Surah Al-Baqara (2): Read Online and Download - English Translation

Being Kind to the Divorced Wife

This is a command from Allah to men that when one of them divorces his wife with a reversible divorce, he should treat her kindly. So when her term of `Iddah (waiting period) nears its end, he either takes her back in a way that is better, including having witnesses that he has taken her back, and he lives with her with kindness. Or, he should release her after her `Iddah finishes and then kindly asks her to depart from his house, without disputing, fighting with her or using foul words. Allah then said:

(But do not take them back to hurt them,)

Ibn `Abbas, Mujahid, Masruq, Al-Hasan, Qatadah, Ad-Dahhak, Ar-Rabi` and Muqatil bin Hayyan said that a man used to divorce his wife, and when her `Iddah came near its end, he would take her back to harm her and to stop her from marrying someone else. He then divorced her and she would begin her `Iddah and when her `Iddah term neared its end, he would take her back again, so that the term of `Iddah would be prolonged for her. After that, Allah prohibited this practice. Allah has also threatened those who indulge in such practices, when He said;

(...and whoever does that, then he has wronged himself.) meaning, by defying Allah's commandments. Allah then said:

(And treat not the verses (Laws) of Allah in a jest,)

Ibn Jarir said that Abu Musa (Al-Ash`ari) narrated that Allah's Messenger once became angry at the Ash`ari tribe. Abu Musa went to him and said, "O Messenger of Allah! Are you angry with the Ash`ariyyin" The Prophet said:

(One of you says, `I divorced her' -then says- `I took her back!' This is not the appropriate way Muslims conduct divorce. Divorce the woman when she has fulfilled the term of the prescribed period.)

Masruq said that the Ayah refers to the man who harms his wife by divorcing her and then taking her back, so that the `Iddah term is prolonged for her. Al-Hasan, Qatadah, `Ata' Al-Khurasani, Ar-Rabi` and Muqatil bin Hayyan said, "He is the man who divorces his wife and says, `I was joking.' Or he frees a servant or gets married and says, `I was only joking.' Allah revealed:

(And treat not the verses (Laws) of Allah in a jest,)

Then such men were made to bear the consequences of their actions.

Allah then said:

(. ..but remember Allah's favors on you,) meaning, by His sending His Messenger with the right guidance and clear signs to you:

(...and that which He has sent down to you of the Book (i.e., the Qur'an) and Al-Hikmah) meaning the Sunnah,

(...whereby He instructs you.) meaning, commands you, forbids you and threatens you for transgressing His prohibitions. Allah said:

(And fear Allah) meaning, concerning what you perform and what you avoid,

(and know that Allah is All-Aware of everything.) none of your secret or public affairs ever escapes His knowledge, and He will treat you accordingly.

The Wali (Guardian) of the Divorced Woman should not prevent Her from going back to Her Husband

`Ali bin Abu Talhah reported that Ibn `Abbas said, "This Ayah was revealed about the man who divorces his wife once or twice and her `Iddah finishes. He later thinks about taking her back in marriage and the woman also wishes that, yet, her family prevents her from remarrying him. Hence, Allah prohibited her family from preventing her." Masruq, Ibrahim An-Nakha`i, Az-Zuhri and Ad-Dahhak stated that this is the reason behind revealing the Ayah (2:232). These statements clearly conform to the apparent meaning of the Ayah.

There is no Marriage without a Wali (for the Woman)

The Ayah (2:232) also indicates that the woman is not permitted to give herself in marriage. Rather, she requires a Wali (guardian such as her father, brother, adult son, and so forth) to give her away in marriage, as Ibn Jarir and At-Tirmidhi have stated when they mentioned this Ayah. Also, a Hadith states that:

(The woman does not give another woman away for marriage and the woman does not give herself away in marriage, for only the adulteress gives herself away for marriage.)

Another Hadith states:

(No marriage is valid except with the participation of a mature Wali and two trustworthy witnesses.)

The Reason behind revealing the Ayah (2:232)

It was reported that this Ayah was revealed about Ma`qil bin Yasar Al-Muzani and his sister. Al-Bukhari reported in his Sahih, when he mentioned the Tafsir of this Ayah (2:232), that the husband of the sister of Ma`qil bin Yasar divorced her. He waited until her `Iddah finished and then asked to remarry her, but Ma`qil refused. Then, this Ayah was sent down:

(...do not prevent them from marrying their (former) husbands.)

