Commentary
Medinan, and it consists of eleven, or twelve, or thirteen verses [revealed after Al-Insan]. 'In the name of Allah, the Most Gracious, the Most Merciful'.
The Prophet ﷺ is specifically addressed and the speech is general. [[Mahamud said: "The Prophet ﷺ is specifically addressed and the speech is general ... etc." Ahmad said: "And on this distinction, the saying of Allah, the Exalted, is based, as narrated from Pharaoh: He said, 'So who is your Lord, O Musa?' He singled out Musa, peace be upon him, by calling him, because he was the most esteemed of the two, and he included both of them in the address. Another explanation has preceded in this regard.]] This is because the Prophet is the leader of his nation and their example. Just as it is said to the chief of a people: 'O so-and-so, do such and such', to show his precedence and to acknowledge his leadership, and that he is the representative of his people [[The phrase 'and that he is the representative of his people' in Arabic refers to the village being called a representative. (A)]] and their tongue, from which they derive their opinions and do not act independently of him. Thus, he is alone in the ruling of all of them, and he fills the place of all of them.
And the meaning of 'when you divorce women' is when you intend to divorce them and you are about to do so, as if you are approaching the matter, likened to the one who initiates it: like his saying, blessings and peace be upon him, 'Whoever kills a person, he has his spoils.' [[Agreed upon. It has been mentioned at the beginning of Al-Baqarah.]] And from this, the one walking to prayer and waiting for it is in the ruling of the one praying. 'So divorce them for their waiting period.' So they divorced them while anticipating their waiting period [[Mahamud said: "And the meaning of 'So divorce them while anticipating their waiting period ... etc.'" Ahmad said: "He carried the well-known and the rare readings on the basis that the time of divorce is the time when the waiting period is anticipated in relation to it, and he claimed that this is the meaning of anticipation in it, and he considered the 'lam' in it similar to the 'lam' in your saying, 'On the night that remains of Muharram.' And it is only meant that the waiting period is by menstruation: all of this is an effort to support Abu Hanifa's opinion that the waiting periods are menstruations, and he cannot establish that, for our companions have supported the well-known reading and confirmed the evidence with the rare reading that the waiting periods are purifications. And the reason for this evidence is that Allah, the Exalted, made the waiting period - even though it is originally a source - a time for the divorce that is commanded. And often the Arabs use sources as a time, like the rising of the star and the arrival of the pilgrim. And if the waiting period is a time for the commanded divorce, and its time is purification in agreement, then purification is the waiting period. And a similar 'lam' here is indeed the 'lam' in the saying, 'O I wish I had sent ahead for my life.' He only wished that he had done an action in his life, and his reading, blessings and peace be upon him, is 'in anticipation of their waiting period.' This is confirmed.
If it is said: A thing is part of it and included in it, and in the description of wiping the head, he should wipe both the front and the back, meaning he wipes the front of the head, which is its beginning. Then, the anticipation of the waiting period is part of it, which is the purification.]] As in your saying: 'I came to him for the night that remains of Muharram', meaning: anticipating it. And in the reading of the Messenger of Allah ﷺ: 'in anticipation of their waiting period', and if a woman is divorced during the previous purification for the first of her waiting periods, then she has been divorced while anticipating her waiting period. And the intended meaning is that they should be divorced during a purification in which they have not had sexual relations [[Mahamud said: "And the intended meaning is that he should divorce her during a purification in which he has not had sexual relations with her ... etc." Ahmad said: "The matter is as he conveyed it, and the criterion of the Sunnah according to Malik is that he should divorce her during a purification in which he has not had sexual relations with her once while she is not in waiting. And the verse indicates his opinion based on the interpretations of all the early scholars, as for the interpretation of Al-Zamakhshari and his explanation limited to anticipation, it is because the divorce that is commanded, meaning the one permitted in the verse:
It is restricted to a time when the waiting period is future in relation to him. This rejects the occurrence of divorce during the waiting period, part of which has already passed. As for our interpretation, it is because it is restricted to a time that is first for the waiting period and before it. This rejects its occurrence as synonymous in the second and third purity. However, the innovation according to Malik varies, so he said that if he divorces her during her menstruation, he is compelled to return to her. If he refuses, the judge will enforce the return upon him. If he divorces her during a purity in which he had sexual relations with her or followed the divorce, he is not compelled. Then they should remain until their waiting periods are completed. This is the best form of divorce, it is in accordance with the Sunnah, and it is far from regret. It is indicated by what was narrated from Ibrahim al-Nakha'i that the companions of the Messenger of