Tafsir of An-Nisa' 4:35

(And if you fear): The address, as stated by Ibn Jubayr, ad-Dahhak, and others, is to the authorities (rulers). It is framed upon a conditional premise of something unspoken, to signal that the event—namely, disobedience—is not something that should be assumed to occur. It is also said that it is addressed to the families of the spouses, or to the spouses themselves; this has been narrated from as-Suddi. The meaning is "If you know," as Ibn Abbas stated, or "If you think," as others have said.

(a breach between them): That is, between the two spouses. Even though they are not explicitly mentioned, they are alluded to by implication, due to the indication of nushuz (rebellion), which is a wife’s disobedience to her husband—a term applied to both men and women. Shiqaq (breach) refers to opposition and enmity. It is derived from shaqq, meaning "side," because each of the opposing parties is on a side different from the other. "Between" (bayna) functions as a spatial adverbial particle, the usage of which is restricted. The attribution of "breach" to it is either treating the adverb as an object, as in the phrase: "O you who steal the night [from] the people of the house," or as a subject, like the expression "he fasted his day." The original structure is "a breach between them," meaning neither opposed the other; however, due to the association between the adverb and the entity within it, it is treated as a subject or object, and one of them is likened to it, thus receiving the same treatment in the genitive construction. It is said that the preposition implies "in," and it is also said that bayna here means the connection existing between the spouses—that is, cohabitation—and is not an adverbial of place. Abu al-Baqa pointed to this, though the scholars of verification did not approve of it.

(then send): That is, direct and dispatch to the spouses for the sake of reconciling their affairs.

(an arbitrator): That is, a just man who is knowledgeable, possesses good political judgment, and has insight into the attainment of the common good.

(from his family): That is, the husband's. "From" (min) is either connected to "send," indicating the starting point of the action, or connected to an implied element acting as an adjective for the indefinite noun, thus indicating partition.

(and an arbitrator): Another, matching the first.

(from her family): That is, the wife's. The family is specified because they are more eager for reconciliation, better acquainted with the inner state of affairs, and the soul finds comfort in them. They gain insight into what is in the conscience of each—of love, hatred, intent, companionship, or separation. This is based on recommendation; if arbitrators are appointed from outside the family, it is permissible.

There is a difference of opinion regarding whether they have the authority to unite or separate the couple if they deem it necessary. It is said they have this power; this is narrated from Ali (may Allah honor his face), Ibn Abbas (may Allah be pleased with them both), and one of two narrations from Ibn Jubayr; al-Sha'bi held this view as well. Al-Shafi’i in al-Umm, al-Bayhaqi in as-Sunan, and others recorded from Ubaydah as-Salmaniy: A man and a woman came to Ali (may Allah honor his face), each accompanied by a group of people. Ali ordered them to send one arbitrator from his family and one from hers. Then he said to the two arbitrators: "Do you know what is incumbent upon you? If you see fit to unite, unite; and if you see fit to separate, separate." The woman said, "I am satisfied with the Book of Allah regarding what is upon me and what is for me." The man said, "As for separation, no." Ali (may Allah honor his face) said, "You shall not have that, by Allah, until you acknowledge the same as she acknowledged."

Ibn Jarir recorded from Ibn Abbas (may Allah be pleased with them both) that he said regarding this verse: "This applies to the man and woman when their relationship turns corrupt; Allah commanded that they send a righteous man from the husband’s family and a similar one from the wife’s. They investigate which of them is the offender. If the husband is the offender, they prevent him from his wife and compel him to provide maintenance. If the wife is the offender, they compel her to return to her husband and deny her maintenance. If they both agree to separate or unite, their decision is valid."

It is said that they do not have that authority. This is narrated from al-Hasan; Abd ar-Razzaq and others recorded from him that he said: "The arbitrators are sent only to reconcile and to testify against the wrongdoer for his wrongdoing, but separation is not in their hands." Az-Zajjaq inclined toward this, and it is attributed to the Greatest Imam (Abu Hanifah). The act of Ali (may Allah honor his face) is answered by the fact that he was the Imam, and the Imam may do what he deems to be in the interest of the public; perhaps he saw the interest in what he mentioned and thus authorized the arbitrators according to his judgment. Furthermore, his own words indicate that the execution of the order was contingent upon consent, as he said to the man, "You shall not have that... until you acknowledge the same as she acknowledged."

You know that this, despite its content, does not serve as a sufficient answer to what was narrated from Ibn Abbas. Perhaps the matter is one of ijtihad (independent legal reasoning), and the statement of one mujtahid is not a binding proof against another. The Imamiyyah followed the view of al-Hasan, as if the report regarding Ali (may Allah honor his face) was not established in their view. There are two narrations from al-Shafi’i on this matter, and from Malik it is said they have the power to perform khul' (divorce for consideration) if they find it in the interest of the couple. It is reported from some of our scholars that if the wrongdoing is from the husband, they separate them, and if it is from her, they separate them upon some of what he gave her as dowry. The apparent view is that whoever held the opinion of the effectiveness of their judgment treated them as agents for that purpose.

Ibn al-Arabi said in al-Ahkam: "They are judges, not agents, for 'arbitrator' (hakam) is a name in the Shari'ah for the judge."

(If they desire): That is, the arbitrators.

(reconciliation): That is, between the spouses, and bringing them together.

(Allah will cause harmony between them): So their words agree, and their intended goal is achieved. The pronoun here also refers to the two arbitrators. Ibn Abbas, Mujahid, ad-Dahhak, Ibn Jubayr, and as-Suddi held this view.

It is also possible that both pronouns refer to the spouses—that is, if they both desire to reform the breach between them, Allah will bring harmony and agreement between them. It is also possible that the first refers to the arbitrators and the second to the spouses—that is, if the arbitrators intend to reform the relationship and their intentions are sincere and their hearts are counsel-giving for the sake of Allah, Allah will bring harmony and love between the spouses and cast agreement and companionship into their hearts. It is also possible that the first refers to the spouses and the second to the arbitrators—that is, if the spouses desire reconciliation and agreement, Allah will guide the affairs of the arbitrators so that they act toward reconciliation and seek it out.

(Indeed, Allah is ever Knowing, Acquainted): With the outward and the inward; He knows the intentions of the servants, their interests, and all their circumstances.

The scholar Ibn Abbas (may Allah be pleased with them both) used this verse as an argument against the Khawarij regarding their denial of the arbitration (tahkim) in the story of Ali (may Allah honor his face). It is one of three issues that were lodged in their minds, all of which he refuted, may Allah be pleased with him. Twenty thousand of them returned to the master of the believers (may Allah honor his face). In it, as Ibn al-Faras said, there is a rebuttal against those among the Malikis who denied the sending of arbitrators between spouses. He said: "The wife should go to the house of a trustworthy person, or a trustworthy person should reside with her."