Tafsir of At-Talaq 65:6

If you ask: What is the nature of min (from) in {from where you dwell}? I say: It is min of partition (tab'idiyya). Its object is omitted. The meaning is: "Lodge them in a place from where you dwell," meaning a portion of your dwelling place, just as in His saying: {They should lower [some] of their gaze} (24:30), meaning some of their gaze. Qatada said: "If you have only one house, lodge her in some part of it."

If you ask: What about {according to your means}? I say: It is an explanatory apposition ('atf bayan) to {from where you dwell} and an interpretation of it. It is as if it were said: "Lodge them in a place from your dwelling that you can afford." Wujd means capacity and ability. It is read with the three vowel marks (fatḥa, kasra, ḍamma).

Legal Rulings: Housing and maintenance are mandatory for every divorced woman. According to Malik and al-Shafi'i, a woman whose marriage has been completely severed (mabtuuta) is entitled only to housing, not maintenance. According to al-Hasan and Hammad, she is entitled to neither, based on the hadith of Fatima bint Qays: "Her husband refused to divorce her, and the Messenger of Allah (ﷺ) said to her: 'You have no housing and no maintenance.'"

However, Umar (ra) said: "We will not abandon the Book of our Lord and the Sunnah of our Prophet for the word of a woman who may have forgotten or been confused," referring to the narration: "She has the right to housing and maintenance."

{And do not harm them}: Do not use harm against them {to straiten them} in their housing through various means: such as moving in someone they dislike, occupying their space, or other such things, until you force them to leave. It is also said: it means he takes her back when only two days remain of her waiting period to distress her. It is also said: it means to pressure her into paying a ransom (khul') to him.

If you ask: If maintenance is mandatory for every divorced woman in your view, what is the benefit of the condition in His saying: {And if they are pregnant, then spend on them}? I say: Its benefit is that the pregnancy period may be long, so one might think maintenance ceases once the duration of a non-pregnant woman's waiting period passes. This verse negates that illusion.

If you ask: What do you say regarding a pregnant widow? I say: There is disagreement. Most hold that she has no maintenance, because there is consensus that if a man is forced to provide for a woman or a young child, he is not required to provide for them from his estate after his death; thus, the pregnant widow is the same. Ali, Abdullah (Ibn Mas'ud), and a group held that her maintenance is mandatory.

{And if they breastfeed for you}: Meaning these divorced women, if they breastfeed a child for you—whether from other women or from themselves after the marital bond has ended—their ruling is that of wet nurses. According to Abu Hanifa and his companions, it is not permissible to hire them if the child is theirs until the separation is complete. It is permissible according to al-Shafi'i.

{Consulting together} (al-i'timar): This means mutual consultation (al-ta'amur), like al-ishtishwar meaning al-tashawur. It is said: "The people consulted (i'tamaru) and conferred (ta'amaru)" when they command one another. The meaning is: "Let some of you command others." The address is to both fathers and mothers.

{In a reasonable manner}: Meaning with kindness, which is leniency—that the father should not be stingy and the mother should not be difficult; for it is their child together, and they are partners in it and in the obligation of compassion toward it.

{But if you encounter difficulties, then another shall breastfeed for him}: Another wet nurse, other than the mother, will be found to breastfeed him. This contains a hint of reproach toward the mother for being difficult, similar to saying to someone who is lazy in fulfilling a need: "Someone else will fulfill it," meaning: "It will not remain unfulfilled, but you are to be blamed." {For him} refers to the father; he will find someone else to breastfeed his child if the mother makes it difficult.

{Let the man of wealth spend}: Each of the wealthy and the poor should spend according to his capacity. This refers to what was commanded regarding maintenance for divorced women and wet nurses, as He said: {Let the wealthy man spend from his wealth, and he whose provision is restricted, let him spend from what Allah has given him} (65:7).

{Allah will bring about}: A promise to the poor of that time that He will open the doors of provision for them, or to the poor husbands if they spend what they can afford and do not fall short.