Al-Baqarah: (232) And when you divorce women...

This is the sixth ruling concerning divorce, which is the ruling regarding the divorced woman after the completion of her iddah (waiting period). There are several issues within this verse:

Issue 1: The Cause of Revelation

There are two views regarding the reason for the revelation of this verse:

1. The first narration: It is reported that Ma'qil ibn Yasar divorced his sister, Jamil bint 'Abd Allah ibn 'Asim. He left her until her iddah ended, then regretted it and sought to marry her again. The woman agreed. Ma'qil told her, "I divorced you, and now you want to take me back? My face is forbidden to you if you return to me." Then Allah revealed this verse. The Messenger of Allah (peace be upon him) summoned Ma'qil ibn Yasar and recited this verse to him. Ma'qil said, "I submit to my Lord's command, O Allah, I consent and submit to Your command," and he married his sister back to her husband (i.e., he allowed the marriage to proceed).
2. The second narration: It is reported from Mujahid and al-Suddi that Jabir ibn 'Abd Allah had a cousin whose husband divorced her. After her iddah, the husband wanted to take her back, but Jabir refused. Then Allah revealed this verse. Jabir used to say that this verse was revealed concerning him.

Issue 2: The Meaning of ‘Adl (Preventing Marriage)

‘Adl means prevention. It is said, "So-and-so prevented (‘adala) his daughter from marrying," using both the ḍammah (u) and kasrah (i) on the letter ḍād. Al-Akhfash cited poetry:

"And my poems are for you, so accept me, Noble ones who have been prevented from marriage."

The linguistic origin of ‘aḍl is tightness or constriction. It is said that a woman is ‘aḍalat if the child becomes stuck in her womb. Similarly, a sheep is ‘aḍalat, and the land is ‘aḍalat by an army if it becomes tight for them due to their large numbers. Al-Aws ibn Hajar said:

"You see the land, from us, in open space, sick, Constricted by us by a dense army."

The physicians were baffled (a‘ḍala) by the sick person, meaning they were unable to treat him. The muscle (‘aḍalah) is named so because the moving powers originate from it. It is also said, dā’ ‘uḍāl (an intractable ailment) for a severe matter. Hence the saying of Aws:

"And your steadfast brother is not the one Who blames you when he turns away and pleases you when he approaches, But rather he is distant when you are safe, And your closest companion when the matter becomes severe."

Issue 3: To Whom is the Prohibition Addressed?

The exegetes differed on whom the address {So do not prevent them} is directed towards.

The majority held that it is addressed to the guardians (awliyā’).

Some held that it is addressed to the husbands, which is the preferred view. This is supported by the fact that the verse {And when you divorce women and they have fulfilled their term...} is a single sentence composed of a condition and a consequence. The condition is {And when you divorce women and they have fulfilled their term}, and the consequence is {so do not prevent them}. Undoubtedly, the condition, {And when you divorce women}, is addressed to the husbands. Therefore, the consequence, {so do not prevent them}, must also be addressed to them, as otherwise the meaning would be: "When you (husbands) divorce women, do not prevent them (guardians)." In that case, there would be no correspondence between the condition and the consequence, which would break the coherence of the speech. It is obligatory to maintain the perfection of Allah's speech, so this is a strong argument for this position.

This is further confirmed by two other points:

1. From the beginning of the divorce verses up to this point, the address has been entirely to the husbands; the guardians have not been mentioned at all. Diverting this address to the guardians would contradict the established pattern.
2. The preceding verse addresses the husbands regarding how to treat women before the iddah ends. If we interpret this verse as addressing them regarding how to treat women after the iddah ends, the discourse remains coherent and well-ordered. If we direct it to the guardians, this beautiful and subtle arrangement is lost. Therefore, directing the address to the husbands is preferable.

