Commentary
Divorce means the act of divorce, just as peace means submission. That is, the legal divorce is one divorce after another, for separation without gathering and sending all at once. The two times mentioned do not refer to duality but to repetition, as in His saying: "Then return your vision twice"; meaning one glance after another, not two glances. Similarly, the repetition intended in phrases like: "Here I am, and I am at your service, and I am devoted to you, and I am with you". And His saying, 'So either retain them with kindness or release them with good treatment,' is a choice for them after He taught them how to divorce. They can either retain the women with good companionship and fulfill their duties, or release them in a good manner that He taught them. It is said that its meaning is a revocable divorce twice, for there is no return after three. So, retaining with kindness means with a return, or releasing with good means not to take her back until she has completed her waiting period, or not to take her back with the intention of prolonging the waiting period and causing her harm. It is also said that he should divorce her the third time during the third period of purity. It has been narrated that a questioner asked the Messenger of Allah, blessings and peace be upon him:
Where is the third? He, blessings and peace be upon him, said: "Or a release with good treatment." [[Narrated by al-Daraqutni from the narration of Abd al-Wahid ibn Ziyad from Ismail ibn Sami' from Anas. He said in al-'Ilal: Lyth ibn Hamad made a mistake in this narration from Abd al-Wahid. The preserved narration from Ismail ibn Sami' is from Abu Ruzain as a disconnected narration. It has also been narrated by Ibn Abi Shaybah from Abu Muawiyah and Abd al-Razzaq from al-Thawri, both from Ismail ibn Sami'. Al-Daraqutni also narrated it from the narration of Hamad ibn Salamah from Qatadah from Anas who said a man said to the Messenger of Allah, blessings and peace be upon him, "I hear Allah saying: 'Divorce is twice, so where is the third?' He said: 'To hold on to her in a good manner or to release her with good treatment, that is the third.' "]] And according to Abu Hanifah and his companions: Combining the two and three divorces is an innovation, and the Sunnah is that only one divorce should be pronounced during a period of purity in which he has not had sexual relations with her, as has been narrated in the hadith of Ibn Umar that the Messenger of Allah, blessings and peace be upon him, said to him: "The Sunnah is to await the period of purity and then divorce her for each period of purity a single divorce." [[Narrated by al-Daraqutni and al-Tabarani from the narration of Shu'ayb ibn Ruzain that Ata al-Khurasani narrated to them from al-Hasan who said: Abd al-Aziz ibn Umayr narrated to us "that he divorced his wife while she was menstruating, then he wanted to follow it with two more divorces at the two periods of purity, and this reached the Messenger of Allah, blessings and peace be upon him. He said: 'O Ibn Umayr, this is not how Allah commanded you. You have made a mistake in the Sunnah, and the Sunnah is to await the period of purity and then divorce for each period: so he commanded me to take her back. He said: 'When she becomes pure, then divorce her at that time or hold on to her.' - the hadith. "]] And according to al-Shafi'i, there is no harm in pronouncing all three at once, due to the hadith of al-'Ajlani who divorced his wife three times in front of the Messenger of Allah, blessings and peace be upon him, and he did not disapprove of it. [[Agreed upon from the hadith of Sahl ibn Sa'd, but it has been said that his statement "he divorced her three times before the Prophet, blessings and peace be upon him, commanded him to divorce her" is from the words of al-Zuhri narrated from Sahl (note) Abd al-Haqq said in al-Ahkam: The wording of three has not been authentically reported except in the hadith of the one who is accused of adultery. And it was countered by what is in Muslim from Fatimah bint Qais who said: "My husband divorced me three times and I argued with him... the hadith. "]] It has been narrated that Jamila bint Abdullah ibn Abi was married to Thabit ibn Qais ibn Shamas and she hated him while he loved her. She came to the Messenger of Allah, blessings and peace be upon him, and said: "O Messenger of Allah, neither I nor Thabit can have anything together, and by Allah, I do not blame him for his religion or character, but I hate disbelief in Islam, I cannot endure it due to my hatred. I lifted the side of the tent and saw him approaching in his waiting period, and he was the darkest of them in color, the shortest of them in stature, and the ugliest of them in face." She was released, and he had given her a garden as a dowry, and she redeemed herself from him with it, and this was the first khula' in Islam. [[Narrated by al-Tabari in his Tafsir: Muhammad ibn Abdul-A'la narrated to us, and we heard from Mu'tamir ibn Sulayman who said: I read to Fudayl from Abu Jareer that he asked Ikrimah: "Was there a basis for khula'? He said: Ibn Abbas used to say: The first khula' in Islam was with the sister of Abdullah ibn Ubayy ibn Salul, who came to the Messenger of Allah, blessings and peace be upon him, and mentioned it "and did not name her" and al-Bukhari named her from the narration of Hamad ibn Zayd from Ayoub from Ikrimah "that Jamila - and he mentioned it." And Ibn Majah narrated from another narration from Ikrimah from Ibn Abbas "that Jamila bint Salul" and likewise, Abd al-Razzaq narrated from another source "that a woman came to the Prophet, blessings and peace be upon him, and she was Jamila bint Abdullah ibn Abi." And according to al-Daraqutni from the path of Ibn Jurayj, Abu al-Zubayr informed us "that Thabit ibn Qais was married to Zainab bint Abdullah ibn Ubayy. He had given her a garden as a dowry, and she hated him - to the end of it." If it is preserved, it is possible that she had two names.
