Al-Baqarah: (235) And there is no blame upon you...

The Almighty's Saying: {And there is no blame upon you concerning that which you have indicated concerning the proposal to women or kept within yourselves. Allah knows that you will mention them. But do not make a secret agreement with them except for a statement of recognized good...}

Issue 1: The Meaning of Ta'rīḍ (Indication/Hinting)

• Definition: Ta'rīḍ (indication) is the opposite of Taṣrīḥ (explicit statement). It means embedding in one's speech something that can signify the intended meaning, yet also be interpreted otherwise.
• Nuance: The indication towards the intended meaning is stronger and more probable.
• Etymology: It originates from ʿArḍ (side/flank), as if one is circling around the intended meaning without revealing it directly.
• Example: A needy person telling another who can help: "I came to greet you and to look upon your noble face." (Similar to the poetry: "And the greeting from me is sufficient as a request.")
• Comparison with Kināyah (Metaphor/Allusion): Kināyah involves mentioning the necessary attributes of a thing (e.g., "He has a long scabbard," "He has much ash"). Ta'rīḍ involves using speech that is ambiguous, yet the context strongly suggests the intended meaning.
• Meaning of Khuṭbah (Proposal):
  1. Al-Farrāʾ's View: Khuṭbah is a verbal noun derived from Khuṭb (matter/affair). Thus, "So-and-so proposed to her" means he asked her about a matter concerning herself.
  2. Second View: It originates from Khitāb (speech), as one speaks during the marriage contract. Khuṭbah also means admonition or preaching, as great matters require much speech.

Issue 2: Categories of Women Regarding Proposal (Khuṭbah)

Women fall into three categories concerning the permissibility of proposal (explicitly or by indication):

This applies to women who are unmarried and unengaged. Since marriage is permissible for them, proposal is certainly permissible.

• Exception: The Prophet's saying: "No one among you should propose to a woman who is already being proposed to by his brother."
• Three Situations regarding this Prohibition:
  1. Acceptance: If the first suitor's proposal is explicitly accepted, it is forbidden for others to propose.
  2. Explicit Refusal: If there is an explicit refusal, it becomes permissible for others to propose.
  3. Silence: If there is neither explicit acceptance nor explicit refusal, Shāfiʿī has two opinions:
     • Opinion 1: It is permissible for others to propose, as silence does not necessarily imply consent.
     • Opinion 2 (The Old View, held by Mālik): Silence does not imply dislike either. There might be underlying desire from certain aspects, and a second proposal might eliminate that remaining desire.

This applies to a woman currently married to someone else. Proposing to her might disturb her relationship with her husband, potentially leading her to neglect her marital duties, which is forbidden.

• Also Included: A woman in Rujʿī waiting period (revocable ʿiddah), as she is legally treated as married (divorce, liʿān, inheritance, and ʿiddah duration are valid).

This applies to a woman in a non-revocable waiting period (Bāʾin), which has three sub-categories:

1. Widow (ʿIddat al-Wafāh):
   • Permissible: Indication (Taʿrīḍ) is allowed, based on the verse's context following the mention of the deceased's husband.
   • Forbidden: Explicit proposal (Taṣrīḥ) is not allowed. Shāfiʿī argues that since indication was permitted with a condition of "no blame," explicit proposal must be contrary to that. Furthermore, explicit proposal only implies marriage, which might tempt her to lie about the end of her ʿiddah. Indication is safer as it can imply other meanings.

2. Woman in ʿIddat al-Talāq al-Thalāth (Waiting period after Triple Divorce):
   • Shāfiʿī has differing views: In Al-Umm, he disliked indication. In the Qadīm and Imlāʾ, he permitted it because she is not currently in a marriage bond, resembling the widow.
   • Reason for Prohibition: The ʿiddah of a widow ends by a fixed term (months), making deception about its end less likely. For a triple divorcee, the ʿiddah ends upon her becoming pure (Iqrāʾ), so her desire for a suitor might tempt her to falsely claim purity prematurely.

3. Irrevocably Divorced Woman (Bāʾin) Whose Husband Can Remarry Her During Her ʿIddah (e.g., Khulʿ, annulment due to defect, impotence, or inability to provide maintenance):
   • For the Husband: Both indication and explicit proposal are allowed, as he has the right to remarry her during the ʿiddah.
   • For Others: Explicit proposal is forbidden. Regarding indication, there are two views:
     • View 1: Permitted, like the widow or triple divorcee.
     • View 2 (The Stronger View): Forbidden, because she is in an ʿiddah during which her husband can remarry her, similar to the revocable ʿiddah.

Issue 3: Examples of Taʿrīḍ (Indication)

Shāfiʿī stated that indication is abundant. Examples include:

• "Many desire you."
• "Who can find someone like you?"
• "I am not widowed; if I become free, notify me."

Other commentators mentioned:

• "You are beautiful."
• "You are righteous."
• "You are beneficial to us."
• "It is my intention to marry."
• "I desire you."

