Tafsir of Al-Baqarah 2:231

Surah Al-Baqarah (2:231) - Tafsir by Fakhr al-Din al-Razi

Verse: {وَإِذَا طَلَّقْتُمُ النِّسَاءَ فَبَلَغْنَ أَجَلَهُنَّ فَلَا تَعْضُلُوهُنَّ أَن يَنكِحْنَ أَزْوَاجَهُنَّ إِذَا تَرَاضَوْا بَيْنَهُم بِالْمَعْرُوفِ ۚ ذَٰلِكُمْ يُوعَظُ بِهِ مَن كَانَ مِنكُمْ يُؤْمِنُ بِاللَّهِ وَالْيَوْمِ الْآخِرِ ۚ ذَٰلِكُمْ أَزْكَىٰ لَكُمْ وَأَطْهُرٌ ۚ وَاللَّهُ يَعْلَمُ وَأَنتُمْ لَا تَعْلَمُونَ}

Issue 1: Repetition of the Ruling

Some might ask: Why is this verse repeated after the verse {Divorce is twice. Then, either keep [her] with honor or release [her] with kindness} (2:229)? This seems like unnecessary repetition.

Answer:

1. Hanafi View: For the followers of Abu Hanifa, who interpret the previous verse (2:229) as prohibiting the accumulation of divorces (i.e., only one divorce is effective at a time), this question is moot. The previous verse deals with the manner of reconciliation/separation after a divorce, while this verse deals with the manner of Ruj'a (revocation of divorce).
2. Shafi'i View (and others): For those who interpret the previous verse as covering the rules of Ruj'a, the question is valid. The response is that when a general ruling covers many scenarios, repeating a specific scenario highlights its special importance.
   • Verse 2:229 states that during the Iddah (waiting period), one of two things must occur: kind retention or kind release.
   • This verse (2:231) specifically addresses the situation when the Iddah is about to end. Observing these two options at the very end of the waiting period is more critical than at other times.
   • The greatest harm (Mudarra) is when a man divorces his wife, revokes the divorce near the end of the Iddah, and repeats this cycle, keeping her in a state of limbo for nine months or more. Because this specific scenario involves the greatest potential for harm, repeating the ruling here emphasizes its gravity and the need to avoid it.

Issue 2: The Manner of Revocation (Ruj'a)

The phrase {فَأَمْسِكُوهُنَّ بِمَعْرُوفٍ} (so retain them with kindness) refers to revocation. Scholars differed on how this revocation is achieved:

• Al-Shafi'i: Since marriage and divorce require specific verbal formulation (Kalam), revocation must also be done verbally.
• Abu Hanifa and Al-Thawri: Revocation is valid through sexual intercourse (Wati').
• Malik: Revocation is valid through intercourse only if the husband intends revocation by that act; otherwise, it is not a revocation.

Evidence for Al-Shafi'i: It is narrated that when Ibn Umar divorced his wife while she was menstruating, he asked 'Umar, who then asked the Prophet (PBUH). The Prophet (PBUH) said: "Let him revoke her, then keep her." The command for revocation was absolute. Since sexual intercourse is forbidden during menstruation, and he was commanded to revoke her (which is permissible), it implies that intercourse itself cannot constitute the revocation.

Evidence for Abu Hanifa: Allah commanded mere "retention" ({فَأَمْسِكُوهُنَّ بِمَعْرُوفٍ}). Intercourse constitutes retention, so it should suffice.

Regarding Witnesses for Revocation:

• Al-Shafi'i's apparent position is that having witnesses for revocation is recommended (Mustahabb), not obligatory. This is also the view of Malik and Abu Hanifa.
• However, in Al-Imla' (a work), it is stated that witnesses are obligatory, a view favored by Muhammad ibn Jarir al-Tabari.
• Evidence for Obligatory Witnessing: The act must be done "with kindness" ({بِالْمَعْرُوفِ}). Kindness implies that others should be aware of it (i.e., it should be known). Since there is consensus that the awareness of non-witnesses is not required, the awareness of witnesses must be obligatory.
• Counter-Argument: The first group argues that "kindness" refers to proper conduct and conferring benefit, not necessarily public knowledge.

Issue 3: The Meaning of "When They Have Reached Their Term" ({فَبَلَغْنَ أَجَلَهُنَّ})

Some argue that the right to revoke is established when the term (Ajal) is reached, which means the end of the Iddah. If the Iddah has ended, the right to revoke no longer exists.

Answer (Two Interpretations):

1. Metaphorical Meaning: "Reaching the term" means approaching the end of the term, not the exact moment of completion. This is a common linguistic usage where the whole (the period) is used to refer to the majority or the near-end (like saying "we have reached the city" when one is near it).
2. Temporal Meaning: The term (Ajal) refers to the time frame itself. We interpret it as the last possible moment within that time frame where revocation can still legally take place, after which the opportunity is lost. This interpretation avoids the need for metaphor.

Issue 1: Repetition of Prohibition

Why prohibit preventing them from remarrying their former husbands when the command to retain them with kindness ({فَأَمْسِكُوهُنَّ بِمَعْرُوفٍ}) already implies a prohibition against the opposite (harm)? Command implies prohibition of the opposite.