Abu Dawud, At-Tirmidhi, Ibn Abu Hatim, Ibn Jarir and Ibn Marduwyah and Al-Bayhaqi reported this Hadith from Al-Hasan from Ma`qil bin Yasar. At-Tirmidhi rendered this Hadith authentic and in his narration, Ma`qil bin Yasar gave his sister in marriage for a Muslim man during the time of Allah's Messenger . She remained with him for a while and he divorced her once and did not take her back until her `Iddah finished. They then wanted to get back with each other and he came to ask her for marriage. Ma`qil said to him, "O ungrateful one! I honored you and married her to you but you divorced her. By Allah! She will never be returned to you." But Allah knew his need for his wife and her need for her husband and He revealed:

(And when you have divorced women and they have fulfilled the term of their prescribed period, ) until He said:

(...and you know not.)

When Ma`qil heard the Ayah, he said, "I hear and obey my Lord." He then summoned the man and said, "I will honor you and let you remarry (my sister)." Ibn Marduwyah added (that Ma`qil said), "And will pay (the expiation) for breaking my vow."

Allah said:

(This (instruction) is an admonition for him among you who believes in Allah and the Last Day.) meaning, prohibiting you from preventing the women from marrying their ex-husbands, if they both agree to it,

(among you) O people,

(who believes in Allah and the Last Day.) meaning, believes in Allah's commandments and fears His warnings and the torment in the Hereafter. Allah said:

(That is more virtuous and purer for you.) meaning, obeying Allah's Law by returning the women to their ex-husbands, and abandoning your displeasure, is purer and cleaner for your hearts,

(Allah knows) the benefits you gain from what He commands and what He forbids.

(and you know not) the benefits in what you do or what you refrain from doing.

The Suckling Period is only Two Years

This is a direction from Allah to the mothers to suckle their infants through the complete term of suckling, which is two years. Hence, suckling after two years is not included in this address. Allah said:

(...who desire to complete the term of suckling,)

Therefore, the suckling that establishes Tahrim (prohibition, i.e., one cannot marry his mother or sister from suckling) is what occurs before the two years end. If the infant is suckled only after two years of age, then no Tahrim will be established. At-Tirmidhi under Chapter: `Suckling establishes Tahrim within the first two years,' reported that Umm Salamah narrated that Allah's Messenger said:

(Suckling establishes Tahrim if it is on the breast and before Fitam (before weaning, i.e., before the end of the first two years).)

At-Tirmidhi said, "This Hadith is Hasan Sahih. The majority of the people of knowledge among the Companions of Allah's Messenger and others acted upon this, that is that suckling establishes Tahrim (prohibition in marriage) before the end of the two years and that whatever occurs after that does not establish Tahrim". At-Tirmidhi is alone in recording this Hadith and the narrators in its chain meet the criteria of the Sahihayn. The Prophet's statement:

(On the breast) refers to the organ of suckling before the two years. Imam Ahmad reported a Hadith in which Al-Bara' bin `Azib narrated, "When Ibrahim, the Prophet's son, died, the Prophet said:

(My son has died on the breast and he has someone to suckle him in Paradise.)

Furthermore, Ad-Daraqutni related that Ibn `Abbas said that Allah's Messenger said:

(Suckling establishes Tahrim only within the (first) two years.)

Imam Malik reported this Hadith from Thawr bin Zayd who narrated that Ibn `Abbas related it to the Prophet . Ad-Darawardi reported this Hadith from Thawr who narrated it from `Ikrimah who narrated it from Ibn `Abbas. In this narration, which is more authentic, he added:

(Whatever occurs after the two years is not considered.)

