Tafsir of Surat al-Talaq
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Question: Allah the Exalted said in Surat al-Talaq: [Al-Talaq: 1], what is the meaning of this verse,And is the intended meaning of His saying: if it is their property, or what?
Answer: Allah the Exalted says,In the name of Allah, the Most Gracious, the Most Merciful:[At-Talaq 65:1] the verse.
This is an address to the Prophet (peace and blessings be upon him), and a command to his Ummah. He addressed the Prophet (peace and blessings be upon him) as an honor to him, then directed the address to the Ummah,So he said:[At-Talaq 65:1] and its interpretation was reported from the Prophet (peace and blessings be upon him) that he should divorce her during a period of purity in which he did not have intercourse with her, and this is what is called the Sunnah divorce,And it is: that he should divorce her while she is in a state of purity from menstruation, in a period of purity in which he did not have intercourse with her. The Lawgiver prohibited divorcing her in any other state, such as divorcing her while she is menstruating, or divorcing her in a period of purity in which he had intercourse with her.
Question: And if she is pregnant?
Answer: If he divorced her in a period of purity in which he had intercourse with her, and her pregnancy became apparent, there is no harm in that. Or if he divorced her in a period of purity in which he did not have intercourse with her, and her pregnancy did not become apparent, this is also the Sunnah divorce, and it is what Allah commanded for women to be divorced,.
and His saying, the Exalted:: That is, restrict yourselves to it, by not increasing it or decreasing it.
And the waiting period, as Allah (Glorified and Exalted is He) explained in other verses in Surat al-Baqarah, is that the menstruating woman observes a waiting period of three menstrual cycles, and in this case, the pregnant woman observes a waiting period until she delivers the child[At-Talaq 65:1].
[At-Talaq 65:1]: This is a command from Allah (Glorified and Exalted is He) to fear Him by adhering to these rulings that He has explained; because they are in the interest of the servants, and it is an act of worship of Allah (Glorified and Exalted is He) by obeying His command and avoiding His prohibition.
[At-Talaq 65:1]: This contains a prohibition from Allah (Glorified and Exalted is He) that the divorced woman not be taken out of the marital home before the end of her waiting period. In it is the prescription of the divorced woman observing her waiting period in the marital home, and that she not leave it; because if it is a revocable divorce, she is a wife with the rights of wives, and perhaps her divorcer will take her back. The opportunity is prepared for the taking back, which the Lawgiver desires, because of the benefit in it. And if it is an irrevocable divorce, this is a matter of disagreement among the scholars: is residence obligatory or not? The apparent meaning of the verse is that residence is also obligatory for her, and there is disagreement in this issue. As for the revocable divorce, there is no disagreement; because residence and financial maintenance are obligatory for her because she is a wife.
[At-Talaq 65:1]: the clear lewdness,It was said: is zina,And it was said: is foul speech with the tongue, such that she commits foulness toward the husband or the husband's family, by cursing or insulting or otherwise. In that case, it is permissible to take her out of the marital home [An-Nisa 4:19], and the verse is general for clear lewdness, whether it is zina, foul speech, or otherwise.
[Al-Baqarah 2:230]: That is, His rulings that He has defined and explained for His servants, so adhere to them and do not transgress them.
[At-Talaq 65:1]: Because he has disobeyed Allah (Glorified and Exalted is He) and exposed himself to the punishment, the punishment for transgression.
[At-Talaq 65:1]
after the divorce and the estrangement, affection returned[At-Talaq 65:1] to the end of the verse.
So this verse indicates the prohibition of the innovated divorce, which is divorce during menstruation, or during a period of purity in which he had intercourse with her, and her pregnancy did not become apparent. It also indicates the prohibition of the triple divorce with a single phrase; because it is an innovation. It was prescribed for the Muslim to divorce in a state in which divorce is permissible for him by the Shari'ah, which is a period of purity in which he did not have intercourse with her, or in the state where he had intercourse with her in the period of purity, but her pregnancy became apparent. In that case, it is permissible for him to divorce her.
And it indicates the residence of the woman observing the waiting period in the marital home until she completes her waiting period, and it indicates the prohibition of taking her out or her leaving the marital home before the completion of the waiting period, and it indicates the obligation of adhering to the waiting period, so that it is not increased or decreased.
Question: We know that the innovated divorce is that which occurs in a period of purity in which he had intercourse with her, or during menstruation, and this is not permissible. But if the divorce occurs in these two states, does it take effect or not?
Answer: The majority of the scholars are of the opinion that it takes effect; because Ibn 'Umar (may Allah be pleased with them both) divorced his wife while she was menstruating, so the Prophet (peace and blessings be upon him) ordered him to take her back, and taking back only happens from a divorce that has taken effect. This is the position of the majority of the scholars.
O Prophet, when you [Muslims] divorce women, divorce them for [the commencement of] their waiting period and keep count of the waiting period, and fear Allah, your Lord. Do not turn them out of their [husbands'] houses, nor should they [themselves] leave [during that period] unless they are committing a clear immorality. And those are the limits [set by] Allah. And whoever transgresses the limits of Allah has certainly wronged himself. You know not; perhaps Allah will bring about after that a [different] matter.
