Surah Al Baqarah Tafseer

Divorce is Thrice

Allah says;

الطَّلَقُ مَرَّتَانِ فَإِمْسَاكٌ بِمَعْرُوفٍ أَوْ تَسْرِيحٌ بِإِحْسَانٍ

The divorce is twice, after that, either you retain her on reasonable terms or release her with kindness.

This honorable Ayah abrogated the previous practice in the beginning of Islam, when the man had the right to take back his divorced wife even if he had divorced her a hundred times, as long as she was still in her Iddah (waiting period). This situation was harmful for the wife, and this is why Allah made the divorce thrice, where the husband is allowed to take back his wife after the first and the second divorce (as long as she is still in her Iddah).

The divorce becomes irrevocable after the third divorce, as Allah said:

الطَّلَقُ مَرَّتَانِ فَإِمْسَاكٌ بِمَعْرُوفٍ أَوْ تَسْرِيحٌ بِإِحْسَانٍ

(The divorce is twice, after that, either you retain her on reasonable terms or release her with kindness).

In his Sunan, Abu Dawud reported in Chapter:

"Taking the Wife back after the third (Divorce) is an abrogated practice," that Ibn Abbas commented on the Ayah:

وَالْمُطَلَّقَاتُ يَتَرَبَّصْنَ بِأَنفُسِهِنَّ ثَلَثَةَ قُرُوَءٍ وَلَا يَحِلُّ لَهُنَّ أَن يَكْتُمْنَ مَا خَلَقَ اللّهُ فِي أَرْحَامِهِنَّ

(And divorced women shall wait (as regards their marriage) for three menstrual periods, and it is not lawful for them to conceal what Allah has created in their wombs,) (2:228). The man used to have the right to take back his wife even if he had divorced her thrice. Allah abrogated this and said:

الطَّلَقُ مَرَّتَانِ

(The divorce is twice).

This Tafsir was also collected by An-Nasa'i.

Ibn Abu Hatim reported that Urwah said that a man said to his wife,

"I will neither divorce you nor take you back."

She said, "How?"

He said, "I will divorce you and when your term of Iddah nears its end, I will take you back."

She went to Allah's Messenger and told him what happened, and Allah revealed:

الطَّلَقُ مَرَّتَانِ

(The divorce is twice).

Ibn Jarir (At-Tabari) also reported this Hadith in his Tafsir.

Allah said:

فَإِمْسَاكٌ بِمَعْرُوفٍ أَوْ تَسْرِيحٌ بِإِحْسَانٍ

after that, either you retain her on reasonable terms or release her with kindness,

meaning, `If you divorce her once or twice, you have the choice to take her back, as long as she is still in her Iddah, intending to be kind to her and to mend differences. Otherwise, await the end of her term of Iddah, when the divorce becomes final, and let her go her own way in peace, without committing any harm or injustice against her.'

Ali bin Abu Talhah reported that Ibn Abbas said,

"When the man divorces his wife twice, let him fear Allah, regarding the third time. He should either keep her with him and treat her with kindness, or let her go her own way with kindness, without infringing upon any of her rights."

Taking back the Mahr (Dowry)

Allah said:

وَلَا يَحِلُّ لَكُمْ أَن تَأْخُذُواْ مِمَّا اتَيْتُمُوهُنَّ شَيْيًا

And it is not lawful for you (men) to take back (from your wives) any of (the dowry) what you gave them,

meaning, you are not allowed to bother or pressure your wives to end this situation by giving you back the Mahr and any gifts that you have given them (in return for divorce).

Similarly, Allah said:

وَلَا تَعْضُلُوهُنَّ لِتَذْهَبُواْ بِبَعْضِ مَأ ءَاتَيْتُمُوهُنَّ إِلاَّ أَن يَأْتِينَ بِفَاحِشَةٍ مُّبَيِّنَةٍ

and you should not treat them with harshness, that you may take away part of what you have given them, unless they commit open illegal sexual intercourse. (4:19)

However, if the wife willingly gives back anything with a good heart, then Allah said regarding this situation:

فَإِن طِبْنَ لَكُمْ عَن شَىْءٍ مِّنْهُ نَفْساً فَكُلُوهُ هَنِيياً مَّرِيياً

but if they, of their own good pleasure, remit any part of it to you, take it, and enjoy it without fear of any harm. (4:4)

Allowing Khul` and the Return of the Mahr in that Case

When the spouses have irreconcilable differences wherein the wife ignores the rights of the husband, dislikes him and becomes unable to live with him any longer, she is allowed to free herself (from married life) by giving him back what he had given her (in gifts and Mahr). There is no sin on her in this case nor on him if he accepts such offer.

This is why Allah said:

وَلَا يَحِلُّ لَكُمْ أَن تَأْخُذُواْ مِمَّا اتَيْتُمُوهُنَّ شَيْيًا إِلاَّ أَن يَخَافَا أَلاَّ يُقِيمَا حُدُودَ اللّهِ فَإِنْ خِفْتُمْ أَلاَّ يُقِيمَا حُدُودَ اللّهِ فَلَ جُنَاحَ عَلَيْهِمَا فِيمَا افْتَدَتْ بِهِ

And it is not lawful for you (men) to take back (from your wives) any of what you gave them, except when both parties fear that they would be unable to keep the limits ordained by Allah (e.g., to deal with each other on a fair basis). Then if you fear that they would not be able to keep the limits ordained by Allah, then there is no sin on either of them if she gives back.