Suckling beyond the Two Years

It is reported in the Sahih that `A'ishah thought that if a woman gives her milk to an older person (meaning beyond the age of two years) then this will establish Tahrim. This is also the opinion of `Ata' bin Abu Rabah and Layth bin Sa`d. Hence, `A'ishah thought that it is permissible to suckle the man whom the woman needs to be allowed in her house. She used as evidence the Hadith of Salim, the freed slave of Abu Hudhayfah, where the Prophet ordered Abu Hudhayfah's wife to give some of her milk to Salim, although he was a man, and ever since then, he used to enter her house freely. However, the rest of the Prophet's wives did not agree with this opinion and thought that this was only a special case. This is also the opinion of the majority of the scholars.

Suckling for Monetary Compensation

Allah said:

(...but the father of the child shall bear the cost of the mother's food and clothing on a reasonable basis.) meaning, the father of the baby is obliged to provide for the expenses of the mother and to buy her clothes, in reasonable amounts usually used by similar women in that area, without extravagance or stinginess. The father spends within his means in this case. Allah said in another Ayah:

(Let the rich man spend according to his means; and the man whose resources are restricted, let him spend according to what Allah has given him. Allah puts no burden on any person beyond what He has given him. Allah will grant after hardship, ease.) (65:7)

Ad-Dahhak commented, "If the husband divorces his wife, with whom he had a child, and she suckles that child, he is required to provide for the mother's expenses and clothes within reason."

No Darar (Harm) or Dirar (Revenge)

Allah said:

(No mother shall be treated unfairly on account of her child,) meaning, the mother should not decline to rear her child to harm its father. The mother does not have the right to refrain from suckling the child after giving birth, unless she suckles him/her the milk that is necessary for his/her survival. Later on, she is allowed to give up custody of the child as long as she does not do that intending to harm the father. In addition, the father is not allowed to take the child from his mother to harm the mother. This is why Allah said:

(...nor father on account of his child.) meaning, by taking the child from its mother intending to harm the mother. This is the Tafsir of Mujahid, Qatadah, Ad-Dahhak, Az-Zuhri, As-Suddi, Ath-Thawri and Ibn Zayd, and others on this Ayah.

Allah then said:

(And on the (father's) heir is incumbent the like of that (which was incumbent on the father).) meaning, by refraining from harming the relative (of the father, i.e., his infant), as Mujahid, Ash-Sha`bi and Ad-Dahhak stated. It was also reported that (the Ayah requires) the inheritor (of the father) to spend on the mother of the child, just as the father was spending, and to preserve her rights and refrain from harming her, according to the Tafsir of the majority of the scholars. We should state that Ibn Jarir has explained this subject in detail in his Tafsir and that he also stated that suckling the child after the second year might harm the child's body and mind. Sufyan Ath-Thawri narrated that `Alqamah asked a woman who was suckling her child after the second year ended, not to do that.

Fitam (weaning) occurs by Mutual Consent

Allah said:

(If they both decide on weaning, by mutual consent, and after due consultation, there is no sin on them.)

This Ayah indicates that if the father and the mother decide on the Fitam (weaning) before the two years (of suckling) end, and for a benefit that they duly discuss and agree upon, then there is no sin in this case. So, the Ayah indicates that one parent is not allowed to make this kind of decision without duly consulting the other parent, as stated by Ath-Thawri. The method of mutual consultation protects the child's interests. It is also a mercy from Allah to His servants, for He has legislated the best method for parents to rear their children, and His legislation guides and directs the parents and the children to success. Similarly, Allah said in Surat At-Talaq (chapter 65 in the Qur'an):

(Then if they give suck to the children for you, give them their due payment, and let each of you accept the advice of the other in a just way. But if you make difficulties for one another, then some other woman may give suck for him (the father of the child).) (65:6)

Allah then said:

(And if you decide on a foster suckling-mother for your children, there is no sin on you, provided you pay (the mother) what you agreed (to give her) on a reasonable basis.) meaning, if the mother and the father both agree that the father assumes custody of the child due to a circumstance that compels her or allows him to do so, then there is no sin in this case. Hence, the mother is allowed to give up the child and the father is allowed to assume custody of the child. The father should kindly give the mother her expenses for the previous period (during which she reared and suckled the child), and he should seek other women to suckle his child for monetary compensation. Thereafter, Allah said:

(And fear Allah) meaning, in all of your affairs,

(And know that Allah is All-Seer of what you do.) meaning, none of your affairs or speech escapes His perfect Watch.