The story has been narrated for others. In al-Muwatta from Yahya ibn Sa'id from Amr from Habibah bint Sahl "that she was married to Thabit ibn Qais ibn Shamas, and that the Messenger of Allah, blessings and peace be upon him, went out for the morning prayer and found her at his door in the darkness. He said: 'Who is this?'
She said: I am Habibah bint Sahl. He said: What is your concern? She said: Neither I nor Thabit ibn Qays. And through him, Abu Dawood, An-Nasa'i, and Ahmad narrated it. And Ibn Majah narrated from the narration of Amr ibn Shu'aib from his father from his grandfather who said: "Habibah bint Sahl was married to Thabit ibn Qays ibn Shamas, and he was an unattractive man. She said: O Messenger of Allah, if it were not for the fear of Allah, I would have spat in his face." He said: "Will you return his garden to him?" She said: "Yes." So she returned his garden to him, and they were separated. And Ahmad narrated from the hadith of Sahl ibn Abi Hathmah who said: "The daughter of Sahl - the hadith." If you say: To whom is the address in the saying وَلا يَحِلُّ لَكُمْ أَنْ تَأْخُذُوا? If you say to the husbands, it does not match his saying: (فَإِنْ خِفْتُمْ أَلَّا يُقِيما حُدُودَ اللَّهِ). And if you say to the leaders and rulers, then these are not taking from them nor giving to them? I say: Both possibilities are valid: that the first address is to the husbands, and the last is to the leaders and rulers. Such a thing is not uncommon in the Qur'an and others. And the entire address could be to the leaders and rulers, for they are the ones who command taking and giving when referred to them. It is as if they are the ones taking and giving from what you have given them of the gifts, except that they fear that they will not establish the limits of Allah. Except that the spouses fear neglecting to establish the limits of Allah regarding what is obligatory upon them from the duties of marriage, due to what may occur from the wife's disobedience and bad character. There is no sin upon them, so there is no sin upon the man regarding what he has taken, nor upon her regarding what she has given in what she has redeemed herself with, in what she has given up from what she was given of the dowry. And the khula' with an increase over the dowry is disliked but permissible in ruling. It has been narrated that a woman was disobedient to her husband, and she was raised to Umar, may Allah be pleased with him, and he kept her in a dung house for three nights, then he called her and said: How did you find your stay? She said: I have not spent a night since I was with him more pleasing to my eyes than them. He said to her husband: Divorce her, even if it is for her earring. [It was narrated by Abdul Razzaq, Ibn Abi Shaybah, Al-Tabari, and Ibrahim Al-Harbi in the end of his book Al-Gharib, all from the narration of Ayoub from Katheer, the freedman of Samurah, that Umar was brought a disobedient woman and he mentioned it.] Qatadah said: He means with all her wealth, this if the disobedience is from her. If it is from him, it is disliked for him to take anything from her. And it was read except that they fear, in the passive construction and substituting that they do not establish from the pronoun's ألف, and it is from the substitution of inclusion, as in your saying: Zaid's fear of his leaving the establishment of the limits of Allah. And similar to it (وَأَسَرُّوا النَّجْوَى الَّذِينَ ظَلَمُوا) supports it, and Abdullah's reading (except that you fear) and in the reading of Ubayy: except that they think. And it is permissible that fear means suspicion. They say: I fear that it is so, and I am afraid that it is, meaning I think. If he divorces her the mentioned divorce described by repetition in the saying of Allah: (الطَّلاقُ مَرَّتانِ) and fulfills its conditions. Or if he divorces her a third time after the two times, then she is not lawful for him thereafter until she marries another husband. Until she marries another, and marriage is attributed to the woman as it is attributed to the man, just as marrying. And it is said: So-and-so is married in the tribe of so-and-so. And those who limited themselves to the contract for the permissibility relied on its apparent meaning, and this is Said ibn al-Musayyib. And what the majority holds is that there must be consummation, as it was narrated by Urwah from Aisha, may Allah be pleased with her, that a woman came to the Prophet, blessings and peace be upon him, and said: Indeed, Rifa'ah divorced me, and I spent my waiting period after my divorce, and Abdul Rahman ibn Al-Zubair married me, but he has with him like the edge of a garment, and he divorced me before he had relations with me. The Messenger of Allah, blessings and peace be upon him, said: Do you want to return to Rifa'ah? No, until you taste his sweetness and he tastes yours.