Sometimes, the woman has no valid reason and she still asks for her marriage to be ended. In this case, Ibn Jarir reported that Thawban said that Allah's Messenger said:

أَيُّمَا امْرَأَةٍ سَأَلَتْ زَوْجَهَا طَلَقًا فِي غَيْرِ مَا بَأْسٍ فَحَرَامٌ عَلَيْهَا رَايِحَةُ الْجَنَّـة

Any woman who asks her husband for divorce without justification, then the scent of Paradise will be forbidden for her.

At-Tirmidhi recorded this Hadith and stated that it is Hasan.

Ibn Jarir said that;

the Ayah (2:229) was revealed about Thabit bin Qays bin Shammas and his wife Habibah bint Abdullah bin Ubayy bin Salul.

In his Muwatta, Imam Malik reported that;

Habibah bint Sahl Al-Ansariyah was married to Thabit bin Qays bin Shammas and that Allah's Messenger once went to the Fajr (Dawn) prayer and found Habibah bint Sahl by his door in the dark. Allah's Messenger said, "Who is this?"

She said, "I am Habibah bint Sahl, O Messenger of Allah!"

He said, "What is the matter?"

She said, "I and Thabit bin Qays", meaning, (she can no longer be with) her husband.

When her husband Thabit bin Qays came, Allah's Messenger said to him:

هذِهِ حَبِيبَةُ بِنْتُ سَهْلٍ قَدْ ذَكَرَتْ مَا شَاءَ اللهُ أَنْ تَذْكُر

This is Habibah bint Sahl, she said what Allah has permitted her to say.

Habibah also said, "O Messenger of Allah! I still have everything he gave me."

Allah's Messenger said:

خُذْ مِنْهَا

Take it from her.

So, he took it from her and she remained in her family's house."

This was reported by Ahmad, Abu Dawud and An-Nasa'i.

Al-Bukhari reported that;

Ibn Abbas said that the wife of Thabit bin Qays bin Shammas came to the Prophet and said, "O Messenger of Allah! I do not criticize his religion or mannerism. But I hate committing Kufr in Islam (by ignoring his rights on her)."

Allah's Messenger said:

أَتَرُدِّينَ عَلَيهِ حَدِيقَتَه

Will you give him back his garden?

She said, "Yes."

Allah's Messenger said:

اقْبَلِ الْحَدِيقَةَ وَطَلِّقْهَا تَطْلِيقَة

Take back the garden and divorce her once.

An-Nasa'i also recorded it.

The `Iddah (Waiting Period) for the Khul"

At-Tirmidhi reported that;

Rubayi bint Mu`awwidh bin Afra got a Khul during the time of Allah's Messenger and the Prophet ordered her to wait for one menstruation period for Iddah.

Transgressing the set limits of Allah is an Injustice

Allah said:

تِلْكَ حُدُودُ اللّهِ فَلَ تَعْتَدُوهَا وَمَن يَتَعَدَّ حُدُودَ اللّهِ فَأُوْلَـيِكَ هُمُ الظَّالِمُونَ

These are the limits ordained by Allah, so do not transgress them. And whoever transgresses the limits ordained by Allah, then such are the wrongdoers.

This means that the laws that Allah has legislated are His set limits, so do not transgress them.

An authentic Hadith states:

إِنَّ اللهَ حَدَّ حُدُودًا فَلَ تَعْتَدُوهَا وفَرَضَ فَرَايِضَ فَلَ تُضَيِّعُوهَا وحَرَّمَ مَحَارِمَ فَلَ تَنْتَهِكُوهَا وَسَكَتَ عَنْ أَشْيَاءَ رَحْمَةً لَكُمْ مِنْ غَيْرِ نِسْيَانٍ فَلَ تَسْأَلُوا عَنْهَا

Allah has set some limits, so do not transgress them; and commanded some commands, so do not ignore them; and made some things unlawful, so do not commit them. He has also left some matters (without rulings) as a mercy with you, not because He has forgotten them, so do not ask about them.

Pronouncing Three Divorces at the same Time is Unlawful

The last Ayah we mentioned was used as evidence to prove that it is not allowed to pronounce three divorces at one time. What further proves this ruling is that Mahmud bin Labid has stated - as An-Nasa'i recorded - that Allah's Messenger was told about a man who pronounced three divorces on his wife at one time, so the Prophet stood up while angry and said:

أَيُلْعَبُ بِكِتَابِ اللهِ وَأَنَا بَيْنَ أَظْهُرِكُم

The Book of Allah is being made the subject of jest while I am still amongst you.

A man then stood up and said, "Should I kill that man, O Messenger of Allah."

The Wife cannot be taken back after the Third Divorce

Allah said