Surah At-Talaq (Divorce) - Chapter 65

Twelve verses, Medinan.

Tafsir Points (Based on Al-Razi's approach):

1. Addressing the Prophet (PBUH): The address is to the Prophet (يا أيها النبي), but the command (إذا طلقتم النساء) is general, applying to all Muslims, as is common in the Quran when the Prophet is addressed regarding general rulings.

2. The Command to Divorce According to the Period (لعدتهن): This is the core ruling. It means divorce should occur when the woman is in a state where the waiting period (Iddah) can be correctly counted.
   • This implies divorce should not occur during menstruation or while the woman is in a state of purity (Tuhur) in which intercourse has taken place.
   • The consensus is that the proper time for divorce is when the woman is pure and has not been approached by her husband during that period of purity.

3. Calculating the Period (وأحصوا العدة): This is an emphasis on meticulous accounting of the Iddah to ensure rights are maintained and the marriage status is clear.

4. Fear of Allah (واتقوا الله ربكم): This is a general command to observe all divine limits, especially concerning divorce, which carries great weight.

5. Prohibition of Expulsion (لا تخرجوهن من بيوتهن ولا يخرجن):
   • The husband is forbidden from forcing his wife out of the marital home during her Iddah (whether it is the Iddah of divorce or waiting for the return during revocable divorce).
   • The wife is also forbidden from leaving the home on her own initiative.

6. Exception to the Prohibition (إلا أن يأتين بفاحشة مبينة): The only exception allowing expulsion (or departure) is if the wife commits an "evident immorality" (Fahisha Mubayyinah).
   • Interpretation of Fahisha: Scholars differ on what this means:
     • Some say it refers to adultery (Zina).
     • Others say it refers to severe misconduct or disobedience (Nushuz) that justifies separation or expulsion according to Sharia.

7. These are the Limits of Allah (وتلك حدود الله): This emphasizes that the rules regarding the timing of divorce and the residence during Iddah are fixed divine boundaries that must not be crossed.

8. Consequence of Transgression (ومن يتعد حدود الله فقد ظلم نفسه): Whoever violates these limits harms only himself, as he incurs divine punishment and disrupts the order established by God.

9. Hope for Divine Mercy (لا تدري لعل الله يحدث بعد ذلك أمرا): This is a crucial encouragement, especially regarding revocable divorce (Talaq Raj'i).
   • It implies that even after the divorce pronouncement, reconciliation might occur. The waiting period allows time for reflection, and perhaps God will inspire the couple to reconcile, or perhaps a new, better situation will arise. This softens the finality of the initial pronouncement.

Divorce (Al-Talaq): (1) O Prophet...

Connection to the Preceding Chapter (Al-Taghabun)

The connection to the preceding verses is established because Allah Almighty said at the beginning of that Surah (Al-Taghabun): {To Allah belongs all that is in the heavens and all that is on earth, and to Him is all praise, and He is over all things competent} (64:1). Sovereignty requires action in a manner that establishes the order of the realm, and praise requires that this action be done justly and benevolently toward those being acted upon, and with the power to prevent anyone from interfering. The establishment of rulings in this Surah implies these necessary aspects without requiring deep contemplation. Thus, this Surah has a relationship with the preceding one.

The connection between the end of the previous Surah and the beginning of this one is that Allah indicated His complete knowledge at the end of Al-Taghabun by saying: {Knower of the unseen} (64:18). In the beginning of this Surah, He indicates His complete knowledge regarding the welfare of women and the specific rulings related to their divorce. It is as if He explained the general principle through these specific instances.

Occasion of Revelation (Asbab al-Nuzul)

Regarding the phrase: {O Prophet, when you divorce women...}

1. It is narrated from Anas (may Allah be pleased with him) that the Messenger of Allah (peace be upon him) divorced Hafsa, and she went to her family. Then this verse was revealed, and he was told to take her back, as she was one who fasted frequently and prayed often. On this basis, the verse was revealed concerning her leaving to her family after the Prophet divorced her, and Allah revealed: {and they should not leave their homes}.
2. Al-Kalbi said that the Prophet (peace be upon him) became angry with Hafsa because she disclosed a secret to 'A'ishah, so he divorced her with one pronouncement, and this verse was revealed.
3. Al-Suddi said it was revealed concerning 'Abdullah ibn 'Umar when he divorced his wife while she was menstruating, and the story of that is well-known.
4. Muqatil said it was revealed concerning men who did what Ibn 'Umar did, such as 'Amr ibn Sa'id ibn al-'As and 'Utbah ibn Ghazwan.

