'In the name of Allah, the Most Gracious, the Most Merciful' Allah, the Exalted, said: "There is no blame upon you if you divorce women as long as you have not touched them or specified for them a duty. And provide for them a good provision, according to the capability of the one who has abundance and according to the capability of the one who is restricted, a provision that is fair. This is a duty upon the doers of good." This is the beginning of a statement lifting the blame from the one who divorces before the marriage and the consummation, whether he has specified a dowry or not. When the Messenger of Allah, blessings and peace be upon him, prohibited marriage for the sake of mere enjoyment and fulfilling desire, and commanded marriage for the purpose of seeking protection and the reward of Allah, and the intention of lasting companionship, it occurred to the believers that whoever divorces before the marriage has engaged in part of this disliked act. Thus, the verse was revealed lifting the blame in that case if the original intention of the marriage was for a good purpose. Some people said: "There is no blame upon you" means: there is no requirement for the entire dowry, but upon you is half of what is specified for her, and the provision for the one for whom no dowry has been specified. Others said: "There is no blame upon you" means: in sending the divorce during her menstrual period, unlike the one who has been entered upon. Al-Makki said: the meaning of "There is no blame upon you" in divorce before the marriage, because blame may fall upon the one who divorces after intending mere enjoyment, and that is safe before the touching. The address in the verse is for all people. Abu Amr, Ibn Kathir, Nafi', Asim, and Ibn Amer read: "tamassuhunna" without an alif. Al-Kisai and Hamzah read: "tumasuhunna" with an alif and a dammah on the ta. This last reading implies touching between the two spouses, while the first reading necessitates that by the meaning understood from touching. Abu Ali preferred the first reading because verbs of this meaning have come in a trilateral form on this pattern: nakaha, safada, qara'a, dhaqata, and daraba al-fahl. Both readings are good. "Tafridhu" is an addition to "tamassuhunna" and specifying the dowry is its establishment and determination. This verse permits the contract of delegation, as it is a marriage established in the verse, clarifying the ruling of divorce in it, as Malik said in the 'Mudawwana'. The 'fardh' is the dowry. His saying, the Exalted, "And provide for them" means: give them something that will be a provision for them. Ibn Umar, Ali ibn Abi Talib, Al-Hasan ibn Abi Al-Hasan, Sa'id ibn Jubair, Abu Qilabah, Al-Zuhri, Qatadah, and Al-Dahhak ibn Muzahim held it to be obligatory. Abu Ubaid, Malik ibn Anas, and his companions, Shuraih, and others held it to be recommended. Then they differed regarding the pronoun connected to "muti'u" referring to whom among the women? Ibn Abbas, Ibn Umar, Ata, Jabir ibn Zayd, Al-Hasan, Al-Shafi'i, Ahmad, Ishaq, and the people of opinion said: the provision is obligatory for the divorced woman before the marriage and specification, and recommended in other cases. Malik and his companions said: the provision is recommended for every divorced woman even if he has entered upon her, except for the one whom he has not entered upon and has specified for her, for she has what has been specified for her, and there is no provision for her. Abu Thawr said: she has the provision and for every divorced woman.

The people of knowledge have unanimously agreed that the one for whom no obligation has been established and with whom no consummation has occurred has no entitlement other than [UNTRANSLATED-LATIN: al-mut'ah]. Al-Zuhri said: The judge should grant her [UNTRANSLATED-LATIN: al-mut'ah]. The majority of people said: He should not grant her [UNTRANSLATED-LATIN: al-mut'ah], as stated by Shuraih. It is said to the husband: If you are among the pious and the good-doers, then grant [UNTRANSLATED-LATIN: al-mut'ah], and he does not rule against him.

Judge Abu Muhammad, may Allah have mercy on him, said: This is with the general application of the term obligation according to some of them. As for the connection to the Maliki school, Ibn Sha'ban said: [UNTRANSLATED-LATIN: al-mut'ah] is equivalent to the distress of divorce. Therefore, there is no [UNTRANSLATED-LATIN: al-mut'ah] for the one who is divorced, the one who contests, or the one who is cursed. Al-Tirmidhi, 'Ata, and al-Nakha'i said: The one who is divorced has [UNTRANSLATED-LATIN: al-mut'ah]. The scholars of opinion said: The one who is cursed has [UNTRANSLATED-LATIN: al-mut'ah].

