Commentary
(p-139) Surah At-Talaq, also called An-Nisa Al-Qusra. Its purpose is to estimate the good management in separation and migration by refining morals, with piety, especially in spending, particularly when there is discord, especially concerning women, particularly at the time of divorce, so that the separation is in a manner of connection and meeting. Its name, At-Talaq, encompasses all of that, and thus it is named so. Likewise, Surah An-Nisa Al-Qusra, because justice in separation is part of the absolute justice that is the main purpose of Surah An-Nisa. 'In the name of Allah, the Most Gracious, the Most Merciful' (who possesses all attributes of perfection), (the Most Gracious) who encompasses with His mercy all provisions, (the Most Merciful) who specifically grants mercy to those of high aspirations. * * When Al-Taghabun concluded with the fact that He, the Exalted, is Appreciative, Forbearing, Mighty, Wise, with complete knowledge and comprehensive ability, after warning against women with animosity, and animosity leads to separation, He opened this with a binding for souls at the time of the surge of desires with the reins of piety. He elevated the discourse significantly by directing it to the highest morals, indicating the greatness of the rulings mentioned in this Surah, for it is based on the four names to receive with the utmost desire. He said: 'O Prophet,' specifically addressing him, blessings and peace be upon him, mentioning the description that is the reason for receiving the wonders of knowledge and the desires of wisdom and understanding.
And when he knew from the approach of the Messenger ﷺ the greatness of wisdom, and from the expression in the call with the intermediary tool which is not mentioned in a matter that is very important, that the one who is closest to the presence is not intended by it in any way, and that the intention is to alert to the grandeur of these rulings, and to exert effort in understanding them and acting upon them, he therefore turned to the nation when they became aware and lent their ears. He said, expressing with the tool of verification because it is one of the greatest of its places: ﴿If you divorce﴾. And he knew from that the generality of the ruling for him ﷺ, but since a person has two states with his wives, one of them is insistence, it was more appropriate for another to be addressed in it. The second is generosity and reconciliation with patience and forgiveness, and he ﷺ was more deserving of that. Thus, the Surah of Al-Tahrim ﴿the women﴾ came to him, meaning if you intended the divorce of this type, one of them, then more ﴿then divorce them﴾, meaning if the divorcer is to divorce three times or less, and the less it is, the more beloved it is, as evidenced by what comes from the subsequent words indicating the return ﴿for their waiting period﴾, meaning at a time or when receiving the waiting period, meaning receiving a purity that is counted from it, which is the purity in which he did not have relations if she had been entered upon. That is the meaning of the reading of Ibn Abbas and Ibn Umar, may Allah be pleased with them, "before their waiting period." This is the divorce of the Sunnah and the other is the divorce of innovation, for divorce during menstruation prolongs the waiting period because it is not counted. And it must be that the purity in which he did not have relations, for if she was engaged in relations, she might become pregnant and the waiting period would be prolonged. And this 'lam' is for the time, like it in "writing this for five days remaining from such a month." And the expression was chosen with it because it understands with that that what has entered upon it is like the cause that carries upon its related matter. So it became as if it was said: Divorce for the sake of the waiting period. And if it was for its sake, it was known that the intended meaning is to ease it upon the woman according to her capacity, for the foundation of religion is based on ease. And that indicates that the waiting period is during the nights, and that divorce during menstruation is forbidden, for the command of a thing is prohibited against its opposite. And it does not indicate the non-occurrence because the prohibition does not necessitate invalidation. And all of this was clarified by the "Hadith of Ibn Umar, may Allah be pleased with them, regarding his divorce of his wife during menstruation, which was the reason for the revelation. The Prophet ﷺ became angry and commanded him to take her back, then to keep her until she becomes pure, then if he wishes, he may keep her, and if he wishes, he may divorce before he touches."