You lied in your first saying, so I will not believe you in the latter. So she remained until the Messenger of Allah, blessings and peace be upon him, passed away. [Abd al-Razzaq said: Ibn Jurayj informed us from Ibn Shihab from Urwah from Aisha - and he mentioned the hadith. In it, she said, "I sat as long as Allah willed. Then I came to him and informed him that he had touched her, so he forbade her to return to her first husband, and he said: O Allah, if it is a sin for her to be lawful to Rifa'ah, then let her not have another marriage." Then she came to Abu Bakr and Umar during their caliphates, and they forbade her.] So she came to Abu Bakr, may Allah be pleased with him, and said: Should I return to my first husband? He said: You have heard the Messenger of Allah, blessings and peace be upon him, when he said to you what he said, so do not return to him. When Abu Bakr, may Allah be pleased with him, passed away, she said the same to Umar, may Allah be pleased with him, and he said: If you come to me after this time, I will stone you, so he forbade her. If you say: What do you say about a marriage contracted with the condition of making it lawful? I say: Sufyan, al-Awza'i, Abu Ubaid, Malik, and others have said it is not permissible, while it is permissible according to Abu Hanifa with dislike. And it is said that if they intended the making lawful without stating it, there is no dislike. And from the Prophet, blessings and peace be upon him: He cursed the one who makes it lawful and the one for whom it is made lawful. [It is narrated from Ibn Mas'ud, Ali, Jabir, 'Uqbah ibn 'Amir, and Abu Huraira. I say: He referred to the narration of al-Hidayah and the hadith of Ibn Mas'ud, which was narrated by al-Tirmidhi and al-Nasa'i, and was authenticated by Ibn Daqiq al-'Id on the condition of al-Bukhari. The hadith of Ibn Abbas was narrated by Ibn Majah. The hadith of Ali was narrated by Ahmad and Abu Dawood. The hadith of Abu Huraira was narrated by Ahmad and al-Bayhaqi, and the hadith of 'Uqbah ibn 'Amir was narrated by Ibn Majah. The hadith of Jabir was mentioned by al-Tirmidhi.] And from Umar, may Allah be pleased with him: I will not allow a person who makes it lawful or the one for whom it is made lawful except that I will stone them. [It was narrated by Abd al-Razzaq and Ibn Abi Shaybah, from the narration of al-Musayyib ibn Rafi' from Qabisa ibn Jabir from Umar, and he mentioned it.] And from Uthman, may Allah be pleased with him: Except for a marriage of desire, not a hidden one. [I did not find this from Uthman, but I found it from Ibn Umar. It was narrated by al-Hakim from the narration of Umar ibn Nafi' from his father, who said: "A man came to Ibn Umar and asked him about a man who divorced his wife three times, and his brother married her without any conspiracy on his part to make her lawful for his brother. Does she become lawful for the first? He said: No, except for a marriage of desire. We used to consider this fornication during the time of the Messenger of Allah, blessings and peace be upon him." It has also been narrated in a raised form, narrated by al-Tabarani from the hadith of Ibn Abbas, may Allah be pleased with her: "The Messenger of Allah, blessings and peace be upon him, was asked about the one who makes it lawful. He said: No, except for a marriage of desire, not a hidden one, and not one who mocks the Book of Allah, the Exalted, who has not tasted the sweetness of faith." In its chain is Ibrahim ibn Ismail ibn Abi Habibah, who is weak.] If the second husband divorces her, they may return to each other through marriage if they think that they will fulfill the rights of marriage. He did not say: If they know that they will fulfill them, because certainty is hidden from them and only Allah, the Exalted, knows it. Whoever interprets the thought here as knowledge has erred in terms of wording and meaning, because you do not say: I knew that Zaid will stand, but: I knew that he stands, and because a person does not know what is in tomorrow, but rather he only thinks it.
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