Arguments for the view that the verse addresses the guardians:

1. The primary argument: The famous narrations regarding the cause of revelation indicate that this verse addresses the guardians, not the husbands.
   • Rebuttal: When this argument conflicts with the argument based on the coherence of the text (which we preferred), maintaining the coherence of the text is more important than maintaining a single report (khabar wāḥid). Furthermore, the narrations themselves are contradictory. It is reported from Ma'qil that he said if this verse were addressed to the husbands, it would either apply before the iddah ends or after it ends.
     • The first case (before iddah ends) is false because that meaning is already established by other verses; applying this verse here would be redundant.
     • The second case (after iddah ends) is also false because the husband has no power to prevent her marriage after the iddah ends.
   • Further rebuttal to the second case: A man might intensely regret divorcing his wife after her iddah and become jealous if he sees someone else proposing to her. In that case, he might prevent her from marrying another by denying the divorce, claiming he revoked the divorce during the iddah, threatening those who propose, or by speaking ill of her to repel suitors. Allah forbade husbands from these actions, indicating that refraining from them is purer and better for them.

2. The third argument: The phrase {that they marry their former husbands} means: "Do not prevent them from marrying those who were their husbands before." This makes sense only if the address is to the guardians, as they are the ones who would prevent a woman from returning to a previous husband. If the address is to the husbands, this phrasing does not fit.
   • Rebuttal: The meaning of {that they marry their former husbands} can be interpreted as "those whom they wish to marry, and thus they will become husbands." The Arabs sometimes name a thing by what it will become. This concludes the discussion on this point.

Issue 4: The Validity of Marriage Without a Guardian

Imam al-Shafi'i relied on this verse to argue that marriage without a guardian is invalid. His deduction is based on the premise that the address here is to the guardians. He argued: If this is established, then marriage arrangement must belong to the guardians, not the women. If the woman could marry herself or appoint an agent, the guardian would not be able to prevent her marriage (‘aḍl). Since Allah forbade the guardian from ‘aḍl, he must have the power to prevent it. If the guardian has the power to prevent it, the woman cannot be empowered to contract the marriage herself.

We have already discussed the premise that the address is to the guardians. Even if we accept this premise, why couldn't the meaning of {And do not prevent them} be interpreted as "leave her to her own opinion in this matter"? This is because divorced women often defer to the opinion of their guardians in marriage matters, even if they have the legal right to seek permission. In that case, the guardians would have the power to prevent her marriage because they control her marriage arrangements. Thus, the prohibition is understood in this sense, a view transmitted from Ibn 'Abbas in his tafsir. Furthermore, ‘aḍl on the part of the guardian becomes impossible to enforce, because whenever he prevents her, his prevention has no effect (since she can marry herself). Therefore, the occurrence of ‘aḍl from him is not considered.

Imam Abu Hanifa relied on the phrase {that they marry their former husbands} to argue that marriage without a guardian is permissible. He said that Allah attributed the act of marriage to her as attributing an action to its doer, and the transaction to the direct agent. He forbade the guardian from preventing her from doing this. If this action were invalid, the guardian would not be forbidden from preventing her from it. They argue this text is reinforced by:

• {until she marries a husband other than him} (Al-Baqarah: 230).
• {And when they have fulfilled their term, there is no blame upon you for what they do concerning themselves in an acceptable manner} (Al-Baqarah: 234). Arranging her marriage to a suitable match is an acceptable action, so it must be valid. The attribution of the action is to the direct agent, not just the one being addressed.
• Furthermore, {And a believing woman who dedicates herself to the Prophet, if the Prophet wishes to marry her...} (Al-Ahzab: 50) is clear evidence, and there was absolutely no guardian present there.

The companions of Al-Shafi'i responded that an action can be attributed not only to the direct agent but also to the cause (mutasabbib). It is said, "The prince built a house," or "The ruler minted a dinar." Although this is metaphorical, we must resort to it because the ahadith indicate the invalidity of such a marriage (without a guardian).

Issue 5: The Meaning of "Fulfilled Their Term" (Balaghna Ajalahunna)

The phrase {and they have fulfilled their term} in this verse refers to the completion of the iddah.

Imam al-Shafi'i said that the context of the two statements indicates a distinction between the two instances of reaching the term. In the preceding verse: {And when they have fulfilled their term, then either retain them in fairness or separate from them in fairness}. If her iddah had ended, Allah would not have said, {then either retain them in fairness}, because retaining a woman after her iddah is not permissible. Nor would He have said, {or separate from them in fairness}, because she is already considered separated (musarrah) after the iddah ends, so there is no need for a formal separation.