يَاأَيُّهَا النَّبِيُّ إِذَا طَلَّقْتُمُ النِّسَاءَ فَطَلِّقُوهُنَّ لِعِدَّتِهِنَّ وَأَحْصُوا الْعِدَّةَ وَاتَّقُوا اللَّهَ رَبَّكُمْ لَا تُخْرِجُوهُنَّ مِنْ بُيُوتِهِنَّ وَلَا يَخْرُجْنَ إِلَّا أَنْ يَأْتِينَ بِفَاحِشَةٍ مُبَيِّنَةٍ وَتِلْكَ حُدُودُ اللَّهِ وَمَنْ يَتَعَدَّ حُدُودَ اللَّهِ فَقَدْ ظَلَمَ نَفْسَهُ لَا تَدْرِي لَعَلَّ اللَّهَ يُحْدِثُ بَعْدَ ذَلِكَ أَمْرًاfrom their houses
مِنْ بُيُوتِهِنَّAnswer: Allah the Exalted says,In the name of Allah, the Most Gracious, the Most Merciful:
O Prophet, when you [Muslims] divorce women, divorce them for [the commencement of] their waiting period
يَاأَيُّهَا النَّبِيُّ إِذَا طَلَّقْتُمُ النِّسَاءَ فَطَلِّقُوهُنَّ لِعِدَّتِهِنَّThis is an address to the Prophet (peace and blessings be upon him), and a command to his Ummah. He addressed the Prophet (peace and blessings be upon him) as an honor to him, then directed the address to the Ummah,So he said:
when you [Muslims] divorce women, divorce them for [the commencement of] their waiting period
إِذَا طَلَّقْتُمُ النِّسَاءَ فَطَلِّقُوهُنَّ لِعِدَّتِهِنَّQuestion: And if she is pregnant?
Answer: If he divorced her in a period of purity in which he had intercourse with her, and her pregnancy became apparent, there is no harm in that. Or if he divorced her in a period of purity in which he did not have intercourse with her, and her pregnancy did not become apparent, this is also the Sunnah divorce, and it is what Allah commanded for women to be divorced,
divorce them during their waiting periods
فَطَلِّقُوهُنَّ لِعِدَّتِهِنَّand His saying, the Exalted:
and count the waiting period
وَأَحْصُوا الْعِدَّةَAnd the waiting period, as Allah (Glorified and Exalted is He) explained in other verses in Surat al-Baqarah, is that the menstruating woman observes a waiting period of three menstrual cycles, and in this case, the pregnant woman observes a waiting period until she delivers the child
divorce them for [the commencement of] their waiting period and keep count of the waiting period
فَطَلِّقُوهُنَّ لِعِدَّتِهِنَّ وَأَحْصُوا الْعِدَّةَand fear Allah, your Lord
وَاتَّقُوا اللَّهَ رَبَّكُمْDo not turn them out of their [husbands'] houses
لَا تُخْرِجُوهُنَّ مِنْ بُيُوتِهِنَّnor should they [themselves] leave [during that period] unless they are committing a clear immorality
وَلَا يَخْرُجْنَ إِلَّا أَنْ يَأْتِينَ بِفَاحِشَةٍ مُبَيِّنَةٍunless they commit a clear immorality
إِلَّا أَنْ يَأْتِينَ بِفَاحِشَةٍ مُبَيِّنَةٍThese are the limits of Allah
وَتِلْكَ حُدُودُ اللَّهِAnd whoever transgresses the limits of Allah has certainly wronged himself
وَمَنْ يَتَعَدَّ حُدُودَ اللَّهِ فَقَدْ ظَلَمَ نَفْسَهُYou know not; perhaps Allah will bring about after that a [different] matter.
لَا تَدْرِي لَعَلَّ اللَّهَ يُحْدِثُ بَعْدَ ذَلِكَ أَمْرًاafter the divorce and the estrangement, affection returned
You know not; perhaps Allah will bring about after that a [different] matter.
لَا تَدْرِي لَعَلَّ اللَّهَ يُحْدِثُ بَعْدَ ذَلِكَ أَمْرًاSo this verse indicates the prohibition of the innovated divorce, which is divorce during menstruation, or during a period of purity in which he had intercourse with her, and her pregnancy did not become apparent. It also indicates the prohibition of the triple divorce with a single phrase; because it is an innovation. It was prescribed for the Muslim to divorce in a state in which divorce is permissible for him by the Shari'ah, which is a period of purity in which he did not have intercourse with her, or in the state where he had intercourse with her in the period of purity, but her pregnancy became apparent. In that case, it is permissible for him to divorce her.
And it indicates the residence of the woman observing the waiting period in the marital home until she completes her waiting period, and it indicates the prohibition of taking her out or her leaving the marital home before the completion of the waiting period, and it indicates the obligation of adhering to the waiting period, so that it is not increased or decreased.
Question: We know that the innovated divorce is that which occurs in a period of purity in which he had intercourse with her, or during menstruation, and this is not permissible. But if the divorce occurs in these two states, does it take effect or not?
Answer: The majority of the scholars are of the opinion that it takes effect; because Ibn 'Umar (may Allah be pleased with them both) divorced his wife while she was menstruating, so the Prophet (peace and blessings be upon him) ordered him to take her back, and taking back only happens from a divorce that has taken effect. This is the position of the majority of the scholars.