{And there is no blame upon you}

O you men who desire marriage:

{in that which you hint at of a proposal to women} By one of you saying—as related by al-Bukhari and others from Ibn Abbas, may Allah be pleased with both of them—"I desire to marry, and I indeed love a woman of her description and her character, and it is within my nature [to desire] women, and I wish that Allah, the Exalted, would decree for me a righteous woman." Or, one mentions to the woman his excellence and nobility. It has been narrated that the Messenger of Allah, peace and blessings of Allah be upon him, entered upon Umm Salamah when she was still with her cousin Abu Salamah, and he passed away; he continued to mention to her his status before Allah, the Exalted, while he was leaning on his hand until the mat left an impression on his hand due to the intensity of his leaning upon it. That was a hint (ta'rid) to her.

Ta'rid (hinting/insinuation) is fundamentally the swaying of speech from its direct path toward a side or angle. It is used when you mention something intended in the general sense through its literal, metaphorical, or metonymical wording, in order to indicate thereby something else not explicitly mentioned in the speech. For example, mentioning the act of coming to greet someone by its very term to indicate a demand for payment or a request for a gift. It differs from Kinayah (metonymy), which is to mention an intended meaning through another word specifically assigned to it, but used in its assigned sense—not by way of direct intention, but rather to transition from it to the intended thing. Thus, "long of the shoulder-belt" is used for its literal meaning, but the intention is not to prove that, but rather to transition from it to "tall stature." Some researchers have established that there is a partial overlap between them. For instance, the statement of a needy person, "I came to you so that you would grant me [a gift]," is both Kinayah and Ta'rid. The statement "Zaid is long of the shoulder-belt" is Kinayah but not Ta'rid. And your saying to one who harms you—when the addressee is not the one who harmed you—"You have harmed me, and you shall know," is Ta'rid via threatening the aggressor, but not Kinayah. It is popularly called Talwih (allusion) because one "alludes" (yulawwih) therein to what he wants. Al-Sakkaki considered it a name for remote Kinayah due to the multitude of intermediaries, such as "many ashes" for a host, as a new terminology. In al-Kashf, it is noted that sometimes a condition occurs that makes the Kinayah equivalent to an explicit statement, as in [the attributes of] al-istiwa (establishing) over the Throne and the spreading of the hands, and it [the context] makes the deviation in Ta'rid look like the thing hinted at, as in His saying, the Exalted: {And do not be the first to disbelieve in it}. Thus, it does not stand as a refutation of the fundamental rule.

{al-khitbah} (proposal): It is said to be the discourse by which one seeks to enter into a marriage contract, derived from al-khitab (address), which is the directing of speech for the purpose of comprehension. With the damma (khutbah), it is the exhortation (sermon) arranged in a specific manner of composition. It is also said that they are two names for the same state, except that the one with the damma is restricted to exhortation, and the one with the kasra is for seeking a woman and requesting her marriage.

The definite article (al-) in {al-nisa'} (the women) is for familiarity (lil-'ahd), and those known are the wives mentioned in His saying, the Exalted: {and leave behind wives}. It is not possible to interpret it as exhaustive, because there are women for whom ta'rid regarding a proposal during their waiting period is prohibited, such as those in a revocable divorce, and the irrevocably divorced in one opinion. The more apparent view according to al-Shafi'i, may Allah be pleased with him, is its permissibility for those in their waiting period, by analogy to those in the waiting period of bereavement.

It should not be said: "It would have been better for this verse to be placed before His saying, the Exalted: {until they reach their term}, because the rulings on women contained herein are prior to the reaching of the term." For we say: We do not concede that. Rather, these are rulings for men regarding them, so it was appropriate that it be mentioned after finishing their rulings [that apply] before and after reaching the term. Al-Kiya used the verse as evidence to negate the prescribed punishment (hadd) in cases of slander (qadhf) for ta'rid, because Allah, the Exalted, made its ruling different from the ruling of explicit speech. This was supported by what was narrated: "Whoever hints, we hint, and whoever walks on clay, we cast him into the river." It was also used as evidence for the permissibility of marrying a pregnant woman [made pregnant] by zina, since she has no waiting period; the weakness of this view is not hidden.

{or you have concealed in your hearts} That is, you kept secret in your hearts [the desire] to marry them after their waiting period has passed, and you did not speak of it explicitly to them.

{Allah knows that you will mention them} And you will not be patient with remaining silent about them and about revealing your desire for them. Therefore, He has permitted for you what He permitted. In this, there is a type of rebuke.

{but do not make a promise to them in secret} This is a restrictive exception (istidrak) from a deleted element indicated by {you will mention them}, meaning: "So mention them, but do not promise them" marriage. Rather, suffice yourselves with what has been permitted for you. It is also possible that it is an exception from {there is no blame}, for it is in the meaning of "You may hint at proposing to them, or conceal it in your hearts, {but do not promise}..." etc. To interpret it as an exception to his [Ibn Abbas's] opinion [that 'secret' means marriage] is baseless. The intent of 'marriage' from 'the secret' is by way of the intent of intercourse, since it is conventionally known to be applied to it because it is kept secret. From this is the saying of Imru' al-Qays: "No, she claimed due to my graying today that I have grown old, and that 'the secret' is not becoming of me," meaning intercourse. The intent of the contract from that [the secret] is due to the causality between them. It was not termed 'the contract' from the beginning because there is no apparent compatibility between them.