However, in the verse we are discussing, Allah forbids preventing them from marrying (other) husbands. This prohibition is only appropriate at the time when she can marry other husbands, which is after the iddah ends. This is what Imam al-Shafi'i meant by saying the context of the two statements indicates a distinction between the two instances of reaching the term.

Regarding the phrase: {if they both agree upon weaning by mutual consent and consultation}

There are two issues concerning this phrase:

1. One meaning is that which conforms to the Shari'ah: a lawful contract, a permissible mahr (dower), and just witnesses.
2. The second meaning is that it contradicts what was mentioned in {nor retain them to cause harm and commit aggression} (Al-Baqarah: 231). Thus, the meaning of the verse is that each party agrees to what is incumbent upon them in this contract so that beautiful companionship and lasting affection may be achieved.

Some said that mutual consent according to what is acceptable (bi-l-ma‘rūf) means the customary dower (mahr al-mithl). Based on this, they derived a jurisprudential issue: If a woman marries herself and reduces the dower significantly below the customary amount, the marriage is valid according to Abu Hanifa, but the guardian has the right to object due to the reduction from the customary dower. Abu Yusuf and Muhammad said the guardian does not have that right.

Abu Hanifa's argument based on this verse: His argument rests on {if they both agree upon weaning by mutual consent}. Furthermore, by this reduction, she intends to bring shame upon the guardians, as guardians are harmed by this because they are criticized for low dowers and boast about high ones. For this reason, they conceal a small dower out of modesty and display a large dower out of ostentation. Also, the women of the clan are harmed because if the customary dower becomes obligatory for some of them, they would use this low dower as a precedent. Therefore, it is appropriate for the guardians to prevent her from this and act on behalf of the women of the clan.

Then, when Allah clarified the wisdom behind the command, He followed it with a warning: {That is instructed to whoever among you believes in Allah and the Last Day}. This is because admonition must include a warning against opposition, just as it includes encouragement toward compliance. Thus, the verse serves as a threat from this perspective.

Two Questions Regarding the Verse

Answer: This is permissible in Arabic; dualization is also permissible. The Qur'an was revealed in both forms. Allah says: {That is from what my Lord has taught me} (Yusuf: 37), and {So this is the one you blamed me for} (Yusuf: 32). He also says: {That is instructed to...} (singular) and {Did I not forbid you both concerning that tree?} (Al-A'raf: 22) (dual).

Answer: For several reasons:

1. Since the believer is the one who benefits from it, it is appropriate to specify it for them, similar to His saying: {A guidance for the pious} (Al-Baqarah: 2), although it is guidance for everyone, as He also says: {Guidance for mankind} (Al-Baqarah: 185). Also, {You are only a warner to those who fear it} (An-Nazi'at: 45) and {You only warn those who follow the reminder} (Ya-Sin: 11), even though he was a warner to all, as He said: {that it may be a warning to all worlds} (Al-Furqan: 1).
2. Some used this verse to argue that disbelievers are not addressed by the secondary religious rulings (furū‘ al-dīn). They argue that {That is} refers to the previously mentioned rulings, and since this is specified for believers, it indicates that the obligation of secondary religious laws only applies to believers. This is weak, as it is established that this obligation is general, e.g., {And to Allah belongs the pilgrimage to the House for all mankind} (Al 'Imran: 97).
3. Although the explanation of the rulings is general for all accountable persons, the fact that this explanation serves as admonition is specific to the believers. This is because these obligations are established for disbelievers through overwhelming, compelling, and miraculous proof. However, for the believer who affirms their truth, they are mentioned and explained as a means of reminder and warning.

Then He said: {That is better for you and purer}. Zakā (to grow/increase) is used for crops when they flourish. So, {better for you} refers to deserving eternal reward, and {purer} refers to the removal of sins and transgressions that lead to punishment.

Then He said: {And Allah knows and you do not know}. The meaning is that even if the accountable person knows the general benefit of these obligations, the specifics of these matters are unknown to him. Allah knows the quantity and quality of everything commanded and forbidden according to reality and estimation, as He knows infinitely many things. Since this is the case, it is correct to say: {And Allah knows and you do not know}. It could also mean: Allah knows who will act according to these obligations and who will not. In all interpretations, the purpose of the verses is to establish the method of promise and threat.

The Twelfth Ruling: On Breastfeeding