅ∠ワヱ⊥ギ∠わ∇バ∠ゎ
リ∠ョ∠ヱ
ｚギ∠バ∠わ∠Α
∠キヱ⊥ギ⊥ェ
ｚヤャや
͡ヮ
∠マ͡ゃ⇒∠ャ∇ヱ⊥ほ∠プ
⊥ユ⊥ワ
∠ラヲ⊥ヨ͡ヤ⇒ｚヌャや
び
(These are t he limit s ordained by Allah, so do not t ransgress t hem. And whoever t ransgresses t he limit s ordained by Allah, t hen such are t he wrongdoers.)
This means t hat t he laws t hat Allah has legislat ed are His set limit s, so do not t ransgress t hem. An aut hent ic Hadit h st at es:
»
ｚラ͡ま
∠ぶや
ｚギ∠ェ
や⇔キヱ⊥ギ⊥ェ
ゅ∠ヤ∠プ
∩ゅ∠ワヱ⊥ギ∠わ∇バ∠ゎ
∠チ∠ゲ∠プヱ
∠ヂ͡もや∠ゲ∠プ
ゅ∠ヤ∠プ
∩ゅ∠ワヲ⊥バあΒ∠ツ⊥ゎ
∠ュｚゲ∠ェヱ
∠ュ͡ケゅ∠エ∠ョ
ゅ∠ヤ∠プ
∩ゅ∠ワヲ⊥ム͡ヰ∠わ∇レ∠ゎ
∠ろ∠ム∠シ∠ヱ
∇リ∠ハ
∠￢ゅ∠Β∇セ∠ぺ
⇔る∠ヨ∇ェ∠ケ
∇ユ⊥ム∠ャ
∇リ͡ョ
͡ゲ∇Β∠ビ
∃ラゅ∠Β∇ジ͡ル
∠プ
ゅ∠ヤ
やヲ⊥ャ∠ほ∇ジ∠ゎ
ゅ∠ヰ∇レ∠ハ
«
(Allah has set some limit s, so do not t ransgress t hem; and commanded some commands, so do not ignore t hem; and made some t hings unlawful, so do not commit t hem. He has also left some mat t ers (wit hout rulings) as a mercy wit h you, not because He has forgot t en t hem, so do not ask about t hem.)
Pronouncing Three Divorces at the same Time is Unlawful
The last Ayah we ment ioned was used as evidence t o prove t hat it is not allowed t o pronounce t hree divorces at one t ime. What furt her proves t his ruling is t hat Mahmud bin Labid has st at ed - as An-Nasa'i recorded - t hat Allah's Messenger was t old about a man who pronounced t hree divorces on his wife at one t ime, so t he Prophet st ood up while angry and said:
»
⊥ょ∠バ∇ヤ⊥Α∠ぺ
͡ゆゅ∠わ͡ム͡よ
͡ぶや
∠ぺ∠ヱ
ゅ∠ル
∠リ∇Β∠よ
ユ⊥ミ͡ゲ⊥ヰ∇ニ∠ぺ
«
(The Book of Allah is being made t he subj ect of j est while I am st ill amongst you) A man t hen st ood up and said, "Should I kill t hat man, O Messenger of Allah''
Allah said:
ぴ
ラ͡み∠プ
ゅ∠ヰ∠ボｚヤ∠デ
∠Κ∠プ
ぁモ͡エ∠ゎ
⊥ヮ∠ャ
リ͡ョ
⊥ギ∇バ∠よ
ヴｚわ∠ェ
∠ウ͡ム∇レ∠ゎ
ゅ⇔ィ∇ヱ∠コ
⊥ロ∠ゲ∇Β∠ビ
び
(And if he has divorced her (t he t hird t ime), t hen she is not lawful for him t hereaft er unt il she has married anot her husband.)
This Ayah indicat es t hat if t he man divorces his wife for t he t hird t ime aft er he divorced her t wice, t hen she will no longer be allowed for marriage t o him. Allah said:
ぴ
ヴｚわ∠ェ
∠ウ͡ム∇レ∠ゎ
ゅ⇔ィ∇ヱ∠コ
⊥ロ∠ゲ∇Β∠ビ
び
(...unt il she has married anot her husband.) meaning, unt il she legally marries anot her man. For inst ance, if she has sexual int ercourse wit h any man, even her mast er (if she was a servant ), she would st ill be ineligible for marriage for her ex-husband (who divorced her t hrice), because whomever she had sexual relat ions wit h was not her legal husband. If she marries a man wit hout consummat ing t he marriage, she will not be eligible for her ex-husband. Muslim report ed t hat ` A'ishah said t hat Allah's Messenger was asked about a woman who marries a man who t hereaft er divorces her (t hrice). She t hen marries anot her man and he divorces her before he has sexual relat ions wit h her, would she be allowed for her first husband Allah's Messenger said:
»
∩ゅ∠ャ
ヴｚわ∠ェ
∠ベヱ⊥グ∠Α
ゅ∠ヰ∠わ∠ヤ∇Β∠ジ⊥ハ
«
(No, unt il he enj oys her ` Usaylah (sexual relat ion).) Al-Bukhari also report ed t his Hadit h. Imam Ahmad recorded t hat ` A'ishah said, "The wife of Rifa` ah Al-Qurazi came while I and Abu Bakr were wit h t he Prophet and she said, ` I was Rifa` ah's wife, but he divorced me and it was an irrevocable divorce. Then I married ` Abdur-Rahman bin Az-Zubayr, but his sexual organ is minut e like a st ring.' She t hen t ook a small st ring of her garment (t o resemble how small his sexual organ was). Khalid bin Sa` id bin Al-` As, who was next t o t he door and was not yet allowed in, said, ` O Abu Bakr! Why do you not forbid t his (woman) from what she is revealing frankly before t he Prophet ' The Prophet merely smiled. Then, Allah's Messenger asked her: c
»
͡マｚル∠ほ∠ミ
∠リΑ͡ギΑ͡ゲ⊥ゎ
∇ラ∠ぺ
ヶ͡バ͡ィ∇ゲ∠ゎ
ヴャ͡ま
∩∠る∠ハゅ∠プ͡ケ
∩ゅ∠ャ
ヴｚわ∠ェ
ヶ͡ホヱ⊥グ∠ゎ
∩⊥ヮ∠わ∠ヤ∇Β∠ジ⊥ハ
∠ベヱ⊥グ∠Α∠ヱ
∇Β∠ジ⊥ハ
マ∠わ∠ヤ
«
(Do you want t o remarry Rifa` ah You cannot unless you experience his ` Usaylah and he experiences your ` Usaylah (i.e., had a complet e sexual relat ion wit h your present husband).)''