Interpretation of the Address

Regarding His saying: {O Prophet, when you divorce women...} there are two interpretations:

1. He addressed the Prophet (peace be upon him) first, and then addressed his Ummah because he is their master and role model. When the address is in the plural form, his Ummah is included in that address. Abu Ishaq said: "This is an address to the Prophet (peace be upon him), and the believers are included with him in the address."
2. The meaning is: O Prophet, tell them: "When you divorce women," implying the command to speak. Al-Farra' said: He addressed him and made the ruling apply to everyone, just as you say to a man: "Woe to you! Do you not fear Allah? Are you not ashamed?"—meaning him and his household.

Meaning of "When You Divorce"

And {when you divorce} means: when you intend to divorce, similar to His saying: {O you who have believed, when you intend to [stand for] prayer...} (Al-Ma'idah: 6), meaning when you intend prayer. This has been discussed previously.

Meaning of "Divorce Them for Their Prescribed Period"

And His saying: {so divorce them for their prescribed period (li-'iddatihinna)}.

'Abdullah [Ibn Mas'ud] said: When a man intends to divorce his wife, he should divorce her in a state of purity (Tuhur) without prior intercourse. This is the view of Mujahid, 'Ikrimah, Muqatil, and Al-Hasan. They said: Allah commanded the husband to divorce his wife, if he desires divorce, during a period of purity in which he has not had intercourse with her. This is His saying: {for their prescribed period}, meaning the time of their waiting period, which is the state of purity, by the consensus of the Ummah.

Another view is that it means: to make their waiting period apparent.

A group of commentators said: Divorce for the Sunnah is to divorce her while she is pure, without intercourse. In summary, divorce during a state of purity is binding; otherwise, the divorce would not be according to the Sunnah.

Divorce according to the Sunnah is only conceivable for a mature woman who has experienced consummation, is not past menopause, and is not pregnant, as there is no Sunnah for a minor, one who has not experienced consummation, one past menopause, or a pregnant woman (since there is no waiting period based on menstrual cycles).

There is no Sunnah or innovation regarding the number of divorces according to the Shafi'i school. Even if he pronounces three divorces in one pure interval, it is not considered an innovation, contrary to the view of the people of Iraq, who said the Sunnah regarding the number of divorces is to pronounce each divorce in a separate pure interval.

The author of Al-Nathm said: {so divorce them for their prescribed period} is a description of the divorce, indicating how it should be done. This lām (preposition) comes for various meanings: for addition (which is its origin), to explain the reason or cause (like His saying: {We feed you only for the Countenance of Allah} [76:9]), or equivalent to ‘inda (at/when) (like His saying: {establish prayer at the declining of the sun} [17:78], meaning at the time of the sun's decline), or equivalent to fī (in) (like His saying: {It is He who expelled the disbelievers among the People of the Scripture from their homes at the first gathering} [59:2]).

In this verse, it means fī ‘iddatihinna (in their waiting period), i.e., in the time frame suitable for their waiting period.

The author of Al-Kashshaf said: Divorce them anticipating their waiting period, like saying, "I came to him for the last night of Muharram," meaning anticipating it.

In the recitation of the Prophet (peace be upon him), it is read: (min qabli ‘iddatihinna) (before their waiting period). If a woman is divorced during the pure interval preceding the first menstrual cycle, she has divorced her anticipating the waiting period.

The intention is that he should divorce her during a period of purity in which he has not had intercourse with her, leaving her until her waiting period is complete. This is the best and most Sunnah-compliant form of divorce, and the furthest from regret.

This is supported by what is narrated from Ibrahim al-Nakha'i: The Companions of the Messenger of Allah (peace be upon him) preferred not to divorce their wives according to the Sunnah except once, and then not divorce again until the waiting period ended. This was considered better by them than a man pronouncing three divorces.

