Tafsir for verse: 2:237
وَإِن طَلَّقۡتُمُوهُنَّ مِن قَبۡلِ أَن تَمَسُّوهُنَّ وَقَدۡ فَرَضۡتُمۡ لَهُنَّ فَرِيضَةٗ فَنِصۡفُ مَا فَرَضۡتُمۡ إِلَّآ أَن يَعۡفُونَ أَوۡ يَعۡفُوَاْ ٱلَّذِي بِيَدِهِۦ عُقۡدَةُ ٱلنِّكَاحِۚ وَأَن تَعۡفُوٓاْ أَقۡرَبُ لِلتَّقۡوَىٰۚ وَلَا تَنسَوُاْ ٱلۡفَضۡلَ بَيۡنَكُمۡۚ إِنَّ ٱللَّهَ بِمَا تَعۡمَلُونَ بَصِيرٌ ٢٣٧ ﴿237
237If you divorce them before you have touched them, while you have already fixed for them an amount (of dower), then there is one half of what you have fixed, unless they (the women) forgive, or forgives the one in whose hand lies the marriage tie, and it is closer to Taqwā (righteousness) that you forgive, and do not forget to be graceful to one another. Surely, Allah is watchful of what you do.
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Commentary

And when the wing was negated by the negation of contact and obligation, it was understood that if both were present, the wing would exist by the obligation of all that is mandated. He followed this with what if one of them is negated only. He mentioned the ruling when the contact is negated alone explicitly against the previous delegation. And he understood by this what if the obligation is negated alone allusively. He said: ﴿And if you divorce them﴾ meaning the wives ﴿before you have touched them﴾ meaning before you have had sexual relations with them, whether there is seclusion or not ﴿and you have﴾ meaning while you have ﴿prescribed﴾ meaning designated for them ﴿a prescribed amount﴾ meaning a specified dowry ﴿then half﴾ meaning what is taken is half of ﴿what you have prescribed﴾ meaning what you have designated for them from the bridal gift, nothing else.

And when he made that obligatory for her, he urged her to abandon it because the husband does not benefit from her in anything by the expression of pardon. He said: ﴿Except if they pardon﴾ meaning the women, for the pronoun 'nun' is their pronoun and the 'waw' is the verb's letter. So nothing is taken from you ﴿or the one who has the contract in his hand﴾ meaning to him. However, since most actions are by hand, all were attributed to her, thus it became a metaphor for ability. ﴿The contract of marriage﴾ is the husband who, if he wishes, keeps her, and if he wishes, he releases her. It is permitted for her in all cases. The expression here is a nudge for the husband towards pardon in light of what has been made to him from this, not towards her.

Al-Harali said: If this statement is coupled with his saying: ﴿And do not hold on to the contract of marriage﴾ [Al-Baqarah: 235] as a speech to the husbands, it becomes strong. He interpreted that the one who has the contract in his hand is the husband, in comparison to the wives. And whoever specified their pardon to the rightful owners, meaning the mature women, specified this to the guardians. Thus, this pattern of addressing the differences is not from the breadth of suggestion, and it is as if it is from a continuation in some way from the end of the clarification. The source of the disagreement in it is different from the source of the disagreement from the speeches of breadth by suggestion - ended.

And the Imam made this a concept from the expression of the contract because it indicates the action like eating and the morsel, and the one in his hand is that husband, and the one in the hand of the guardian is the source, like eating and the morsel, not the contract that occurs after the contract. ﴿And that you pardon﴾ O men and women ﴿is closer﴾ meaning to the ruling of justice which is equality.

And when the situation was for encouragement, he expressed it with the 'lam' indicating more closeness without (p-357) to say: ﴿for piety﴾. As for the woman, it is because the husband has not gained anything from her nor has he had a share, so he is closer to his satisfaction. And as for the man, when he indicated to him by placing the contract in his hand, he, just as he tied it with his choice, has the right to release it by his choice. Thus, all of this drives him closer to mending the woman and her satisfaction. And whoever does good, by his action, is closer to fulfilling the obligation than one who does not do good.

And when forgiveness is a favor from the forgiver and a kindness from him, and they only boast of virtues, he affirmed it by saying: ﴿And do not forget﴾ meaning do not leave the leaving of the forgotten. The expression of forgetting is more emphatic in prohibition. ﴿The favor﴾ meaning that you should be favored in all that has passed, not favored over you. For the upper hand is better than the lower hand. He emphasized it further by saying: ﴿Among you﴾ meaning while it is occurring among you from some of you to some, nothing of it is outside of you. And Allah will not gain anything from it, for He is free of all things. What He commanded you with is only for your own benefit, so that the husband does not suffer from giving that he does not benefit from in return from the woman, nor does the woman suffer from a divorce that does not bring her anything in compensation for the loss she incurs because of it. It is valid that it can be addressed to both parties by predominance.

And Al-Harali specified it for men, saying: It is the right of the husband who has the virtue of manhood to be the forgiver and not to hold the women accountable for forgiveness. Therefore, there is no command for them in the address nor any urging. Among the ugliest things is for a man to pressure a woman in reclaiming what he has given her by what his saying clearly states: ﴿And if you have given one of them a qintar, do not take anything from it﴾ [An-Nisa: 20]. So you should not forget that favor and act upon it where you are not obliged to it - ended.

(p-359) Then he explained that, encouraging and warning, by saying: ﴿Indeed, Allah﴾ meaning He who has all perfection ﴿is All-Aware﴾ of what you do, even if it is small. ﴿And He understands that: even if you divorce them after the touching and before the obligation, then the entire dowry of the equivalent applies.

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