Answer: A command applies only to specific instances or times. A prohibition, however, applies universally across all times. A man might retain his wife kindly at that moment, but harbor the intention to harm her in the future. By stating {وَلَا تَعْضُلُوهُنَّ ضِرَارًا} (And do not retain them for harm), Allah removes all ambiguity and covers future intentions as well.

Issue 2: The Meaning of Harm (Dharar)

Al-Qaffal explains that Dharar means causing injury or affliction, similar to the verse about the mosque built for harm (Qur'an 9:107). It involves stirring up enmity, removing affection, causing distress, and inciting aversion.

Explanations of this specific Dharar include:

1. A man would divorce his wife, leave her, and just as the third menstrual cycle was about to end, he would revoke the divorce. He would repeat this until she remained in a state of Iddah for nine months or more.
2. Poor treatment and bad companionship during the retention period.
3. Restricting her financial support (Nafaqah).

Note: In the Jahiliyyah (pre-Islamic era), these actions were often done hoping the wife would seek Khul' (divorce in exchange for compensation).

Interpretation 1 (Consequence): Do not harm them, lest you become transgressors. This is a statement of consequence, like the verse: {So the people of Pharaoh picked him up [out of the water] so that he would become an enemy and a source of grief to them} (28:8)—meaning, he became their enemy. This is the Lam al-'Aqibah (the 'Lam' of consequence).

Interpretation 2 (Intention): Do not harm them with the intention of transgressing against Allah's limits. In this case, you become disobedient, deliberately intending that specific sin, which is one of the gravest forms of disobedience.

Interpretation 1: He wrongs himself by exposing it to Allah's punishment in the Hereafter.

Interpretation 2: He wrongs himself by forfeiting worldly and religious benefits:

• Worldly Benefits: If a man becomes known for such ugly treatment, people will avoid marrying or dealing with him.
• Religious Benefits: He misses the reward for good companionship with his family and the reward for submitting to Allah's commands and rulings.

Interpretation 1 (The Strongest View): If someone sets himself up as one who obeys a command, but then forgets or fails to execute it, he is said to have mocked that command. Therefore, anyone who receives these rulings (regarding Iddah, revocation, Khul', and avoiding harm) and fails to strive to fulfill them is acting as if he is mocking them. This is a severe warning to the disobedient among those who pray.

Interpretation 2: Do not treat Allah's injunctions lightly, as if they were mere jokes or idle talk.

Interpretation 3 (Reported from Abu al-Darda'): In the Jahiliyyah, a man might divorce, saying, "I was joking," or free a slave, saying the same. Allah revealed this verse. The Prophet (PBUH) recited it and said: "Whoever divorces, frees, or marries, and claims he was joking, then it is serious (i.e., his action is binding)."

Interpretation 4 (Reported from 'Ata'): If a person asks for forgiveness for a sin but persists in that sin or a similar one, he is mocking Allah's verses.

The first interpretation is preferred because the context is a threat. When a threat follows a mention of specific duties, the threat pertains to neglecting those duties.

After warning them against neglecting the duties by mentioning the severe threat, Allah encourages them to fulfill them by reminding them of His blessings:

1. General Blessing: {وَاذْكُرُوا نِعْمَةَ اللَّهِ عَلَيْكُمْ} (And remember the favor of Allah upon you). This encompasses all of Allah's blessings in this life and the religion.
2. Specific Religious Blessings: {وَمَا أَنزَلَ عَلَيْكُم مِّنَ الْكِتَابِ وَالْحِكْمَةِ يَعِظُكُم بِهِ} (And what He has sent down to you of the Book and wisdom, advising you thereby). The Book and Wisdom are mentioned specifically because they are the noblest of blessings.
3. Final Commands: {وَاتَّقُوا اللَّهَ} (And fear Allah) in all His commands and prohibitions. {وَاعْلَمُوا أَنَّ اللَّهَ بِكُلِّ شَيْءٍ عَلِيمٌ} (And know that Allah is Knowing of all things).

{وَإِذَا طَلَّقْتُمُ النِّسَاءَ فَبَلَغْنَ أَجَلَهُنَّ فَلَا تَعْضُلُوهُنَّ أَن يَنكِحْنَ أَزْوَاجَهُنَّ إِذَا تَرَاضَوْا بَيْنَهُم بِالْمَعْرُوفِ ۚ ذَٰلِكُمْ يُوعَظُ بِهِ مَن كَانَ مِنكُمْ يُؤْمِنُ بِاللَّهِ وَالْيَوْمِ الْآخِرِ ۚ ذَٰلِكُمْ أَزْكَىٰ لَكُمْ وَأَطْهُرٌ ۚ وَاللَّهُ يَعْلَمُ وَأَنتُمْ لَا تَعْلَمُونَ}

When you divorce women and they have fulfilled their term, do not prevent them from remarrying their [former] husbands if they agree among themselves according to what is just. That is instructed to whoever among you believes in Allah and the Last Day. That is purer for you and cleaner. And Allah knows while you do not know.