2-236 There is no blame on you if you divorce women while yet you have not touched them, nor appointed for them a portion. And provide for them, the wealthy according to his means and the straitened according to his means, a provision according to usage. (This is) a duty on the doers of good.a
لَّا جُنَاحَ عَلَيۡكُمۡ إِن طَلَّقۡتُمُ ٱلنِّسَآءَ مَا لَمۡ تَمَسُّوهُنَّ أَوۡ تَفۡرِضُواْ لَهُنَّ فَرِيضَةً۬ۚ وَمَتِّعُوهُنَّ عَلَى ٱلۡمُوسِعِ قَدَرُهُ ۥ وَعَلَى ٱلۡمُقۡتِرِ قَدَرُهُ ۥ مَتَـٰعَۢا بِٱلۡمَعۡرُوفِۖ حَقًّا عَلَى ٱلۡمُحۡسِنِينَ (٢٣٦)
2-236a: تَمَسُّوهُنَّ – مَسَّ means to touch and is a euphemism for having conjugal relations with a woman (R).
تَفۡرِضُواْ – فرض is making an affair obligatory (see 197a), so فریضة is the dowry which is obligatory, and تَفۡرِضُواْ is the act of fixing the dowry and أَوۡ in أَوۡ تَفۡرِضُواْ is given till then.
مَتِّعُوهُنَّ – متاع is providing benefit for a long time. The purport over here is something that will benefit a divorcee during her waiting period.
مُقۡتِر – قتر is the antonym of اِسۡراف (extravagance) and means frugal, as in: لَمۡ يُسۡرِفُواْ وَلَمۡ يَقۡتُرُو (neither extravagant nor parsimonious) (25:67), كَانَ ٱلۡإِنسَـٰنُ قَتُورً۬ا (man is ever niggardly) (17:100). Thus, بخیل and مُقۡتِر describe being thrifty. Smoke that rises from barbecuing meat or burning wood is called قَتَر and that also means a small or nonbeneficial thing (R).
Divorce before a dowry is fixed: This is the mention of a condition in which conjugal relations have not taken place between a husband and wife and even the dowry is not fixed. (This tells us that a marriage is not invalid just because the dowry is not fixed. However, it appears that the determination or giving of dowry is required before conjugal relations can take place as is stated in the next verse). In a divorce that fulfils the requirements given here, no dowry is given (and no waiting period is required before remarriage), but even in such a condition, the giving of some gift is necessary, the amount of which will depend upon the condition of the divorcing husband. The amount will be small for a poor man and large for a richer man which can be determined by by the husband himself or by a judge. This gifting is particularly a requirement for those who do good. This is a compensation for the heartbreak of the woman. It is narrated that since the Holy Prophet strongly discouraged divorce, people thought that divorce in the situation outlined in this verse would be illegal. It was then that this verse was revealed because given the diverse situations that mankind faces, conditions like the one in this verse can arise.
2-237 And if you divorce them before you have touched them and you have appointed for them a portion, (pay) half of what you have appointed unless they forgo or he forgoes in whose hand is the marriage tie. And it is nearer to dutifulness that you forgo. Nor neglect the giving of free gifts between you. Surely Allah is Seer of what you do.a
وَإِن طَلَّقۡتُمُوهُنَّ مِن قَبۡلِ أَن تَمَسُّوهُنَّ وَقَدۡ فَرَضۡتُمۡ لَهُنَّ فَرِيضَةً۬ فَنِصۡفُ مَا فَرَضۡتُمۡ إِلَّآ أَن يَعۡفُونَ أَوۡ يَعۡفُوَاْ ٱلَّذِى بِيَدِهِۦ عُقۡدَةُ ٱلنِّكَاحِۚ وَأَن تَعۡفُوٓاْ أَقۡرَبُ لِلتَّقۡوَىٰۚ وَلَا تَنسَوُاْ ٱلۡفَضۡلَ بَيۡنَكُمۡۚ إِنَّ ٱللَّهَ بِمَا تَعۡمَلُونَ بَصِيرٌ (٢٣٧)
2-237a: ٱلَّذِى بِيَدِهِۦ عُقۡدَةُ ٱلنِّكَاحِ – Because the husband is the person to divorce or the person who is authorized to untie the marriage knot, the purport of ٱلَّذِى بِيَدِهِۦ عُقۡدَةُ ٱلنِّكَاحِ is the husband, and, as narrated, this is the explanation given by the Holy Prophet (IK and IJ).
ٱلۡفَضۡلَ –is a gift that is not incumbent on the giver to give. See 105a. The meaning of not foregoing the optional gift is that the giving of a gift shows civility and kindness of behavior.
