Commentary
And when he mentioned the return and did not clarify a limit that it ends with, the verse was like the general. A question was posed: Is it extended as they used to do in the days of ignorance, when he returns her during the waiting period, he can divorce her as long as he does that even a thousand times, or is it interrupted? He said: "Divorce" meaning the one being discussed, which is the one in which the return is held.
Al-Harali said: Since divorce is for what is prepared to be returned, the truth, glorified and exalted is He, limited it to two times in which the marriage can be restored by return - this is the end.
And He, glorified and exalted is He, said: "Two times" not "two divorces" as a reminder - that it should be one after another, each divorce in one time, not that they are combined in one time. And when he has after the second during the waiting period two states, action and neglect, and the action is either by return or by divorce, he began with the action because it is more appropriate to clarify, as it is closer to causing harm by it. The neglect was delayed until the waiting period ends because with his understanding from the verse of the waiting periods, he will clarify it in his saying in the next verse: "Or release them with kindness" [Al-Baqarah: 231]. So he said, following with "Then holding" meaning if he returns her in the waiting period of the second.
Al-Harali said: It is from holding, which is an encompassing that restrains something, and from it is holding - with the opening - for the skin. "With kindness"
Al-Harali said: Thus, he diverted them from the harm of the days of ignorance that they were upon by repeatedly divorcing without limit, and he made for it a limit that cuts off the intention of harm - this is the end.
"Or release" meaning if he divorces her the third time, and he does not have after this release the ability to return her due to what was upon the people of ignorance.
Al-Harali said: He named the third release because it is sending without the meaning of taking, like releasing something that is not intended to be returned. He also said: It is the release of something in a manner that does not prepare for return, so whoever sends the falcon, for example, to retrieve it, he is a divorcer, and whoever sends it not to retrieve it, he is a one who releases - this is the end.
And it is permissible that by release is meant the absence of return from the second, not that it is a third divorce. And when the purpose of marriage is good companionship, and it is from the man the enjoyment with the self and wealth, and divorce is a prevention of enjoyment with the self, he said: "With kindness" indicating the remedy for boredom so that two preventions do not gather: the prevention of the self and that of the hand - Al-Harali benefited from this and said: In it, in a way, there is an indication of what the verse of enjoyment that will come has clarified - this is the end.
And from that is giving the full dowry and not being stingy with her in anything that she has a right to, along with kind words and generous actions.
And when Allah, glorified and exalted is He, had given him the choice between two things: the return and the described release, and since the return was closer to good, he began with it. However, since it could be for the sake of the ransom that the woman was given, and taking it or something from it is similar to the release in that it cuts off what he had of the ownership of the return, and he would not possess after this release the return as he had in the case of the people of ignorance. And the ransom could be in the first instance; he did not detail it with the subsequent one. He said, indicating that among the kindness of the release is the husband's allowance of what he has given her, in addition to what he estimates: 'It is not lawful for you to harm them.' (Qur'an 2:231) That is, O you who are divorcing or mediating from the judges and others, for when they were commanding, they were considered as taking. 'That you take' is kindness in the release 'from what you have given them' of the dowry and others 'anything' that is without opposition.
Al-Harali said: Because the giving of a man to a woman is a giving of a gift to show the merit of the degree, not in exchange for benefit. Therefore, he upheld it and did not retract anything from it. And for this reason, the dowry is required in marriage to show the merit of the man by virtue of his hand as it appeared in the essence of the self.
And when the attribution of fear to the plural pronoun might be misleading, he said: 'Except that they both fear' (Qur'an 4:28) as a text on the intended attribution to the two spouses. And he expressed the suspicion of fear as a warning from the punishment of Allah. And he expressed in this exception, if we say that it is disconnected by the tool of connection, as a deterrent from taking. And the meaning of the passive construction in the reading of Hamzah, Abu Ja'far, and Ya'qub is that unless there occurs to them something of fortune or desire that compels them to fear of deficiency in the limits. And there is no understanding of the restriction by fear because it cannot be imagined from a rational person that he would ransom with money without a compelling matter. And whenever the compelling matter occurs, fear arises. And whenever one of them fears, both fear because whenever one contradicts the other, conflict arises that provokes the desires that necessitate the undertaking of what is not permissible. And Allah, glorified and exalted is He, knows best. 'That they may not maintain' (Qur'an 2:229) means in the gathering 'the limits of Allah' the Great, so each of them does what is required of him of the right.