Malik ibn Anas said: "I know no divorce except one," and he disliked three divorces, whether given together or separately.

As for Abu Hanifa and his companions, they only disliked more than one divorce in a single pure interval. It is narrated that the Prophet (peace be upon him) said to Ibn 'Umar when he divorced his wife while she was menstruating: "Did Allah not command you thus? The Sunnah is to commence the purity interval and divorce her once for each cycle."

According to Al-Shafi'i, there is no harm in sending three divorces at once, and he said: "I do not know of any Sunnah or innovation regarding the number of divorces; it is permissible."

• Malik considers the single divorce and the timing for the Sunnah divorce.
• Abu Hanifa considers the separation [of the divorces] and the timing.
• Al-Shafi'i considers the timing alone.

Meaning of "And Count the Period"

And His saying: {and count the period (wa aḥṣū al-‘iddah)}. This means: Preserve the count of her menstrual cycles, safeguard the rights and obligations incumbent during the waiting period, and preserve the very thing by which she counts, which is the number of her periods.

Making the counting incumbent upon the husbands allows for two interpretations:

1. They are the ones obligated to provide maintenance and expenses.
2. So that the lineage of children conceived during the waiting period can be established.

Issues Concerning Divorce Rulings

There are several discussions in the verse:

We say: It is called an innovation (bid'ah) because if she is divorced while menstruating, she does not count the days of her period toward her waiting period; rather, it extends beyond three cycles, making her waiting period long, as if it were four cycles. She remains in the state of menstruation during which she was divorced, resembling a suspended woman—neither fully observing iddah nor fully a wife. Intellectually, causing harm is reprehensible.

If she is divorced during a pure interval following intercourse, one cannot be certain that she is not pregnant from that intercourse. If the husband knew she was pregnant, he might not have divorced her, as a man might desire to divorce his wife if there is no child, but not if she is pregnant with his child. If he divorces her while having intercourse, believing her to be non-pregnant, but she turns out to be pregnant, he regrets the divorce. Thus, divorcing her during menstruation shows poor consideration for the woman.

Divorcing her during a pure interval during which intercourse occurred, while she is pregnant, shows poor consideration for the husband.

If she is divorced while pure and without intercourse, these two issues are avoided, because her waiting period begins immediately after the divorce. Thus, she completes three cycles. The husband is also outwardly safe from the possibility of her carrying a child from him.

Yes, it takes effect, but the husband is sinful. This is based on the narration that a man divorced his wife three times in front of the Prophet (peace be upon him), and the Prophet said: "Do you play with the Book of Allah while I am among you?"

According to Abu Hanifa and Abu Yusuf, for a minor, one past menopause, or a pregnant woman, the three divorces should be separated by months. Muhammad and Zufar said: Divorce according to the Sunnah is only pronounced once. As for one who has not experienced consummation, divorce according to the Sunnah is only pronounced once, and the timing [of purity] is not considered.

The narrations from our companions differ on this. The apparent view is that it is disliked.

{When you divorce women} is general, encompassing those who have experienced consummation, those who have not, those who count by cycles, those past menopause, minors, and pregnant women. How can it be valid to restrict it only to those who count by cycles and those who have experienced consummation?

We say: There is neither absolute generality nor absolute specificity. Rather, al-nisā' (women) is a generic noun for the female sex among humans. This generic meaning exists in all of them, and in some of them specifically. Therefore, it is permissible for al-nisā' to refer to this general meaning and also to a specific subset. When it was said: {so divorce them for their prescribed period}, it became clear that it referred to some of them—those who have experienced consummation and count by menstruation, as mentioned in Al-Kashshaf.

Rulings on Staying in the Home

Then Allah Almighty said: {And keep yourselves in awe of Allah, your Lord. Do not make them leave their homes, nor should they leave, except if they commit a clear immorality. And those are the limits of Allah. And whoever transgresses the limits of Allah...}

Regarding His saying: {And keep yourselves in awe of Allah (Ittaqū Allāh)}. Muqatil said: Fear Allah and do not disobey Him in what He has commanded.

And {Do not make them leave}: Do not expel women observing iddah from the residences where you lived with them before the divorce. If the residence was rented, and the divorce was revocable (raj'i), the husbands must provide other residences, either by purchase or rent, or otherwise.

