Commentary
And when the mention of the rulings concerning the treatment of women in this manner raises the possibility of a question from a questioner, as has been previously mentioned, he says: The engagement with them has consumed time and harmed the free time for worship. This question hints at seeking permission for monasticism and seclusion, which the one who asked has inquired about, as will be clarified, if Allah, glorified and exalted is He, wills in Al-Ma'idah in His saying: ﴿Do not make unlawful the good things which Allah has made lawful for you﴾ [Al-Ma'idah: 87]. The avoidance of answering the questioner by commanding the preservation of prayer perhaps indicates acknowledgment of the content of the question and permission for asceticism by the indication of avoiding the question. It may also be pointing to the prohibition of asceticism by the indication of silence regarding what has been previously commanded about treating them without any prohibition against it. He followed this command with some verses about women, confirming what that indication has made clear, which is: Leave asceticism and be men in following your Prophet, blessings and peace be upon him, in fulfilling the rights of Allah, the rights of oneself, and the rights of others among all the servants. And He made what follows the verse of prayer concerning marriage two verses only, the first of which is in a ruling of the rulings of death and is abrogated, as most have said. It is not among the pillars of the rulings of this chapter, indicating that it is appropriate for one to be more engaged in worship and that the engagement with matters of women and children is only in the way of provision for death and what follows it. So He, exalted is He, said: ﴿And those﴾.
And Al-Harali said: When He, glorified and exalted is He, mentioned the rulings of spouses in divorce and inheritance, and the ruling of the obligation and enjoyment for the divorced women before entering upon them, He concluded these confirmed rulings with the obligation and the command regarding what is similar to it. He arranged for enjoyment from the expenditure, clothing, and service, and what is similar to it. Enjoyment with residence for the woman whose husband has passed away, to the extent that the waiting period was in the pre-Islamic era, so that goodness and kindness may remain in Islam in some way. Any contract or covenant that existed in the pre-Islamic era will only be intensified by Islam - it has ended.
So He, exalted is He, said: ﴿They are to bequeath from you﴾, meaning they are nearing the completion of their souls from those who lent them their bodies, so He will free them from it completely, leaving nothing behind and taking nothing from the body with it, along with what is between them of the completeness of the mixture that one cannot distinguish between either of them except Him, glorified and exalted is He. ﴿And they leave behind wives﴾ after their death, so let them bequeath ﴿a bequest﴾. And whoever raises it, the estimation with them is: upon them is a bequest. It is permissible that the term 'death' be taken literally, and the estimation may be: a bequest from Allah to their wives, or Allah commands you a bequest ﴿to their wives﴾ regarding residence in their homes ﴿as a provision﴾ for them ﴿until﴾ the end of ﴿the year﴾ from the time of death.
Al-Harali said: This is the maximum of the lifespan and encompasses all the chapters, which by fulfilling it, the states of patience regarding something and the eagerness for it become apparent. And the second year is a correction - it has ended.
﴿Not to be expelled﴾ means not to accompany that provision with a type of expulsion or not of those who expel.
Al-Harali said: So that the four months and ten days are obligatory, and the rest of the year is provision, so that the types of enjoyment are linked to the types of necessity in marriage, such as spending, clothing, maintenance, and housing. And since this additional provision is merely a confirmation for the wife in case she is with her husband, it indicates the continuation of the marriage bond and a hint from Allah, glorified and exalted is He, regarding the good patience of the woman whose husband has passed away over her husband. She does not marry another until she meets him, so she is with him in the previous marriage. This is for the community to have a glimpse of the prohibition of the wives of their Prophet after him, who remain after him until they meet him as wives in their state. This is for those who aspire from the special ones of his community to follow him in his rulings and the rulings of his wives, because men find this commendable for their wives. Among the most severe things that befall a man after his death is the marriage of his wife after him, because in that she is as if she is the one who has divorced him. For this reason, it has been reported that a woman is only for her last husband. Because she has left the husband and he has not left her. The Prophet, blessings and peace be upon him, said: "I and the one who has held herself for her orphans until they die - or: until they grow up - are like these two in Paradise." It is as if he, blessings and peace be upon him, confirmed this meaning for one who has left behind the deceased offspring, because he has established a bond with him - this has ended.