And he knew that among its waiting periods are those without the cycles which can be long or short. They are those who have not been entered upon, those who have not menstruated, the menopausal women, and the pregnant women. There is no Sunnah in their divorce nor is it an innovation. Likewise for the one who seeks to be divorced, for the Prophet, blessings and peace be upon him, permitted Thabit ibn Qais, may Allah be pleased with him, to divorce without inquiring about the condition of his wife. This is because it is usually due to a dispute and questioning from the woman. The innovative divorce occurs because the Prophet, blessings and peace be upon him, commanded Ibn Umar, may Allah be pleased with them both, to take her back. He incurs sin by it after knowledge, even if he divorced during menstruation and took her back. It is permissible for him to divorce upon the completion of the menstruation before intimacy. The command is to hold on until the completion of the purity and the menstruation that follows it, as a recommendation, so that it does not resemble the one who took her back for the purpose of divorce. There is no innovation in gathering the three divorces, for there is no indication of it in the verse nor in the hadith of Ibn Umar, may Allah be pleased with them both, which is the reason for it. Yes, it may be claimed in the verse of Al-Baqarah in His saying, "Divorce is twice" [Al-Baqarah: 229] and "Divorce is the most hated of the permissible things to Allah," as narrated by Abu Dawood and Ibn Majah from Ibn Umar, may Allah be pleased with them both. He hated it to the extent that he forbade it, and whoever swears by it or is sworn to it is a hypocrite, as in Al-Firdaws from Anas, may Allah be pleased with him.
And since the legislator's view of the waiting period is strict due to the rulings involved in being deliberate for the possibility of regret, and by presuming the purity of the womb as a precaution for the lineage, and by cutting off disputes and quarrels that lead to the loss of wealth and lives, the expression with the preposition indicates this. He made it clear with the imperative form when he said, "And count" meaning to keep a precise count, as if it is in its accuracy after counting. "The waiting period" so that you may complete it three cycles, as previously commanded, to know the time for maintenance, reconciliation, and the permissibility of marrying the sister of the divorced woman, for example, and other such noble benefits. And since divorce in any other manner is forbidden for causing harm and opposing the command, and likewise being negligent in the count until it is possible for the woman to be married before the completion, he commanded to avoid all of that by saying, "And fear" meaning in that, "Allah" meaning the greatest King who has creation and command for Himself in time and counting, for in that is what is rightfully His, "Your Lord" meaning for His kindness in your upbringing, in guiding you to the lenient monotheism and removing all burdens from you.
And when He commanded with piety and associated part of it with the attribute of benevolence, He explained it by saying: ﴿Do not expel them﴾ meaning, O men, during the waiting period ﴿from their homes﴾ meaning the dwellings in which they have resided, as if He expressed that their entitlement to the fulfillment of the waiting period by it is in greatness like the entitlement of ownership. This is because they were in a state of marital bond as if they were the owners of it. Therefore, it is not of nobility to show harshness by preventing them from it. And if they were to be consulted, they would be in possession, and the husband would not be excessive in the severance. And if that does not occur, it becomes evident that she is pregnant, and there is no doubt regarding the pregnancy.
And when that might imply that it is only for their rights, He negated it by saying: ﴿And they should not leave﴾ meaning by themselves if they desire that without anyone expelling them from the husband or otherwise. Thus, it is known from that the necessity of completing the waiting period in the place of residence and that the housing is upon the husband. And she may leave for the necessity of selling the spun thread and the date palms and similar matters. And when the explicit meaning of that is that it is not permissible for him to expel her while he is averse, nor is it permissible for her to leave by herself while he is averse. [So understand this -] that if they both agree, it would be permissible, for that is outside of the prohibited matter, and it is excluded from both sides of the prohibition [by His saying -] ﴿Except that they commit﴾ meaning the type of divorced women who are truthful with one or more ﴿an indecency﴾ meaning a sinful trait that is severely disgraceful ﴿clear﴾ meaning apparent in itself, clearly evident to anyone to whom it is intended to be shown, and that is like her being rude to the husband or his relatives, for it is like disobedience that nullifies her right to housing. Thus, he may expel her to cut off the harm, and this is the meaning of the reading of Ubayy, may Allah be pleased with him: except that they commit indecencies against you. And like adultery, she may leave by herself, and someone else may expel her from the husband or others to establish the punishment upon her and other than that from the indecencies, just as he may divorce her for disobedience, for there is no housing for her at that time.
