His saying, exalted and majestic is He:

﴿And there is no blame upon you for that which you disclose of engagement to women or conceal within yourselves. Allah knows that you will remember them, but do not promise them secretly except for saying a known statement. And do not intend with the contract of marriage until the term is reached. And know that Allah knows what is within yourselves, so beware of Him. And know that Allah is Forgiving and Forbearing.﴾

The address in this verse is to all people, and the one who directly applies its ruling is the man who intends in himself to marry a woman in her waiting period.

And the allusion (ta'arid) is the speech in which there is no explicit statement, as if he alludes to the thought of the speaker in it. The community has agreed that speaking with the woman in her waiting period in a way that is explicit in her marriage is not permissible, and likewise, they have agreed that speaking with her in a way that is indecent, mentioning intimacy, or inciting it is not permissible. What is other than that is permitted.

Among the greatest approaches to explicitness is the saying of the Prophet, blessings and peace be upon him, to Fatimah bint Qais: "Stay with Umm Sharik, and do not precede me with yourself." And among the permissible is the man's saying: "You are to good, and you are desired, and I hope to marry you, and if something is decreed, it will happen." This is the representation of Malik, Ibn Shuhab, and many of the people of knowledge in this.

And it is permissible for him to praise himself and mention his virtues in a manner that alludes to marriage, and Abu Ja'far Muhammad ibn Ali ibn Husayn did this, and he argued that the Prophet, blessings and peace be upon him, did it with Umm Salamah.

Gifts to the woman in her waiting period are permissible, and this is from the allusion, as stated by Sahnun and many of the scholars. Mujahid disliked saying: "Do not precede me with yourself" and considered it from secret promises.

And this, in my view, is to interpret the saying of the Prophet, blessings and peace be upon him, to Fatimah bint Qais, that it is in regard to her opinion about whom she should marry, not that he intended her for himself, otherwise it contradicts his saying, blessings and peace be upon him.

Engagement (khitbah) - with a broken 'kha' - is the act of the suitor from speech, intention, and affection through action or words. It is said: he engaged her, he engages her, engagement (khatbah) and a suitor (khattab) is one who frequently acts in engagement. Among them is the saying of the poet:

؎ The suitor of the eyes has departed, saying I am a suitor, and he has lied.

؎ And only a suitor is he who has milked.

Engagement is an act like sitting and resting. The engagement (khutbah) - with a raised 'kha' - is the speech that is said in marriage and otherwise. And "you concealed" (aknantum) means: you covered and hid. The Arabs say: I concealed the thing from the masses, if I hid it in a house, or garment, or land, and I concealed the matter in myself. And it has not been heard from the Arabs that I concealed it in myself, and they say: the house concealed the person, and the like.

So Allah lifted the blame from whoever intends to marry the woman in her waiting period with allusion and concealment, and He prohibited the promise which is an explicit statement of marriage and a commitment to it, and an agreement on a promise. He permitted - due to His knowledge, exalted is He - the predominance of souls and their desires and the weakness of humans regarding their control.

And His saying, exalted is He: "You will remember them". Al-Hasan said: You will propose to them, as if he said: If you are not forbidden. And others besides Al-Hasan said: Its meaning is that Allah knew that you will remember the women who are in their waiting period in your souls and with your tongues for those who are light in your eyes. So He forbade that a promise be made to them, due to the violation of the sanctity of the waiting period involved in that.

And His saying, exalted is He: "But do not make promises to them secretly". Ibn Abbas, Ibn Jubair, Malik and his companions, Al-Sha'bi, Mujahid, Ikrimah, Al-Suddi, and the majority of the scholars went to the meaning: Do not agree with them on promises and commitments and taking oaths in secrecy from you and in hiding. So "secretly" - according to this interpretation - is an adverbial phrase, meaning being secretive. And Jabir ibn Zayd, Abu Mijlaz, Lahiq ibn Humayd, Al-Hasan ibn Abi Al-Hasan, Al-Dahhak, and Ibrahim Al-Nakha'i said: The secret in this verse is fornication: meaning do not make promises to them for fornication.