Divorce before conjugal relations when the dowry is fixed: If conjugal relations do not take place but the dowry is fixed and divorce takes place, then half the dowry amount must be paid. The woman has the right though, even if she did not initiate the divorce, to forego the half dowry if she desires. However, husbands are encouraged to forgo their right of paying only half the dowry by paying the full dowry. It is narrated that Jabeer bin Moatim married a woman and then divorced her before conjugal relations. He gave her the full amount of dowry and said that it was more befitting that he forgo his right.
2-238 Guard the prayers and the most excellent prayer, and stand up truly obedient to Allah.a
حَـٰفِظُواْ عَلَى ٱلصَّلَوَٲتِ وَٱلصَّلَوٰةِ ٱلۡوُسۡطَىٰ وَقُومُواْ لِلَّهِ قَـٰنِتِينَ (٢٣٨)
2-238a: محافظة – حَـٰفِظُواْ is from باب مفاعلہ . It is stated in Al-Mufradat that the use of باب مفاعلہ is an admonishment for worshippers to safeguard their prayers: be watchful of their timing, take care of its components and make the utmost endeavor to keep up the prayer. If they do this, then the prayer will safeguard them as Allah states: إِنَّ ٱلصَّلَوٰةَ تَنۡهَىٰ عَنِ ٱلۡفَحۡشَآءِ وَٱلۡمُنكَرِۗ (prayer keeps (one) away from indecency and evil) (29:45).
ٱلۡوُسۡطَىٰ – The use of وَسَط is sometimes in respect of place, and sometimes in place of rank, that is, it is a thing that avoids the extremes of too much and too little; it is the golden mean (R). Thus, it is used to indicate a thing that is of high quality, and also something that is in the middle of two things.
The relevance of mentioning prayer while divorce is being discussed: The following facts show its relevance:
- The larger discussion is about war and the issue of divorce is taken up under the same discussion, and hence there is special mention of prayer during fighting.
- As is apparent from the next verse, mention is repeatedly made of تقویٰ or keeping duty to Allah. Prayer is the key to keeping one’s duty to Allah, hence before concluding the subject of divorce, special attention is drawn to prayer.
- The purport of mentioning prayer is that marriage, divorce etcetera are extraneous issues; the real root of goodness is prayer. One should not get so entangled in worldly issues to become negligent of the remembrance of Allah.
صَّلَوٰةِ ٱلۡوُسۡطَىٰ is the عصر or late afternoon prayer: There is a lot of discussion about صَّلَوٰةِ ٱلۡوُسۡطَىٰ . It is narrated in Bukhari that the Holy Prophet said: جسونا عن ٱلصَّلَوٰةِ ٱلۡوُسۡطَىٰ حتی غابت الشمس (On (the day of the Battle of Trench) the unbelievers kept us away from the وسط prayer till the sun set. This shows that the Holy Prophet called the عصر prayer as صَّلَوٰةِ ٱلۡوُسۡطَىٰ . This prayer is in the middle from the point of view of time and because it is of high quality as it occurs during a busy time for business. Calling it thus, also shows that there are five prayers because صَّلَوٰةِ is plural and will only be spoken of three or more prayers. For عصر to be in the middle there must be four other prayers.
2-239 But if you are in danger (say your prayers) on foot or on horseback.a And when you are secure, remember Allah as He has taught you what you knew not.b
فَإِنۡ خِفۡتُمۡ فَرِجَالاً أَوۡ رُكۡبَانً۬اۖ فَإِذَآ أَمِنتُمۡ فَٱذۡڪُرُواْ ٱللَّهَ كَمَا عَلَّمَڪُم مَّا لَمۡ تَكُونُواْ تَعۡلَمُونَ (٢٣٩)
2-239a: رُكۡبَانً۬ا – It is the plural of راکب which means a rider, and رُکُوب is mounting on the back of an animal and by extension is also used to indicate getting on conveyance such as a boat or rail.
رِجَالاً – 0-is the plural of رجل or راجِل and means a pedestrian because the foot is called رِجۡل .
Prayer during a time of danger: The Quran stresses the importance of safeguarding prayer and makes it clear here that prayer cannot be missed under any condition, even when there is danger. If there is fear from the enemy or any other fear. An example of such a fear may be that felt by a passenger of disembarking from a train at a station to say his prayer. The train may leave without him but prayer must still be kept in a manner that accords with the situation. Thus, if a person is journeying on foot and it would be dangerous to stop, they can pray while walking. If a person is riding on a horse or travelling in a train, boat, or car, they can pray while on the conveyance, but must not miss prayer. There are many Muslims who while travelling in a train have nothing to do, but do not pray. It is a sad state of affair that prayer which is mandated with so much emphasis is perhaps considered the least necessary thing for many Muslims.