Allah, blessings and peace be upon him, preferred not to divorce their wives in accordance with the Sunnah except for one time. Then they would not divorce again until the waiting period was completed, which was better for them than a man divorcing three times in three purities. Malik ibn Anas, may Allah be pleased with him, said: I do not recognize the divorce of the Sunnah except for one time, and he disliked three, whether combined or separate. As for Abu Hanifa and his companions, they disliked what exceeded one in a single purity. However, as for separating in the purities, they did not. This is based on what was narrated from the Messenger of Allah, blessings and peace be upon him, that he said to Ibn Umar when he divorced his wife while she was menstruating: "This is not how Allah commanded you. The Sunnah is to await the purity and to divorce her for each cycle one divorce." [This was narrated by al-Daraqutni from the narration of 'Ata al-Khurasani from al-Hasan from Ibn Umar with more details.] It was narrated that he said to Umar: "Command your son to take her back, then let him leave her until she menstruates, then purifies, then let him divorce her if he wishes. That is the waiting period which Allah commanded that women be divorced for." [This is agreed upon in the narration of Ibn Umar, may Allah be pleased with both of them.] According to al-Shafi'i, may Allah be pleased with him, there is no harm in sending the three. He said: I do not know of a number of divorces that is Sunnah or innovation; it is permissible. So why do you consider the divorce of the Sunnah to be one and the time, while Abu Hanifa considers the separation and time, and al-Shafi'i considers only the time? If you say: Does the divorce that contradicts the Sunnah take place? I say: Yes, and he is sinful, as it was narrated from the Prophet, blessings and peace be upon him, that a man divorced his wife three times in front of him, and he said, "Are you playing with the Book of Allah while I am among you?" In the narration of Ibn Umar, he said: O Messenger of Allah, what if I divorced her three times? He said to him: "Then you have disobeyed, and your wife has become unlawful to you." [This is at the end of the second narration in al-Daraqutni, and its wording is: "So I said: O Messenger of Allah, what if I divorced her three times, would it be permissible for me to take her back? He said: No. She would be unlawful to you, and that was disobedience." The wording in the book is suspended. In the authentic narration on Ibn Umar, may Allah be pleased with both of them.] And from Umar, may Allah be pleased with him, he would not allow a man who divorced his wife three times to be brought to him except that he would inflict punishment upon him. And he permitted that upon him. [This was narrated by Ibn Abi Shaybah and Abdul Razzaq from the narration of Shuqayq ibn Abdullah from Anas, who said: Umar, may Allah be pleased with him, would inflict punishment upon a man who divorced his wife three times in a gathering and would separate between them.] And from Sa'id ibn al-Musayyib and a group of the Tabi'in:
That whoever opposes the Sunnah in divorce and causes it during menstruation or during the waiting period, it does not take effect. They likened it to someone who appointed another to divorce according to the Sunnah but opposed it. If you say: How can one divorce for the Sunnah when she does not menstruate due to being too young, too old, pregnant, or not having been consummated with? I say: The young girl, the one who has ceased menstruating, and the pregnant woman, all of them according to Abu Hanifa and Abu Yusuf, are to be divorced three times in the months. Muhammad and Zufar disagreed with them regarding the pregnant woman, saying: She is not to be divorced for the Sunnah except once. As for the one who has not been consummated with, she is not to be divorced for the Sunnah except once, and the timing is not taken into account. If you say: Is it disliked to divorce the one who has been consummated with once in a final manner? I say: The narration about this differs among our companions. The apparent view is that it is disliked. If you say: His saying, 'When you divorce women,' is general and includes those who have been consummated with and those who have not, from those who menstruate, those who have ceased menstruating, young girls, and pregnant women. How is it correct to specify it to those who menstruate and have been consummated with? I say: There is neither generality nor specificity, but 'women' is a generic term for females among humans, and this gender is a meaning that exists in all of them and in some of them. Thus, it is permissible that by 'women' both this and that are intended. When it was said, 'So divorce them for their waiting period,' it was known that it was addressed to some of them, and they are those who have been consummated with from the waiting ones who menstruate. 'And count the waiting period' and preserve it in memory, and complete it with three complete menstruations without any deficiency in them. [Mawlid said: 'Its meaning is to complete the waiting period with three full menstruations.'] Ahmad said: 'And His saying, 'And fear Allah your Lord,' is a prelude to His saying, 'Do not expel them from their homes until they complete their waiting period,' as if He forbade expulsion twice: once in general and once specifically. Similar examples have preceded. 