The judge Abu Muhammad, may Allah have mercy on him, said: Thus came the expression of these in the interpretation of the secret, and in that there is a consideration from me. This is because the secret in the language refers to sexual intercourse, whether it is lawful or unlawful. However, the meaning of the speech and its context return to one of the two aspects. Among the evidences is the saying of Al-Hutay'ah:

"And the secret of their neighbor is forbidden to them, and their neighbor eats the nose of the dishes."

The context of this verse indicates that the secret intended by it is unlawful sexual intercourse. Otherwise, if the neighbor's wife were to marry as is proper, there would be no shame in that. Among the evidences is the saying of another:

"I think the secret of women is forbidden to me, and the testimony of the remorseful with wine."

"If I do not wake up flattering and with her group, and her wailing one day with the virgin's cries."

The context of this poetry indicates that he intended the prohibition of sexual intercourse with women in general, in both lawful and unlawful contexts, until he avenges himself.

And the verse indicates the prohibition for a man to promise a woman in her waiting period that he will have intercourse with her after the waiting period in the context of marriage. As for the promise regarding fornication, it is prohibited for a Muslim with a woman in her waiting period and otherwise.

And Makki reported from Ibn Jubair that he said: "Secretly" means in marriage, and this is a clarifying expression. And Ibn Zayd said: The meaning of His saying: "But do not make promises to them secretly" is: Do not marry them secretly and conceal that. Then when she becomes lawful, you reveal it and enter upon them.

The judge Abu Muhammad, may Allah have mercy on him, said: So Ibn Zayd in the meaning of the secret aligns with the first saying, meaning secretly. And he was peculiar in naming the contract a promise, and that is a concern, because the contract, whenever it occurs - even if concealed - is in the intention of the contract. And Makki narrated from him that he said: The verse is abrogated by His saying: "And do not determine to make the contract of marriage."

The community has unanimously agreed on the dislike of engagement during the waiting period for a woman regarding herself, for a father regarding his virgin daughter, and for a master regarding his slave woman. Ibn al-Mawaz said: "As for the guardian who does not have the power to compel, I dislike him, and if he descends, I will not annul it." Malik - may Allah have mercy on him - said regarding one who engages during the waiting period and then marries afterward: "Separation from her is more beloved to me, whether he has consummated the marriage with her or not, and it will be one divorce. When her waiting period is over, he may propose to her with the suitors." This is the narration of Ibn Wahb. Ashhab narrated from Malik that he distinguishes between them positively. Ibn al-Qasim also said this, and Ibn Harith narrated something similar from Ibn al-Majishun, adding that the prohibition becomes permanent.

And His saying, the Exalted: ﴿Except that you say a known saying﴾ is an absolute exception. The known saying is what is permitted from allusion. Al-Dahhak mentioned that among the known sayings is for a man to say to the woman in waiting: "Keep yourself for me, for I have a desire for you," and she would say: "And I feel the same way."

Qadi Abu Muhammad - may Allah have mercy on him - said: "And this is for me an engagement, and the allusion is the saying of the man: 'You are indeed noble and worthy,' and whatever is destined has occurred, and you are indeed admirable, and similar to this."

His saying, the Exalted:

﴿And do not finalize the marriage contract until the prescribed period reaches its term. And know that Allah knows what is in yourselves, so beware of Him. And know that Allah is Forgiving and Forbearing﴾.

The finalization of the contract is the contracting with witnesses and a guardian, and at that point, it is called a "contract."

And His saying, the Exalted: ﴿Until the prescribed period reaches its term﴾ refers to the completion of the waiting period, and "the prescribed period" here is the limit that has been set, and the duration that has been determined. It is called a book because it has been determined and mandated by the Book of Allah, the Exalted, as He said: ﴿The Book of Allah is upon you﴾ [An-Nisa: 24] and as He said: ﴿Indeed, prayer was prescribed upon the believers at specified times﴾ [An-Nisa: 103]. There is no need for me in the speech to omit a genitive, and Abu Ishaq has estimated in this that a genitive is omitted, meaning "the obligation of the book," and this is on the assumption that he made the book the Qur'an.

The scholars have differed if someone contradicts this prohibition and finalizes the contract before the term is reached.

Qadi Abu Muhammad - may Allah have mercy on him - said: "And I will elaborate on the issue if Allah, the Exalted, wills."