And when the estimation was: These are the rulings of this branch, He emphasized it by saying: ﴿And those﴾ meaning the high rulings very much due to their majesty and their connection to the Most High King of that which He mentioned in this surah and others ﴿The limits of Allah﴾ meaning the Greatest King who is the light of the heavens and the earth. And when the estimation was: So whoever avoids them has certainly done justice to himself by taking the clear light, He added to it His saying: ﴿And whoever transgresses﴾ meaning it may happen at times that he deliberately intends to exceed ﴿The limits of Allah﴾ meaning the Greatest King ﴿Indeed, he has wronged himself﴾ (p-145) by walking in darkness, thus he places things in inappropriate places, and he has become exposed to destruction by punishment just as one walking in darkness is exposed to falling into a pit or stepping on a thorn or a snake or a scorpion or a wild beast, or to being isolated by a predator, or to losing the way to places of destruction from which escape is impossible. An example of this is the wise one who describes a remedy with a known law at a specific time and place, and if it is opposed, the one who opposes does not harm that wise one, but rather harms himself.
And when all of creation is under His commands, glorified is He, while all of it is good with no evil in it in terms of secrets and depths that cannot be comprehended or counted, and some of it may be manifested by the tongue of occurrence by the hand of power, and whoever transgresses it is a wrongdoer, and among the closest forms of his wrongdoing and the clearest is falling into the depths of passion. He explained it, glorified is He, by saying, clarifying His greatness with the address of elevation: ﴿You do not know﴾ meaning, O noble Prophet, what may occur from that of the matters that Allah brings about to point out in general something that He rectifies, so it is more so for others.
And when He negated from Him the knowledge of the unseen due to His exclusivity, glorified is He, and the omission of the related matter is an emphasis on generalization, and every individual in what he is informed of from the matters is between hope and fear, He expressed that with a suitable tool and said: ﴿Perhaps Allah﴾ meaning the One in whose hands are the hearts and the keys to all matters ﴿will bring about﴾ meaning He will create a new occurrence that was not a fixed creation that the creation can cause to cease, so it would be encompassing the duration of life as He indicated with the removal of the diminisher in His saying: ﴿After that﴾ meaning the occurrence of the indication of harm by expulsion or prolonging the period or otherwise ﴿A matter﴾ meaning from the important matters like excessive desire for a wife, so that cannot be achieved either by the harm of the three divorces or [by] her being from those of dignity, so the harm affected her and in those who support her, she prevented herself from him.
And Imam Abu Ja'far ibn al-Zubayr said: When His saying preceded, "O you who have believed, do not let your wealth and your children divert you from the remembrance of Allah" [Al-Munafiqun: 9] and His saying in At-Taghabun: "Indeed, among your wives and children are enemies to you, so beware of them" [At-Taghabun: 14] and His saying, glorified and exalted is He, "Indeed, your wealth and your children are a trial" [At-Taghabun: 15]. The believer may encounter what compels him to part from those who have alerted him to their trial and great tribulation. This Surah has responded, alerting on the manner of ruling in this separation, and clarifying the rulings of divorce. This enmity, even if it has become severe and the fire of this trial has ignited, if it flares up, does not necessitate complete disavowal and cutting off kindness. "You do not know; perhaps Allah will bring about after that a matter". And He, glorified is He, advised with general kindness in His saying: "Or a release in goodness" [Al-Baqarah: 229]. He clarified the details of that and what is related to it. This gentleness is required in the execution of divorce at the earliest time the divorced woman is ready in her waiting period, and you should consider it from its duration, as a warning against executing divorce during menstruation, which necessitates prolonging the waiting period and increasing its duration. And He, glorified is He, emphasized this with His saying: "And fear Allah, your Lord". Then He, glorified is He, alerted to their rights during the waiting period, which is to remain in their residence when the divorce is executed until the waiting period is completed. He said: "Do not expel them from their homes". This continues with what the Surah has established regarding the rulings related to divorce and detailing all of that. And when children show what necessitates their separation and distancing, they do not separate except to what is other than rejection and abandonment, unlike women. There is no need in their regard. Thus, He clarified the reason for the arrival of the Surah of divorce in this context - and Allah, glorified and exalted is He, knows best.
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