Tafsir of Al-Baqarah 2:226

[2:226] For those who swear off their wives...

• Abdullah (Ibn Mas‘ud) recited: “Alū min nisā’ihinna” (Those who have sworn off their wives).
• Ibn Abbas recited: “Yuqsimūna min nisā’ihinna” (Those who swear regarding their wives).
• If you ask: "How is it transitive with min (from) when it is usually transitive with ‘alā (upon)?" I say: The meaning of "distancing" is implied in this specific oath, as if it were said: "They distance themselves from their wives, swearing or taking an oath."
• It is also possible that the meaning is: "For those who swear off their wives, there is a waiting period of four months," similar to saying, "I have such-and-such from you."
• Al-Īlā’ (the oath) regarding a woman is for a man to say: "By Allah, I will not approach you for four months or more," restricted to months, or "I will not approach you" without qualification. It does not apply to a period less than four months, except for what is narrated from Ibrahim al-Nakha‘i.
• The ruling is: If he returns to her within the period by intercourse (if possible) or by speech (if he is unable), the return is valid. The capable person must offer an expiation for the oath, while the incapable person has no expiation.
• If the four months pass, she becomes separated by a divorce according to Abu Hanifa. According to al-Shafi‘i, Īlā’ is only valid for more than four months; then the one who swore is summoned: either he returns or he divorces. If he refuses, the judge divorces her on his behalf.

[2:226] ...then if they return...

• Meaning: If they return within the months, evidenced by Abdullah’s reading: "If they return in them (the months)."

[2:226] ...then indeed Allah is Forgiving, Merciful.

• He forgives the swearers for what they might have intended by seeking to harm their wives through the oath, which is the common case—though it is permissible that it be with their consent, out of compassion for the child regarding the mother's milk, or for other reasons—because the return is like repentance.

[2:227] And if they resolve upon divorce...

• Then wait until the period expires.

[2:227] ...then indeed Allah is Hearing, Knowing.

• A threat regarding their persistence and failure to return. According to al-Shafi‘i, it means: "If they return, and if they resolve [upon divorce] after the period has passed."

• If you ask: "What is the position of the fā’ (then) if the return is before the end of the waiting period?" I say: The position is correct because his saying "If they return" and "If they resolve" is a detailed explanation of his saying "For those who swear off their wives." Detail follows the detailed, just as you say: "I am your guest this month; if I find you praiseworthy, I will stay with you until the end, otherwise I will not stay longer than it takes me to move."

• If you ask: "What do you say regarding His saying 'Allah is Hearing, Knowing' when their resolve to divorce is something known and not heard?" I say: Usually, one who resolves to divorce, abandons the return, and intends harm is not free from arguing and grumbling; he must speak to himself and whisper about it, and that is a speech that no one hears except Allah, just as He hears the whisperings of Satan.

[2:228] And the divorced women shall wait...

• He intended those who have been consummated with and who have menstrual cycles.
• If you ask: "How is it permissible to intend them specifically when the wording implies generality?" I say: The wording is absolute in covering the genus, applicable to all or some of it. It came in one of the things it is applicable to, like a homonym.
• If you ask: "What is the meaning of informing about them regarding the waiting period?" I say: It is an informative statement in the sense of a command. The original speech is: "Let the divorced women wait." Expressing the command in the form of a statement is an emphasis of the command and an indication that it is something that must be met with haste in compliance, as if they had already complied with the command to wait, so He informs of it as an existing fact. Similar to their saying in supplication: "May Allah have mercy on you" (raḥimaka Allāh); it is expressed in the form of a statement, confident of the response, as if the mercy has already been found. Building it upon the subject (mubtada’) adds further emphasis. If it were said "And the divorced women shall wait" (wa-yatarrabaṣu), it would not have that same strength.

• If you ask: "Why was it not said 'They shall wait three cycles' as it was said 'Wait four months'? And what is the meaning of mentioning 'themselves' (anfusihinna)?" I say: Mentioning "themselves" is a stimulation for them to wait and an added incentive, because it contains something they might find burdensome, which compels them to wait. This is because women's souls are inclined toward men, so they were commanded to suppress their souls, overcome that inclination, and force them to wait.