As for if he contracts during the waiting period and the judge annuls his marriage, and that is before consummation, then the saying of Umar ibn al-Khattab and a group of scholars is that this does not establish a permanent prohibition. Malik and Ibn al-Qasim said this in the "Mudawwana" at the end of the chapter that follows the determination of the term for the missing woman. And all have said: He will be a suitor among the suitors.

And Ibn al-Jallab narrated - from Malik - a narration that the prohibition becomes permanent in the contract during the waiting period, even if it is annulled before consummation.

As for if he marries during the waiting period and enters after its completion, a group from the people of knowledge said: That is like entering during the waiting period, and the prohibition between them becomes permanent. Another group from the people of knowledge said: There is no permanent prohibition by that. Malik said once that the prohibition becomes permanent, and he said another time: What is the prohibition by that is not clear, and the two opinions are in the 'Muwatta' regarding the divorce of the Sunnah.

As for if he enters during the waiting period, the saying of Umar ibn al-Khattab, Malik, and a group from his companions, al-Awza'i, al-Layth, and others from the people of knowledge is: The prohibition becomes permanent. And the saying of Ali ibn Abi Talib, may Allah be pleased with him, Ibn Mas'ud, Ibrahim, Abu Hanifah, al-Shafi'i, and a group of scholars, and Abdul Aziz ibn Abi Salamah is: The prohibition does not become permanent - even if he has relations during the waiting period - rather it is annulled between them, then she must observe her waiting period from him, then he may propose to her from the suitors.

Abu Hanifah and al-Shafi'i said: She must observe her waiting period from the first, and when the waiting period is completed, there is no harm for the other to marry her. Ibn al-Jallab narrated a report in the school that the prohibition does not become permanent with entering during the waiting period, which he mentioned regarding the one who is bold in the prohibition because he is an adulterer, and as for the ignorant, I do not know of any disagreement in this matter in the school.

Abu Ali al-Husayn ibn Muhammad al-Ghassani informed me by transmission, he said: Abu Umar ibn Abd al-Barr narrated to us, (p-587) Abdul Warith ibn Sufyan narrated to us, Qasim ibn Asbagh narrated to us, from Muhammad ibn Ismail, from Naim ibn Hamad, from Ibn al-Mubarak, from Ash'ath, from al-Shabi, from (p-588) Masruq, who said: Umar ibn al-Khattab was informed that a woman from Quraysh was married by a man from Thaqif during her waiting period, so he sent to them and separated between them, and punished them, and said: You will never marry her, and he placed her dowry in the public treasury, and this became known among the people, and it reached Ali who said: May Allah have mercy on the Commander of the Believers, what is the matter with the dowry and the public treasury? They were ignorant, and it is appropriate for the Imam to return them to the Sunnah. It was said: What do you say about her? He said: She has the dowry for what he has made lawful of her private parts, and they are to be separated, and there is no punishment upon them, and she completes her waiting period from the first, then she observes a complete waiting period from the second of three menstrual cycles, then he may propose to her if he wishes. When this reached Umar ibn al-Khattab, he addressed the people and said: O people, return ignorance to the Sunnah.

This is the saying of al-Shafi'i, and al-Layth regarding the waiting period from two.

Malik, and the people of opinion, al-Awza'i, and al-Thawri said: One waiting period suffices for both of them, whether it is due to pregnancy, or menstruation, or months.

And the people of Madinah narrated from Malik, similar to the saying of Ali ibn Abi Talib, and Ash-Shafi'i regarding the completion of the two waiting periods. Malik, may Allah have mercy on him, had differing opinions about one who enters into the waiting period, knowing the prohibition and being audacious. At one time he said: The knowledgeable and the ignorant in it are the same; there is no punishment upon him, the dowry is obligatory for him, the child is attributed to him, and they will be punished but will never marry each other. At another time he said: The one who knows the prohibition is like the fornicator; he will be punished and the child will not be attributed to him, and he may marry her after the waiting period. The first saying is more well-known from Malik, may Allah have mercy on him.

And His saying, the Most High: "And know..." to the end of the verse. This is a warning against falling into what He has prohibited, and a reminder of His forgiveness and forbearance in these rulings that He has clarified and expanded upon regarding the permissibility of hinting and similar matters.