Ibn al-Qasim said: There is no [UNTRANSLATED-LATIN: al-mut'ah] in a marriage that is annulled.

Ibn al-Mawaz said: Nor in that which is subject to annulment after the validity of the contract, such as the ownership of one of the spouses over the other.

Ibn Wahb narrated from Malik that the one who is given the choice has [UNTRANSLATED-LATIN: al-mut'ah], unlike the female slave who is freed under the male slave, for she has no [UNTRANSLATED-LATIN: al-mut'ah]. As for the free woman, she is given the choice or is owned, or he marries a slave woman over her, and she chooses for herself in all of that, so she has [UNTRANSLATED-LATIN: al-mut'ah], because the husband is the cause of the separation, and it is upon her to be cautious in not choosing for herself.

People have differed regarding the amount of [UNTRANSLATED-LATIN: al-mut'ah]. Ibn Umar said: The least that suffices in [UNTRANSLATED-LATIN: al-mut'ah] is thirty dirhams or something similar. It has been narrated that Ibn Muhayriz would rule for the one in charge of the treasury with three [UNTRANSLATED-LATIN: dinars]. Ibn Abbas said: The highest [UNTRANSLATED-LATIN: al-mut'ah] is a servant, then clothing, then maintenance. 'Ata said: The middle of that is a shield, a headscarf, and a cloak. Al-Hasan said: Each one is granted according to his means; this one with a servant, and this one with garments. This one with a garment, and this one with maintenance. Malik ibn Anas says likewise. Al-Hasan ibn Ali granted [UNTRANSLATED-LATIN: al-mut'ah] of twenty thousand and a street of honey, and Shuraih granted [UNTRANSLATED-LATIN: al-mut'ah] of five hundred dirhams. The mother of Humayd ibn Abdur-Rahman ibn Awf said: I seem to see a black servant that Abdur-Rahman ibn Awf granted to his wife, the mother of Abu Salamah. The scholars of opinion and others said: The [UNTRANSLATED-LATIN: al-mut'ah] for one who is divorced before consummation and obligation is half the dowry of one like her, and nothing else.

And His saying, exalted is He: ﴿Upon the one who has abundance is his capacity, and upon the one who is restricted is his capacity﴾ is evidence for rejecting specification. The majority read: "Upon the one who has abundance" with the waw being silent and the seen being broken, meaning the one whose situation has expanded. Abu Haywah read: "the one who has expanded" with the waw being opened and the seen being doubled and opened. Ibn Kathir, Nafi', Abu Amr, and Asim in the narration of Abu Bakr read "his capacity" with the dal being silent in both instances. Ibn Amir, Hamzah, Al-Kisai, and Asim - in the narration of Hafs - read "his capacity" with the dal being opened in both. Abu al-Hasan al-Akhfash and others said: They are of the same meaning, two eloquent dialects. Likewise, Abu Zayd narrated: You say: Take the capacity of such and such, meaning the same, and it is read in the Book of Allah: ﴿And the valleys flowed according to their capacity﴾ [Ar-Ra'd: 17]. And He said: ﴿And they did not appraise Allah with true appraisal﴾ [Al-An'am: 91], and if the dal were to be moved, it would be permissible.

And "the one who is restricted": the one who has little wealth.

And "a provision" is in the accusative as a source.

And His saying, exalted is He: "in a good manner" means there is no burden in it and no difficulty upon either side. It is an affirmation of the meaning of His saying: ﴿Upon the one who has abundance is his capacity, and upon the one who is restricted is his capacity﴾.

Then He affirmed the recommendation with His saying: ﴿Certainly upon the doers of good﴾, meaning in this situation of enjoyment, they are doers of good, and whoever said that enjoyment is obligatory. He said: This is an affirmation of obligation, meaning upon the doers of good in faith and Islam. So no one should say: I am not a doer of good according to this interpretation, and "certainly" is an attribute of His saying: "a provision" or it is in the accusative as a source, and that is more inclusive in affirming the matter.