Meaning of {Or kept within yourselves} (Aw Aknantum fī Anfusikum)

• Iknān (Keeping within): Means hiding and concealing. Al-Farrāʾ noted two forms: Kanantuhu and Aknantuhu, both meaning to conceal in a repository (Kinn).
• Distinction (by some scholars): Kanantu means to preserve something even if it is not hidden (e.g., preserved pearls, a guarded maiden). Aknantu means to harbor or conceal something from others, the opposite of declaring or revealing.
• Purpose in the Verse: The verse permits indicating a proposal to a woman in the waiting period after her husband's death, and it also permits harboring the desire for her.

Addressing a Potential Objection:

• Objection: Since indicating a proposal is a higher level of action than merely harboring a desire, why mention harboring desire afterward, as it seems redundant?
• Response: The verse distinguishes between what is permissible now and what is intended for the future.
  • The first part permits indication now while prohibiting explicit proposal now.
  • The second part permits harboring the intention to propose explicitly after the waiting period ends.
• Reason for Permissibility: Allah knows that when sexual desire arises concerning marriage, it is almost always accompanied by resolve and longing. Since suppressing this thought is difficult, Allah removed the blame for it.

{But do not make a secret agreement with them} (Wa Lākin Lā Tuwāʿidūhunna Sirran)

1. Sirr as an adjective describing the promise: Do not make a secret promise to them.
   • Possibility A: Promising marriage secretly. This means the first part of the verse permits indication, and the latter part forbids explicit proposal (even secretly).
   • Possibility B: Promising sexual intercourse (Rafth). Discussing such matters between unrelated men and women is forbidden (cf. Qur'an 33:32).
   • Possibility C (Al-Hasan's View): Promising adultery. The judge objects, arguing that all secret promises are forbidden, so it is better to restrict the prohibition to the context of the suitor during ʿiddah.
   • Response to C: It is narrated that a man might approach a woman during her ʿiddah, suggest intercourse, and promise to formalize the marriage after her ʿiddah ends. Allah forbade this.
   • Possibility D: A man secretly promising the woman that he will not marry anyone else.
   • Possibility E: A man secretly corresponding with the unrelated woman, which breeds suspicion.

2. Sirr as the object of the promise: Do not promise them something described as Sirr.
   • Possibility A: Sirr means sexual intercourse. (Poets use it this way, e.g., Imru' al-Qays and Al-Farazdaq). Ibn Abbas said it means the man should not describe his sexual prowess to her.
   • Possibility B: Sirr means marriage, as intercourse is called Sirr, and naming a cause by its effect is permissible.

{Except for a statement of recognized good} (Illā An Taqūlū Qawlan Maʿrūfan)

Question: To what is this exception attached?

Answer: Allah permitted indication at the beginning, then forbade secret dealings to avoid suspicion. This exception permits secretly communicating "recognized good," such as promising her kindness, looking after her affairs, and taking responsibility for her needs, which reinforces the permissible indication.

{And do not resolve upon the knot of marriage until the prescribed term reaches its end}

1. Resolve to Act: ʿAzm means the heart's decision to perform an action (cf. Qur'an 3:159: "And when you have resolved, then rely upon Allah"). Since resolve precedes the action, the verse implies an omitted verb: "Do not resolve upon the knot of marriage." Sibawayh noted that such omission is not standard grammar. The intent is to emphasize the prohibition against marriage during ʿiddah, as prohibiting the resolve is stronger than prohibiting the act itself.

2. Imposition/Obligation: ʿAzm can mean imposing something (e.g., "I impose this upon you"). This aligns with divine decree. The verse means: "Do not finalize or execute the marriage contract until the term ends." This view is preferred by most scholars.

3. Al-Qaffāl's View: The meaning is: "Do not resolve upon them to tie the knot of marriage," similar to saying, "I resolved upon you to do such-and-such."

• ʿUqdah (Knot) fundamentally means tightening. Marriages and covenants are called ʿuqūd because they are tied like a rope.

1. The Written Term: Al-Kitāb means what is written down (the prescribed ʿiddah period). The meaning is until the decreed waiting period concludes.
2. The Obligation Itself: Al-Kitāb means the obligation, like {Fasting is prescribed for you} (Qur'an 2:183). The meaning is until this obligation reaches its end. Using the word Kitāb is effective because what is written down feels more established and firm in people's minds. The particle Ḥattā (until) implies that the preceding prohibition ceases once the term is fulfilled.

Allah concludes with a warning: {And know that Allah knows what is within yourselves, so fear Him}. Since Allah knows the secret and the public, one must be cautious in all actions. This is followed by a promise: {And know that Allah is Forgiving, Forbearing}.

The Fifteenth Ruling: The Ruling on a Divorced Woman Before Consummation

{There is no blame upon you if you divorce women whom you have not touched nor stipulated a dowry for them. But provide for them, the wealthy according to his means and the needy according to his means, a provision in a recognized good manner. This is a duty upon the doers of good.}