Commentary
They used to put women to trials with various calamities and wrong them in different ways, so they were prohibited from that. When a man had a close relative die, such as a father, brother, or close friend, regarding a woman, he would throw his garment over her and say, 'I have more right to her than anyone else.' It was said that it is not permissible for you to inherit women against their will, meaning to take them as inheritance just as inheritances are taken, while they are unwilling to do so, or they are coerced. It was said that he would keep her until she died, so it was said: 'It is not permissible for you to keep them until you inherit from them while they are not pleased with your keeping them.' When a man married a woman and she was not of his need, he would keep her with bad treatment and oppression, so that she would redeem herself with her wealth and seek a divorce. It was said: 'And do not keep them to take away some of what you have given them.' The term 'keeping' refers to confinement and restriction. From it: 'The woman was constrained by her child,' meaning her womb was constricted by it, so part of it came out and part remained. Except if they commit a clear immorality, which is disobedience and bad character, and harming the husband and his family with rudeness and insolence, meaning if the bad treatment is from their side, then you have an excuse to seek divorce. This is supported by the reading of Ubayy: 'Except that they commit immorality against you.' And according to Al-Hasan: the immorality is adultery, so if she does that, it is permissible for her husband to ask for a divorce from her. It was said that they would take from a woman what was given to her if she committed an immorality and expel her. According to Abu Qilabah and Muhammad ibn Sirin: divorce is not permissible until a man is on her belly. And according to Qatadah: it is not permissible to keep her in harm until she redeems herself, even if she commits adultery. It was said that this was abrogated by the punishments. They used to mistreat women, so they were told: 'And live with them in kindness,' which means fairness in sleeping arrangements, spending, and being gentle in speech. If you dislike them, do not divorce them merely because of your dislike, for perhaps the soul dislikes what is better for religion, more commendable, and closer to goodness, and loves what is contrary to that. Rather, consider the reasons for righteousness.
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