Al-Harali said: And in his indication that the ransom in the ruling of the Book is what the wife has taken from her husband, not from other than that from her wealth. The limits are the plural of limit, which is the end in the prohibitive act that prevents increase upon it - this is the end. Then the matter was further clarified, as it is in the position of specification. He said, supporting it with the pronoun of the plural, urging to verify so that the ransom becomes a solution negating all hardship: ﴿So if you fear﴾, meaning, O you who are intermediaries between them, from the judges and others among the leaders, by what you see from them and what they inform you about themselves ﴿that they do not maintain the limits of Allah﴾. The repetition of the greatest name indicates an additional elevation for this position, and a great glorification for these rulings, and a great urging to adhere to these regulations with consideration and commitment. This is because every person is inclined to prioritize himself over others. The entire Shari'ah is based on justice, which is fairness and a person's love for others what he loves for himself. ﴿So there is no sin﴾, meaning, inclination towards sin ﴿upon them﴾. And it is permissible because suspicion is a doubt, for you do not fear what you do not suspect. ﴿In what she ransomed﴾, meaning, not upon the husband by taking nor upon her by giving, whether that was from what he gave her or from other than it, more than it or not. This is because the khula' is a contract of exchange. Just as it is permissible for her to refuse at the beginning of the contract until she is satisfied, even if with more than the dowry of the like, so too in khula', it is permissible for him to not be satisfied except with what is in his heart, whatever it may be. And this will be regarding what he possesses over her from the return. So if he takes it, the woman is divorced and becomes more deserving of herself, and there is no way upon her except with her permission.
And when the rulings concerning women are sometimes based on companionship and sometimes on separation, and they are based on desires, sometimes on bestiality and sometimes on ferocity, and glorified and exalted is He, He has set limits in them by which interests are established and evils are removed. He has prohibited glorified and exalted is He, whoever transgresses those limits, meaning the rulings that He has clarified in that. And He did not mention her offering as He mentioned in the verse of fasting, and He said: ﴿Those﴾, meaning the great rulings that Allah has taken upon Himself to clarify from the rulings of divorce, return, khula', and others ﴿the limits of Allah﴾, meaning the laws of the greatest King, to whom belongs all honor from the commands and prohibitions that He has clarified, and they have become like the known limits in the lands.
And when the laws of Allah are in accordance with the original sound nature, free from the inclinations of deficiencies and the attractions of vices, He indicated that glorified and exalted is He, with the form of causation in His saying: ﴿So do not transgress them﴾, meaning do not overreach them. And in it, there is also an indication of pardon for transgression without intention.
And when he affirmed the matter at one time by clarification and at another time by prohibition, he increased the emphasis by threatening. He said, adding to what he intends by saying: "So whoever transgresses anything of it has certainly wronged." ﴿And whoever transgresses﴾ means to exceed ﴿the limits of Allah﴾, meaning the encompassing attributes of perfection that He has clarified. He affirmed its matter and increased its greatness by repeating His greatest name.
Al-Harali said: In it, there is a reference regarding what occurs from transgressing the limits, apart from that, from the limits of the people of knowledge and the aspects of the Sunnah. In informing him, there is an indication that the occurrence of accounting on the Day of Judgment will be based on the limits of the Qur'an, which no one can escape from in any way of deviation. For this reason, piety and guardianship are realized along with adhering to the differences of the Sunnah and the differences of the sayings of the scholars - this is concluded.
And to it, the restriction in His saying: ﴿So those﴾ means the deserving of distance ﴿they are the wrongdoers﴾, meaning those deeply rooted in wrongdoing by placing things in their inappropriate places, as if they walk in darkness.
Al-Harali said: And in its implication, there is a classification of the limits into three categories: the limit of Allah, glorified and exalted is He, the limit of the Prophet, blessings and peace be upon him, and the limit of the scholar. The Prophet, blessings and peace be upon him, said: "What comes from Allah is the truth, and what comes from me is the Sunnah, and what comes from my companions is the allowance." So the most innocent of the servants from wrongdoing is the one who preserves not to exceed the limits of the scholars, so that he is further away from exceeding the limits of the Sunnah, to be further away from exceeding the limits of the Book. The wrongdoer whose wrongdoing has ended is the one who exceeds the three limits: the limit of the scholar, the limit of the Sunnah, and the limit of Allah - this is concluded.
Explore Other Scholars on This Verse
Compare different scholarly perspectives on Surah Al-Baqarah verse 229