Al-Bukhari narrated in the tafsir from Mujahid regarding ﴿And those of you who die and leave wives﴾ he said: This waiting period was considered obligatory by the people of her husband. Then Allah, the Mighty and Majestic, revealed: ﴿And those of you who die and leave wives, a will for their wives, provision for a year without expulsion﴾. He said: Allah, glorified and exalted is He, has made for her the completion of the year seven months and twenty nights as a will. If she wishes, she may remain in her will, and if she wishes, she may leave. This is the saying of Allah, glorified and exalted is He: ﴿Not to be expelled﴾. So the waiting period is as it is obligatory upon her.
And since this obligatory provision from the husband is permissible from the side of the woman, He pointed it out by His saying ﴿But if they leave﴾, meaning from themselves without any disturbance (p-381) or expulsion ﴿there is no sin upon you﴾ O people of faith who are obliged to command what is right and forbid what is wrong ﴿in what they have done in themselves﴾ [Al-Baqarah: 234] regarding marriage and its preliminaries.
And since they had in the pre-Islamic era reprehensible conditions in the law, He restricted it with His saying: ﴿of what is acceptable﴾, meaning among you, O people of Islam.
And when there were two judgments in this, one judgment regarding men is preference, and the other regarding women is pardon. The estimation was: 'Indeed, Allah is Forgiving and Forbearing.' He added to it His saying: 'And Allah,' meaning the One who has no equal, 'is Exalted in Might, Wise.' Within it, as Al-Harali said, there is a severe threat to the guardians if they do not implement and carry out this will as Allah has obligated. In its implication, whoever neglects that will receive from the might of Allah punishments in his own self, his wife, and his successors after him. And the consequences of what might be required by might will be according to the weight of wisdom, as a recompense in accordance and a judgment of retribution. This verse is one of those in which some people mentioned abrogation, but it is rather something that has been forgotten, which Allah, glorified and exalted is He, caused to be forgotten among the creation, until hardly anyone has acted upon it except for one who has not been mentioned in it and has not become well-known from it. So it is among what has been forgotten, and Allah willed it to be so. Allah, glorified and exalted is He, says the truth and guides to the way. It has been reported that the Prophet, blessings and peace be upon him, executed for a woman from her husband's estate a year's maintenance. And that, by Allah, glorified and exalted is He, was known before the revelation of the verses of inheritance when the will was for parents and relatives in a good manner - this has ended.
And regarding what Al-Harali said that it is not abrogated, Mujahid said, as has been mentioned in the narration of Al-Bukhari from him, that if the wife chooses this, then her waiting period is a year, otherwise her waiting period is the first verse. And it has been transmitted by Al-Shams Al-Asfahani from him in his tafsir. It was also reported from his two towns, Abu Muslim, who is close to him, that he said after it was reported from him that it is not abrogated: The estimation does not imply obligation upon the husband like: 'Let them make a will,' but the estimation is: They have made a will, or: They have a will.
And he improved the follow-up of the verse of maintaining prayer with the number of deaths, as the fear mentioned in it is from the causes of killing. And perhaps its establishment in recitation, while its ruling is abrogated according to what the majority said, serves as a reminder to women of what was their waiting period in the beginning, so that they do not extend the established waiting period of four months and ten days and violate something of its sanctities, as indicated by what is in the two Sahihs and others: 'From Umm Salamah, may Allah be pleased with her, that a woman sought permission from the Prophet, blessings and peace be upon him, to apply kohl to her daughter for a pain that afflicted her, but he refused and said: "One of you used to throw dung on the head of a newborn in the days of ignorance."
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