Divorce (Al-Talaq)
"Divorce is twice; then [after that] either keep [her] in an acceptable manner or release [her] with good treatment."
"Divorce" (al-talaq) here means the act of divorcing (al-tatliq), just as "peace" (al-salam) means the act of greeting (al-taslim). It refers to the legal divorce: one pronouncement after another, separated rather than combined and sent all at once. The "two times" does not denote the dual number specifically, but rather repetition, like His saying: "Then return [your] vision twice" (Al-Mulk: 4), meaning time after time, not two specific instances. Similar examples of dual forms used for repetition include the expressions labbayka (I am at your service), sa’dayka (I am at your aid), hananayka, hadhayka, and dawalayka.
"Then keep [her] in an acceptable manner or release [her] with good treatment."
This provides them with a choice after teaching them how to divorce: either to retain the women by treating them well and fulfilling their obligations, or to release them with the beautiful release He has taught them.
It is said that this refers to revocable divorce (al-raj'i), for there is no revocation after the third. "Keep [her] in an acceptable manner" means by revocation, and "release [her] with good treatment" means not to revoke the divorce until she becomes irrevocably separated by the completion of her waiting period ('iddah), or by not revoking it with the intention of prolonging her waiting period to harm her. It is also said to mean divorcing her for the third time during the third period of purity (tuhr). It is narrated that a man asked the Messenger of Allah (ﷺ), "Where is the third?" and he replied, "Or release [her] with good treatment."
According to Abu Hanifa and his companions, combining two or three pronouncements is an innovation (bid'ah). The Sunnah is to pronounce only one in a period of purity during which he has not had intercourse with her, based on the hadith of Ibn Umar that the Messenger of Allah (ﷺ) said to him: "The Sunnah is to wait for the period of purity and pronounce one divorce for each cycle." (Reported by Al-Tabarani). According to Al-Shafi'i, there is no harm in sending all three at once, based on the hadith of the Al-'Ajlani who performed li'an (oath of condemnation) against his wife and divorced her three times in the presence of the Messenger of Allah (ﷺ), who did not rebuke him.
It is narrated that Jamilah bint Abdullah ibn Ubayy was married to Thabit ibn Qays ibn Shammas. She disliked him while he loved her. She came to the Messenger of Allah (ﷺ) and said, "O Messenger of Allah, neither I nor Thabit—nothing can bring us together. By Allah, I do not find fault with his religion or character, but I hate disbelief in Islam; I cannot bear it. I lifted the corner of the tent and saw him approaching among a group, and he was the darkest, shortest, and ugliest among them." She then obtained a khul' (divorce initiated by the wife) from him by returning the garden he had given her as a dowry. This was the first khul' in Islam.
"And it is not lawful for you to take..."
If you say the address is to the husbands, it does not align with "If you fear that they will not maintain the limits of Allah." If you say it is to the leaders and judges, they are neither the ones taking from them nor giving to them. I say: both are permissible. The beginning of the address may be to the husbands and the end to the leaders and judges—this is not rare in the Quran or elsewhere. Or, the entire address may be to the leaders and judges, as they are the ones who command the taking and giving when disputes are brought before them, as if they were the ones taking and giving.
"...from what you have given them..."
Meaning: from what you have given them of the dowries.
"...unless they both fear that they will not maintain the limits of Allah."
Unless the husband and wife fear failing to maintain the limits of Allah regarding the obligations of marriage due to the wife's rebellion (nushuz) and bad character.
"...there is no blame upon them..."
No blame on the man for what he takes, nor on her for what she gives.
"...for that by which she ransoms herself."
For that by which she redeems herself and obtains khul', by giving back what she was given of the dowry. Khul' for more than the dowry is disliked, though it is legally permissible. It is narrated that a woman was rebellious toward her husband, and the case was brought to Umar (may Allah be pleased with him). He made her spend three nights in a trash heap, then called her and asked, "How did you find your stay?" She said, "I have not spent a night more comfortable than those." He then told her husband, "Divorce her, even if it is for her earring." Qatadah said: "Meaning all her wealth." This is if the rebellion is from her; if it is from him, it is disliked for him to take anything from her.
"Then if he has divorced her [for the third time]..."
The divorce mentioned and described with repetition in His saying: "Divorce is twice," and he has completed its quota, or if he divorces her a third time after the two.
"...she is not lawful to him afterward..."
After that divorce.
"...until she marries a husband other than him."
Until she marries someone else. "Marriage" (nikah) is attributed to the woman just as it is to the man. Some, like Sa'id ibn al-Musayyib, limited the requirement for legality to the mere contract. However, the majority hold that sexual intercourse is necessary, based on the hadith of 'Aishah (may Allah be pleased with her) regarding the wife of Rifa'ah, to whom the Prophet (ﷺ) said: "Do you wish to return to Rifa'ah? No, not until you taste his sweetness and he tastes yours."
Regarding a marriage contracted with the condition of tahlil (a temporary marriage to make a woman lawful for her previous husband), Sufyan, Al-Awza'i, Abu 'Ubayd, and Malik held it is not permissible. It is permissible according to Abu Hanifa, though disliked. It is also said that if they intend tahlil but do not state it, there is no dislike. The Prophet (ﷺ) cursed the one who performs tahlil and the one for whom it is performed.
"Then if he [the second husband] divorces her..."
"...they both return to each other..."
That each returns to the other through marriage.
"...if they think that they will maintain the limits of Allah."
If they believe they will uphold the rights of marriage. He did not say "if they know," because certainty is hidden from them and known only to Allah. Whoever interprets "think" (zann) here as "knowledge" ('ilm) is mistaken in terms of language and meaning, for one does not say "I knew that Zayd will stand," but rather "I knew that he stands." Furthermore, a human cannot know the future; one only thinks or expects.