It is narrated from Ibn Abbas, may Allah be pleased with both of them, that 'the secret' here is intercourse. The assumption of a license in the prohibited act—which is the explicit proposal of marriage—is something that would not even cross the mind. From Sa'id ibn Jubayr and Mujahid—and it is also narrated from the Scholar [Ibn Abbas]—that it is a covenant to refrain from marrying another. In these aspects, it is in the accusative case as an object. It is also permissible for it to be in the accusative as an adverb of time, i.e., "do not promise them" in secret, such that the intent is a promise that is considered reprehensible.

{except that you say a recognized word} Which is the ta'rid whose permissibility is known. The element from which it is excepted is that which the prohibition indicates: "Do not promise them" marriage with a promise that is... {except} a recognized promise, or {except} a promise with a recognized word, or do not say in a promise of intercourse or a request to refrain from others {except} your saying {a recognized word}. The exception in all these cases is connected. In the first view, the speech contains an explicit statement of what was understood from {there is no blame} in a way that confirms that elevation; it is a type of tard wa 'aks (correlation and reversal) that is excellent. As for the latter two [views], it is a grounding for a meaning that is perhaps known by way of analogy, as they interpreted the ta'rid in both as ta'rid by promise to her or a request from her. This is different from the previous ta'rid, because that was by the proposal itself. If the fourth view—which is the last of the aforementioned views—is intended, the exception may be connected or disconnected, and the disconnected is more apparent in meaning: "Do not promise them" in a reprehensible way, {but} promise them with a recognized word that is not shameful to mention publicly, out of good companionship and firmness if the marriage occurs. Some have said this, except that they made the exception [apply] to 'secret,' which is weakened by the fact that it would lead to ta'rid being a promised thing. Making it from the category of {except for one who is wronged} resists it being an exception from it [the secret], but rather from the root of the ruling.

{and do not determine the knot of marriage} That is, do not intend with a firm intention the knot of marriage. The prohibition of the precursor to a thing is a prohibition of the thing itself in a more eloquent way. The attribution of the prohibition to it is correct because it is among the internal actions subject to choice; thus, one is rewarded for the intention. The intended meaning is the concurrent determination. For someone who says: "Do not resolve to travel in Safar, for example," one does not understand from it a prohibition against a resolve whose action is delayed to Rabi'. This is because the firm intention is properly concurrent. The estimation of a genitive (i.e., 'knot' of marriage) is for the correctness of the attribution, because prohibition can only be against an action, and the 'knot' is not an action; it is the place of the contract, which is that upon which the contract is made. Some did not estimate it and considered the genitive as explanatory; the 'knot' in that case is the marriage itself, which is an action. It is also possible that the speech is of the category of {Forbidden to you are your mothers}. In any case, it is a direct object. It is also permissible for it to be an absolute object, meaning: "Do not resolve" means "Do not contract," like the saying: "I sat a sitting." Or that the genitive is the attribution of the verbal noun to its object.

It is said: The meaning is "Do not cut or fasten the knot of marriage," so the prohibition is against the action itself, not its intention, as in the first [interpretation]. By this, the former descends from it. Some have interpreted 'the resolve' ('azm) as the cutting (qat') which is the opposite of joining (wasl), and made the meaning: "Do not cut the knot of the marriage of the deceased husband with another marriage contract." There is no need then to estimate a genitive at all. There is a discussion on this: firstly, because the usage of 'resolve' to mean 'cutting' as the opposite of 'joining' in the language is subject to hesitation. The statement of al-Zamakhshari: "The reality of 'azm is cutting, evidenced by his saying, peace and blessings of Allah be upon him: 'There is no fasting for whoever has not resolved the fasting from the night,' and it was narrated 'has not intended to fast'—is not decisive. Rather, it is hardly correct to interpret it as such, as the evidence does not support it; for it is not hidden that the meaning of 'resolving to fast' is not 'cutting' in the sense of disconnection, but rather the firm intention and the cutting off of hesitation. Secondly, because there is no meaning to the prohibition against cutting the knot of the marriage of the first husband such that he is forbidden from it, for the knot of the marriage of the deceased is not cut by another marriage contract, as the second is void. Hence it was said: The meaning is "Do not untie your knot of marriage and do not cut it." Negating the cutting is an expression for negating the attainment, for the attainment of the fruit from the tree is by cutting. This, as you see, is something that the speech of Allah the Almighty should not be burdened with.

{until the book reaches its term} That is, until what has been written and ordained of the waiting period comes to an end.

{And know that Allah knows what is in your hearts} Of the resolve to do what is not permitted, or of what is in the souls, of which that is a part.

{so beware of Him} And do not resolve upon it, or beware of Him by refraining from the resolve initially, or by desisting from it after it has occurred.

{And know that Allah is Forgiving} He forgives whoever desists from his resolve or his sin out of fear of Him.

{Forbearing} He does not hasten with punishment, so let it not be imagined from its delay that what He prohibited does not entail accountability. The repetition of the agent [Allah] is out of concern for the status of the ruling. What is in the sentence that points to the vastness of His mercy—blessed be His name—is not hidden.