Prayer in congregation during time of danger: Danger of an enemy action is also included in the situation described here. There is a more specific mention of danger from an enemy action in verse 101 of Surah Al-Nisa, but the difference between these two situations is that in the latter case, congregational prayer is still possible, but in the case described here, this is not possible indicating that this is a graver situation. In other words, if it is possible to offer congregational prayers while facing an enemy, such prayers should be held in accordance with the manner described in verse 101 of Surah Al-Nisa, but if this is not possible, then prayer should be offered in whatever manner possible, whether walking or riding. In support of this is a hadith of Abdullah bin Umar stating in its last part where mention is made of offering one rakah in congregation and the other on one’s own, that if the danger is such that congregation is not possible, then prayer should still be offered whether on foot or riding, whether facing the Qibla or not.
239b: أَمِنتُمۡ – The real meaning of امن is to attain a state of calmness after a state of fear, that is a state of rest after restlessness (R).
Prayer is the best form of remembering Allah: ٱذۡڪُرُواْ ٱللَّهَ – For the meaning of ذکر see 151a. Remembrance and praise of Allah is here held as equivalent to prayer. Thus, it is clear that prayer is the best and most excellent form of remembering Allah.
The error of the Ahle-Quran: Mentioned with the state of fear where it is stated that prayer should be performed in whatever manner possible, is prayer during a state of peace, which is to be in accordance with the teaching imparted by Allah. This verse shows that the manner of prayer during peacetime was already taught to Muslims. It is strange however, that those who adhere to the Ahle-Quran sect deduce the prayer during peacetime from the prayer during danger in complete disregard of the Quranic statement here. Prayer was made obligatory in Makkah where there was no danger of this type from the enemy. It doesn’t make sense to believe that prayer was obligatory in Makkah but the manner of offering prayer was not disclosed. For Muslims to wait till wars started for Allah to reveal details of prayer during danger and to have to deduce the prayer during peacetime is nonsensical. This verse puts to rest any debate about the manner of prayer during peacetime because it states that the manner of prayer during peacetime was taught to the Muslims although its details are not in the Quran. This proves that this knowledge was imparted to the Holy Prophet through وحی خفی (hidden revelation to the heart), and this knowledge was then imparted by him to the people. The fact that Allah imputes this knowledge to Himself shows that this knowledge was revealed by Allah. But since this is not وحی متلو )revelation that is recited) in the Quran, it is termed as وحی خفی . In any case, this was revelation from God. (For the types of revelation see Surah Al-Shura (42:51).
Some indications of prayer details in the Quran: If it is argued that indications of the number of rakahs and the parts of prayer were mentioned in the Quran previously, then this statement is irrefutable. However, it is not possible from these indications to stitch together even one rakah of prayer. If it was the intention of Allah to mention all the details of prayer in the Quran, He would have given the details of its parts, rakahs, timing and arrangements in one place, like He did with the details of fasting, divorce etcetera and would not have left it to indications. Alternatively, if His mode of communication was only to give indications, then He would have done so for other orders as well. In fact, if He only gave indications about other subjects, it would not have mattered much because they are subsidiary issues, but prayer is one of the central principles of Islam. Every believer is required to pray five times daily, and there is no other injunction with such a deep connection in a person’s life that it should be repeated multiple times daily. The truth is that the form of prayer is best exhibited by seeing it being performed and the details of prayer are very expansive, so Allah manifested all its details to the Holy Prophet through وحی خفی and these were then passed on by him to the whole Ummah. This verse further clarifies that the manner of prayer was taught by Allah and is not a construct of the Holy Prophet.
