Commentary
His saying, exalted and majestic is He:
﴿And those who are taken in death among you and leave wives behind, they should wait four months and ten days﴾
Some of the grammarians of Kufa said: The news about "those" is left out, and the intention is to inform about their wives that they are to wait. The position of the grammarians of Basra is that the news of "those" is implied in meaning, which means that the speech is to be understood as: (Their wives are to wait). If you wish, you can understand it as: (And the wives of those who are taken in death among you are to wait). Thus, the expression is extremely concise, and its grammatical analysis is dependent on this established meaning.
Al-Mahdawi narrated from Sibawayh that the meaning is: "And in what is recited to you, those who are taken in death". I do not know this which he narrated, because that would only apply if there were a verbal command in the speech. Like his saying: ﴿And the male thief and the female thief, cut off their hands﴾ [Al-Ma'idah: 38]. This verse contains the meaning of a command, not its wording. Therefore, this understanding requires another interpretation that is unnecessary if the wording of the command is present. The beauty of the coming verse is that it is a prelude to his saying: ﴿There is no sin upon you﴾, as the intention of the address from the beginning of the verse to its end is the men, among whom are the rulers and overseers. The expression of Al-Mubarrid and Al-Akhfash is as we have mentioned.
This verse is about the waiting period of the woman whose husband has died. Its apparent meaning is general, and its meaning is specific to free women who are not pregnant, and the verse does not address what is exceptional or similar to it.
Al-Mahdawi narrated from some scholars that the verse included pregnant women, then that was abrogated by his saying ﴿And those who are pregnant﴾ [At-Talaq: 4]. The waiting period of the pregnant woman is the delivery of her pregnancy according to the majority of scholars. It has been narrated from Ali ibn Abi Talib, Ibn Abbas, and others that the completion of her waiting period is at the end of the two terms.
And the waiting is to be patient and to take time with the person in a place or condition. And He, exalted and majestic is He, clarified that by saying: "with themselves". The hadiths from the Prophet ﷺ are numerous that the waiting in mourning is to refrain from adornment and wearing beautiful dye, and perfume and similar things, and to remain in her residence where she was at the time of her husband's death. This is the view of the majority of scholars, and it is the view of Malik and his companions.
Ibn Abbas and Abu Hanifah - as it has been narrated from him - and others said: The residence is not a condition; she can stay wherever she wishes.
And Al-Hasan ibn Abi Al-Hasan said: Mourning is nothing; rather, she waits from marriage, and she is allowed to adorn herself and use perfume.
The judge Abu Muhammad, may Allah have mercy on him, said: This is weak. And the majority of people read: "are taken in death" with a dammah on the ya. And Ali ibn Abi Talib, may Allah be pleased with him, read: "are taken in death" with a fathah on the ya, and likewise Al-Mufaddal narrated from Asim, and its meaning is that they complete their terms.
And Allah made the four months and ten days an act of worship in the waiting period, in which there is a purification for the pregnancy, as in it the forty days are completed, and the forty days, and the forty days, according to the hadith narrated by Ibn Mas'ud and others, then the soul is blown into it.
And Allah, the Most High, made the ten as a completion, as it is a place of possibility for the movement of the fetus. This is due to the shortening of the months or their completion, and to the speed of the fetus's movement or its slowness. This was said by Sa'id ibn al-Musayyib, Abu al-Aliya, and others.
And He, the Most High, said: "ten" and did not say "tenfold" to give precedence to the ruling of the nights, as the night comes before the day, and the days are included in it. And "ten" is lighter in wording. The majority of the people of knowledge said: And the tenth day is included in that, as the days are counted with the nights. And Munthir ibn Sa'id narrated, and it was also reported from al-Awza'i that the tenth day is not included in the count, but it has ended with the completion of ten nights. Al-Mahdawi said: And it was said: The meaning is: and ten periods, each period consisting of a day and a night.
It was narrated from Ibn Abbas that he read: "four months and ten nights."
His saying, glorified and exalted is He:
﴿So when they have reached their term, there is no blame upon you for what they do in themselves in a reasonable manner. And Allah is All-Aware of what you do﴾.
He, the Most High, added the term to them, as it is a limited period set for them.
And the address with His saying: ﴿there is no blame upon you﴾ is general for all people. And the application of this ruling is for the rulers and the guardians closely related, and the women in their waiting period.
And His saying, glorified and exalted is He: ﴿for what they do﴾ means marriage and what is less than that, such as beautification and the removal of mourning. Mujahid, Ibn Shihab, and others said: He meant - by what they do - marriage to those whom they love, if it is reasonable and not objectionable. And the forms of objection in this are many.
And some of the interpreters said: "in a reasonable manner" means with witnesses.
And His saying, glorified and exalted is He: ﴿And Allah is All-Aware of what you do﴾ is a warning that includes caution, and "All-Aware" is a name of the doer from khabara if he has sought knowledge of a thing.
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