'Do not expel them until their waiting period is completed from their homes, which are the places they reside in before the waiting period, and these are the husbands' homes. They have been attributed to them due to their exclusivity to them in terms of residence. If you say: What is the meaning of the combination between expelling them or their leaving? I say: The meaning of expelling [the phrase 'the combination between them' is likely referring to 'their leaving.'] is that their husbands should not expel them out of anger towards them and dislike for cohabitation with them, or due to their need for the residences. And they should not permit them to leave if they request that, indicating that their permission has no effect in lifting the prohibition. Nor should they leave by themselves if they wish to do so, except if they commit a manifest indecency, which is read with an open or a broken 'ya.' It is said that this refers to adultery, meaning unless they commit adultery and are expelled to implement the punishment upon them. It is also said: Except if they are divorced for disobedience, and disobedience nullifies their right to residence. It is said: Except if they exhibit [the phrase 'it is said except if they exhibit' in the correct texts refers to 'exhibit indecency.'] their indecency, and it is permissible to expel them due to their indecency, and this is supported by the reading of Ubayy: 'Except if they commit indecency against you.' It is also said: Their leaving before the waiting period is completed is itself an indecency. The matter that Allah brings about is that He turns the heart from hating her to loving her, from desiring her to desiring her. From the determination to divorce to regretting it, so he may take her back. The meaning is: So divorce them for their waiting period and count the waiting period, so that you may desire and regret, and then take her back. 'And when they reach their term,' which is the end of the waiting period and they approach it, you are given the choice: If you wish, then take her back and hold her in a good manner and do good, and if you wish, then leave the return and part, and avoid causing harm, which is that he takes her back at the end of her waiting period and then divorces her, prolonging the waiting period upon her and causing her distress. 'And bear witness,' meaning at both the return and the separation. This witnessing is recommended according to Abu Hanifa, as in His saying, 'And bear witness when you sell.' And according to Al-Shafi'i, it is obligatory in the return and recommended in the separation. It is said: The benefit of witnessing is that there should be no denial between them, and that he should not be suspected in retaining her, and so that if one of them dies, the remaining one may claim the marriage to inherit from you. Al-Hasan said: 'From the Muslims.' And according to Qatadah: 'From your freemen.' For Allah's sake, sincerely, meaning that you establish it not for the one being witnessed for nor for the one witnessing, nor for any purpose other than establishing the truth and preventing injustice, as His saying goes: 'Be steadfast in justice, witnesses for Allah, even if it be against yourselves.' This encourages establishing testimony for the sake of Allah and for the purpose of upholding justice. 'And whoever fears Allah' may be an interjected sentence confirming what has preceded regarding conducting divorce according to the Sunnah, and the best and farthest way from regret. The meaning is: And whoever fears Allah, so divorce according to the Sunnah and does not harm the waiting woman and does not expel her from her residence and is cautious and bears witness, Allah will make for him a way out from what concerns the spouses of worries and falling into difficulties, and He will relieve him and grant him relief and provide for him from a source he did not expect or account for, if he fulfills the dowry and pays the rights and expenses, even if his wealth is little. And it was narrated from the Prophet, blessings and peace be upon him, that he was asked about one who divorced three times or a thousand, is there a way out for him?
It was narrated [[Reported by Al-Daraqutni, Al-Tabarani, and Ibn Mardawayh through the chain of Ubayd Allah ibn Al-Walid and others from Ibrahim ibn Abdullah ibn Abadah ibn Al-Samit from his father from his grandfather. He said, "Some of my ancestors divorced his wife a thousand times, so his sons went and said: O Messenger of Allah, our father divorced our mother a thousand times. Is there a way out for him? He said: Your father did not fear Allah, so He did not make a way out for him - the hadith." In its chain are a group of weak narrators. It was narrated by Ishaq in his Musnad from Ibn Idris from Ubayd Allah ibn Al-Walid from Dawood ibn Ibrahim from Abadah ibn Al-Samit, thus he said.]]. And Ibn Abbas was asked about that and he said: He did not fear Allah, so He did not make a way out for you. She is divorced from you with three, and the addition is a sin upon you. It is permissible that it be mentioned as a digression when mentioning His saying: "This is what is advised by it" meaning: And whoever fears Allah, He makes for him a way out and a relief from the troubles of this world and the Hereafter. And it was reported from the Prophet ﷺ that he recited it and said: A way out from the doubts of this world, from the agonies of death, and from the hardships of the Day of Resurrection [[Reported by Al-Thalabi and Al-Wahidi from the narration of Said ibn Rashid from Abdullah ibn Said ibn Abi Hind from Zaid ibn Aslam from Ata from Ibn Abbas with a chain going up to him. And Abu Nu'aym narrated it as a stopped narration on Qatadah in his biography in Al-Hilya.]]. And he, peace be upon him, said: I know an Ayah if the people acted upon it, it would suffice them: "And whoever fears Allah..."