• Qurū’ is the plural of qur’ or qir’, which is menstruation, evidenced by the Prophet’s saying: "Leave the prayer during the days of your aqrā’ (menstruation)." And his saying: "The divorce of a slave woman is two pronouncements, and her waiting period is two menstruations," and he did not say "two periods of purity." And the Almighty’s saying: "And those who have despaired of menstruation among your women, if you are in doubt, their waiting period is three months." He placed the months in the position of menstruation, not purity. This is because the primary purpose of the waiting period is the purification of the womb, and menstruation is what purifies the womb, not purity. That is why the purification of a slave woman is by menstruation.

• It is said: "A woman has aqra’at (menstruated)."
• If you ask: "What do you say regarding His saying: 'Divorce them for their waiting period' (65:1), and legal divorce is only during purity?" I say: It means "facing their waiting period," just as you say: "I met him with three [days] remaining of the month," meaning facing three. Their waiting period is the three menstruations.

• If you ask: "What do you say regarding the poet al-A‘sha’s saying: 'For what was lost in it of your women’s qurū’?'" I say: He meant the waiting period of your women, due to the fame of qurū’ among them for counting. He meant a long period like the period in which women wait; he extended the duration of his absence from his family every year due to his plunging into wars and raids.

• If you ask: "On what basis is 'three qurū’' in the accusative?" I say: As a direct object, like saying "The hoarder waits for the price rise," meaning they wait for the passing of three cycles, or as an adverb of time, meaning they wait for the duration of three cycles.

• If you ask: "Why did the specifier come as a plural of multitude (qurū’) rather than the plural of paucity (aqrā’)?" I say: They are flexible in this, using each of the two plurals in place of the other because they share the quality of being plural. Do you not see His saying "with themselves" (bi-anfusihinna), and they are many souls? Perhaps qurū’ was more commonly used as the plural of qur’ than aqrā’, so it was preferred, treating the rarely used form as if it were non-existent.

[2:228] ...what Allah has created in their wombs...

• Of a child or menstrual blood. This is when a woman wants to separate from her husband and conceals her pregnancy so that he does not wait for her to deliver, or so that he does not feel compassion for the child and refrain from releasing her, or she conceals her menstruation and says, while menstruating, that she has become pure, to hasten the divorce.
• It is also possible that it means those who desire to abort the fetuses in their wombs, so they do not acknowledge them and deny them for that reason. Thus, concealing what is in their wombs is a metonymy for aborting it.

[2:228] ...if they believe in Allah and the Last Day.

• An exaltation of their action; whoever believes in Allah and His punishment would not dare to commit such grave matters.

• Bu‘ūlah (husbands) is the plural of ba‘l, and the tā’ is attached to feminize the plural, as in ḥuzūnah (roughness) and suhūlah (ease). It is also possible that bu‘ūlah is intended as a verbal noun from your saying "a man of good bu‘ūlah," meaning the family of their husbands.

[2:228] ...are more entitled to take them back...

• In their return.
• In Ubayy’s reading: "In their return in that," meaning during the period of that waiting.
• If you ask: "How are they made 'more entitled' to the return, as if women have a right in it?" I say: The meaning is that if the man wants the return and the woman refuses, his word must be preferred over hers; he is more entitled than her, not that she has a right in the return.

[2:228] ...if they intend reconciliation...

• Between them and their wives, and kindness toward them, and they do not intend to harm them.

[2:228] ...and they have rights similar to those against them...

• It is obligatory for them to have rights against men similar to what is obligatory for men against them.

[2:228] ...according to what is recognized...

• In a way that is not denied in the Sharia or the customs of people. They should not burden them with what is not theirs, and they should not burden them with what is not theirs, and neither spouse should treat the other harshly.
• The similarity refers to the similarity of the obligation in being a good deed, not in the genus of the action. It is not obligatory for him, if she washes his clothes or bakes for him, to do the same, but he should reciprocate with what is appropriate for men.

[2:228] ...a degree [above them].

• An increase in right and virtue. It is said: The woman attains from the pleasure what the man attains, and he has the virtue by his standing over her and spending on her interests.