Al-Bukhari, Muslim, and An-Nasa'i also recorded t his Hadit h. Muslim's wording is "Rifa` ah divorced his wife for t he t hird and final t ime."
The word ` Usaylah ment ioned in t he Hadit h means sexual int ercourse. Imam Ahmad and An-Nasa'i report ed t hat ` A'ishah said t hat Allah's Messenger said:
»
ゅ∠ャ∠ぺ
ｚラ͡ま
∠る∠ヤ∇Β∠ジ⊥バ∇ャや
͡イ∇ャや
ネゅ∠ヨ
«
(` Usaylah is sexual int ercourse.)
The Curse on the Participants of Tahlil/ Halalah
The reason for t he woman (who was divorced t hrice) t o marry anot her man must be t hat t he man desires her and has t he int ent ion of having an ext ended married life wit h her. These are t he legal goals and aims behind marriage. If t he reason behind t he second marriage was t o make t he woman eligible for her ex-husband again, t hen t his is t he Tahlil t hat t he Hadit hs have cursed and crit icized. In addit ion, when t he reason behind t his marriage (if it was Tahlil) is announced in t he cont ract , it would make t he cont ract invalid according t o t he maj orit y of t he scholars.
Imam Ahmad report ed t hat ` Abdullah bin Mas` ud said, "Allah's Messenger cursed t he one who does Tahlil, t he one in whose favor it is done, t hose who eat Riba (usury) and t hose who feed it (pay t he usury).'' At -Tirmidhi and An-Nasa'i report ed t his Hadit h and At -Tirmidhi said, "This Hadit h is Hasan.'' He said, "This is what is act ed upon according t o people of knowledge among t he Companions, among whom are ` Umar, ` Ut hman and Ibn ` Umar. It was also t he saying of t he scholars of Fiqh among t he Tabi` in (second generat ion of Islam). And it has been report ed from ` Ali, Ibn Mas` ud and Ibn ` Abbas''.
In his Must adrak, Al-Hakim report ed t hat Nafi` said: "A man came t o Ibn ` Umar and asked him about a man who divorced his wife t hree t imes. Then, his brot her married her t o make Tahlil for his brot her, wit hout t he brot her knowing t his fact . He t hen asked, "Is she allowed for t he first (husband)'' He said, "No, unless it is a marriage t hat involves desire. We used t o consider t his an act of adult ery during t he t ime of Allah's Messenger .'' Al-Hakim said, "This Hadit h has a Sahih chain alt hough t hey (Al-Bukhari and Muslim) did not record it .''The wording of t his Hadit h indicat es t hat t he ruling came from t he Prophet . Abu Bakr bin Abu Shaybah, Al-Jawzj ani, Harb Al-Kirmani and Abu Bakr Al-At hram said t hat Qabisah bin Jabir said t hat ` Umar said, "If t he part icipant s t o Tahlil are brought t o me, I will have t hem st oned.''
When does a Woman who was divorced Three Times become
Eligible for Her First Husband
Allah said:
ぴ
ラ͡み∠プ
ゅ∠ヰ∠ボｚヤ∠デ
(And if he has divorced her) meaning, t he second husband aft er he had complet e sexual relat ions wit h her,
ぴ
∠Κ∠プ
∠ゥゅ∠レ⊥ィ
べ∠ヨ͡ヰ∇Β∠ヤ∠ハ
ラ∠ぺ
べ∠バ∠ィや∠ゲ∠わ∠Α
び
(it is no sin on bot h of t hem t hat t hey reunit e) meaning, t he wife and her first husband,
ぴ
ラ͡ま
べｚレ∠ニ
ラ∠ぺ
ゅ∠ヨΒ͡ボ⊥Α
∠キヱ⊥ギ⊥ェ
͡ヮｚヤャや
び
(provided t hey feel t hat t hey can keep t he limit s ordained by Allah.) meaning, t hey live t oget her honorably. Muj ahid said, "If t hey are convinced t hat t he aim behind t heir marriage is honorable.'' Next , Allah said:
ぴ
∠マ∇ヤ͡ゎ∠ヱ
⊥キヱ⊥ギ⊥ェ
͡ヮｚヤャや
び
(These are t he limit s of Allah,) His commandment s and legislat ion,
ぴ
∠ヰ⊥レあΒ∠ら⊥Α
ゅび
(He makes plain)
ぴ
∃ュ∇ヲ∠ボ͡ャ
∠ラヲ⊥ヨ∠ヤ∇バ∠Α
び
(for t he people who have knowledge.)