2-240 And those of you who die and leave wives behind, should make a bequest in favor of their wives of maintenance for a year without turning (them) out. Then if they themselves go away, there is no blame on you for what they do of lawful deeds concerning themselves. And Allah is Mighty, Wise.a
وَٱلَّذِينَ يُتَوَفَّوۡنَ مِنڪُمۡ وَيَذَرُونَ أَزۡوَٲجً۬ا وَصِيَّةً۬ لِّأَزۡوَٲجِهِم مَّتَـٰعًا إِلَى ٱلۡحَوۡلِ غَيۡرَ إِخۡرَاجٍ۬ۚ فَإِنۡ خَرَجۡنَ فَلَا جُنَاحَ عَلَيۡڪُمۡ فِى مَا فَعَلۡنَ فِىٓ أَنفُسِهِنَّ مِن مَّعۡرُوفٍ۬ۗ وَٱللَّهُ عَزِيزٌ حَڪِيمٌ۬ (٢٤٠)
2-240a: وَصِيَّةً۬ – The derivation of the accusative case is as follows: یوصون وصیة or کتب اللّٰه علیہم وصیة and one of the readings which supports this derivation is: کتب علیکم الوصیة
Maintenance of widows for one year is not incompatible with the verses on inheritance: The import of this verse is so clear that it is surprising that some consider this verse abrogated. The basic theme of this section is kindness towards divorcees and widows. The opening and ending verses of this section, give the command to provide for divorcees or to give them a gift. In this verse, there is an order to provide maintenance to widows or to do them a favor. The idea that this verse is abrogated because widows have a share in inheritance from their late husbands is incorrect because just as it is mandated that divorcees be given provision or other assets besides their dowry as mentioned later, the provision of maintenance for widows in addition to inheritance is perfectly compatible. The maintenance for divorcees is for their waiting period, but since the condition of widows is of even greater helplessness, she is given provision for a somewhat longer period. Another reason is that the widow might be pregnant, and the maintenance period will cover her pregnancy and the few difficult months that follow. Similar provision is made for a divorcee if she is pregnant, and her maintenance period is increased till she delivers for which see 65:6.
This verse is not against verse 2:234: Similarly, this verse is not incompatible with verse 2:234. Verse 2:234 states the waiting period for a widow is four months and ten days. The waiting period is not abrogated here because the discussion is about maintenance. It is true however that the maintenance is terminated if the widow remarries because in that case she will have another to support her. It is mentioned clearly that if the widow leaves after her waiting period and remarries, then her previous family has no more obligation. فِى مَا فَعَلۡنَ فِىٓ أَنفُسِهِنَّ مِن مَّعۡرُوفٍ۬ indicates remarriage of widow. The widow’s inheritance is for her use, but if she is not in need, she has the right not to benefit from it.
Evidence of abrogation and non-abrogation: The tradition contains sayings of abrogation of this verse and sayings of its non-abrogation. First, if the meaning of two verses under discussion where one verse is being considered as abrogated by the other can be reconciled and shown to be conformable, then regardless of which Companion narrated the tradition, abrogation cannot be accepted as correct. If it is correct then it may be due to the lack of full understanding by the Companion. Second, when there are two contradictory traditions, why should the tradition advocating abrogation be accepted and the one advocating non-abrogation be rejected? While there is a saying of Ibn Zubair regarding the abrogation of this verse, there is a saying of Mujahid in Bukhari about its non-abrogation. In the tradition by Mujahid, it is stated that first verse 2:234 was revealed and it is considered as being the waiting period for the widow as far as the family of the deceased husband was concerned. After that, it was revealed: وَٱلَّذِينَ يُتَوَفَّوۡنَ مِنڪُمۡ وَيَذَرُونَ أَزۡوَٲجً۬ا وَصِيَّةً۬ لِّأَزۡوَٲجِهِم مَّتَـٰعًا إِلَى ٱلۡحَوۡلِ غَيۡرَ إِخۡرَاجٍ۬ (verse 2-240). When this verse was revealed afterwards, its abrogation by an earlier verse doesn’t make sense. As a matter of fact, the revelation of the verse itself is pointless because the abrogating verse was revealed earlier. Mujahid has stated in very clear words that this verse is not abrogated. Imam Bukhari included it in his collection because he says that this verse merely gives the widow a right, and it is up to her to take advantage of it or not. Imam Bukhari has indicated his own belief about non-abrogation of this verse by first giving the evidence about abrogation and then giving the evidence against abrogation.
The hadith لا وصیة لوارث is from those hadith that have only one chain of transmission. It cannot abrogate the clear teaching of the Quran and can only be accepted within the constraints of the boundaries that the Quran establishes here. Namely, that it is permissible to make provision for the board and lodging of the widow for one year, but it appears from practice that the maintenance is not an order but merely a recommendation or permission for the husband to make such a provision in the will.
2-241 And for the divorced women, provision (must be made) in kindness. This is incumbent on those who have regard for duty.
وَلِلۡمُطَلَّقَـٰتِ مَتَـٰعُۢ بِٱلۡمَعۡرُوفِۖ حَقًّا عَلَى ٱلۡمُتَّقِينَ (٢٤١)
2-242 Allah thus makes clear to you His messages that you may understand.a
كَذَٲلِكَ يُبَيِّنُ ٱللَّهُ لَڪُمۡ ءَايَـٰتِهِۦ لَعَلَّكُمۡ تَعۡقِلُونَ (٢٤٢)
2-242a: These verses show that all divorced women should be given some assets as a favor or gift. This is incumbent upon those who fulfill the rights of others, and for this reason it is stated that this is حَقًّا عَلَى ٱلۡمُتَّقِينَ.
Bayan-ul-Quran 