He continued to recite it and repeat it [[Reported by Ahmad in Al-Zuhd, Ibn Majah, Ibn Hibban, and Al-Hakim through the chain of Ibn Al-Salbul, Huzayb ibn Mughayr from Abu Dharr, raised to the Prophet ﷺ]]. It was narrated that Awf ibn Malik Al-Ashjai had a son named Salim who was captured by the polytheists. So he came to the Messenger of Allah and said: My son has been captured, and he complained to him about poverty. He said: No one is with the family of Muhammad except that they have been given a provision, so fear Allah, be patient, and frequently say: There is no power and no strength except with Allah. So he did, and while he was in his house, his son knocked on the door with a hundred camels that the enemy was unaware of, and he drove them away. This verse was revealed [[Reported by Al-Thalabi through the chain of Al-Kalbi from Abu Salih from Ibn Abbas who said: "Awf ibn Malik Al-Ashjai came to the Prophet ﷺ and mentioned it similarly. He did not name the son, but said: He brought four thousand sheep, and Al-Bayhaqi narrated it in Al-Dala'il through the chain of Abu Ubaidah ibn Abdullah ibn Mas'ud from his father similarly. In it, it was said that the man did not take long before Allah returned his son and his camels or he fled what he had. He came to the Prophet ﷺ and informed him, and he stood on the pulpit, praised Allah, and extolled Him, and commanded them to ask Allah and seek to Him. And he recited to them: "And whoever fears Allah..." - the verse. And Al-Hakim narrated through the chain of Salim ibn Al-Ja'd from Jabir who said: "This verse was revealed about a man from Ashja' who was poor, had little means, and many dependents. He came to the Messenger of Allah ﷺ and asked him. He said: Fear Allah and be patient, and it was not long before his son came to him with sheep that the enemy had taken. He mentioned it briefly. In it, there is Ubaid ibn Kathir whom Al-Azdi left, and Abad from Ya'qub. He is a Rafidi.]] His command is fulfilled, meaning he reaches what he wants, and nothing he desires escapes him, nor is he unable to obtain what he seeks. And it was read: "His command is fulfilled" in the genitive, and "His command is fulfilled" in the nominative, meaning: His command is executed. And Al-Mufaddal read: "His command is fulfilled," on the basis that the saying "Indeed, Allah has made" is the news of In, and "fulfilled" is a state of being in terms of estimation and timing. This is a clarification of the obligation of reliance on Allah [[Mahamud said: "The saying: His command is fulfilled is a clarification of the obligation of reliance on Allah, and entrusting the matter to Him... etc." Ahmad said: "It is not your nest, so go away. Does he see the decree? And where is submission to the decree? And this is neither his religion nor his belief from the division of events into three categories:
Among them are those that Allah, glorified and exalted is He, intends their existence, which are the commanded things, and most of His intention does not occur from them. Among them are those that He intends their non-existence, which are the prohibited things, and most of them exist contrary to His intention. Among them are those that He neither intends their non-existence nor their existence; if they exist, it is without His will, and if they do not exist, it is likewise. This leads to the confusion that it is inconceivable that beings only follow the will of creation, for they do not occur except by it. If they coincide with the will of Allah, glorified and exalted is He, then their occurrence is not dependent on it, for they occurred without it. If they oppose the will of Allah, then their opposition to the divine will has no effect in preventing their occurrence. So, how can one who delves into the depths of this misguidance have reliance that depends on the belief that all beings only depend on the will of Allah, glorified and exalted is He? Whatever He wills occurs, and whatever He does not will does not occur, whether the servant wants it or not. What Allah wills occurs, and what He does not will does not occur, and the servant is a channel for the occurrence of the beings that happen by the power and will of Allah, glorified and exalted is He, and nothing else. There is no repeller of His command nor any one to reverse His judgment. What is the decree in this noble station except in stages that only the mount of fairness, the provision of piety, and the guide of success can bring one closer to? Allah is sufficient for us, and He is the best disposer of affairs. And entrusting the matter to Him, for when one knows that everything, including sustenance and the like, only occurs by His decree and timing, there remains nothing but submission to destiny and reliance.
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