And [they should not leave] themselves, out of obedience to Allah, except out of apparent necessity. If she leaves, day or night, that departure is forbidden (ḥarām), and her waiting period is not interrupted.

Regarding His saying: {except if they commit a clear immorality (fāḥishah mubayyinah)}.

• Ibn 'Abbas said: It means if they commit adultery, they are expelled for the implementation of the prescribed punishment (ḥadd) upon them.
• Al-Ḍaḥḥāk and the majority said: Immorality, in this view, is adultery.
• Ibn 'Umar said: Immorality is their leaving before the waiting period ends.
• Al-Suddi and the rest said: The clear immorality is manifest disobedience (nushūz).
• It is narrated from Ibn 'Abbas: Except if they are indecent (yabdhū), then it is permissible to expel them due to their indecency and bad character, and it is permissible for the husbands to expel them from their homes.

Discussions on the Residence Ruling

The right to residence during the waiting period, once divorce is pronounced, is a right belonging solely to the woman. Therefore, she has the right to nullify it. The reasoning is that as long as the couple remains married, their purpose is companionship and enjoyment. For this to be complete, the woman must be prepared for the times the husband needs her. This is only achieved if he provides for her necessities: food, drink, condiments, clothing, and housing. These are all included in the means that complete the enjoyment mentioned. Beyond this is the right to protect her chastity, etc.

When separation occurs, the original basis—enjoyment—ceases, and the cessation of the means leading to it (maintenance) follows. Maintenance is needed for her protection, and housing in this state is considered one of the means that establish her protection. Thus, housing in this state is not exclusive to the husband. Protecting her chastity is a right of Allah, and the spouses cannot agree to waive it. Therefore, she cannot leave, even if the husband consents, nor can he expel her, unless there is a necessity, such as the collapse of the house, eviction by an usurper, the expiration of a rental contract, fear of sedition (fitnah), flood, fire, or any other danger to life. When the reason for her departure ends, she must return to her original dwelling.

Why did He say: {And keep yourselves in awe of Allah, your Lord} and not just "And keep yourselves in awe of Allah"?

The word Rabb (Lord) implies an intensification of awe, as the term Tarbiyah (nurturing/upbringing) suggests multiple layers of bestowal and honor. Therefore, they should be extremely cautious in their piety, fearing the loss of that nurturing.

What is the meaning of combining "Do not make them leave" and "nor should they leave"?

"Do not make them leave" means the husbands should not expel them out of anger, dislike of cohabitation, or need for the dwelling, nor should they permit them to leave if they request it, indicating that their permission has no effect in lifting the prohibition. "Nor should they leave" means they should not leave on their own initiative if they desire it.

It is recited as bi-fāḥishatin mubayyinatin (with a clear immorality—genitive case) and bi-fāḥishatin mubayyinatan (with a clear immorality—accusative case).

• Whoever reads mubayyinatin (genitive) means that the immorality itself, when contemplated, becomes evident as an immorality.
• Whoever reads mubayyinatan (accusative) means it is proven by evidence and clarified by arguments.

Limits of Allah

And His saying: {And those are the limits of Allah}. The limits (ḥudūd) are the barriers against transgression, such as prohibitions. Literally, a limit is the boundary to which something reaches.

Muqatil said: What was mentioned regarding the Sunnah divorce and the subsequent rulings refers back to this.

And {And whoever transgresses the limits of Allah}. This is a severe warning for whoever transgresses the Sunnah divorce, or divorces outside the prescribed period. {he has wronged himself}, meaning he has harmed himself. It is also possible that the meaning is: whoever exceeds the limit Allah has set has placed himself in a position Allah has not assigned him, and injustice (ẓulm) is placing something in a place other than its proper place.

Hope for Reconciliation

And His saying: {You do not know; perhaps Allah will bring about after that a matter}.

Ibn 'Abbas said: This refers to regret over the divorce and the desire to take her back during the waiting period. This indicates that it is recommended to pronounce divorces separately (one by one). Abu Ishaq said: If he divorces her three times at once, there is no meaning to His saying: {perhaps Allah will bring about after that a matter}.

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