Shaykh Abdul Sattar al-Hammad
Hadith Commentary:
➊
At this point, clarification of two verses is required, which are as follows:
© "Those among you who die and leave behind wives, they (the wives) shall wait for four months and ten days." (Al-Baqarah: 2/234)
This verse is about the waiting period (iddah) and is earlier in the Qur’anic order.
© "And those among you who die and leave behind wives should make a bequest for their wives of maintenance for a year without being turned out of their homes. But if they leave (of their own accord), there is no blame upon you." (Al-Baqarah: 2/240)
This verse is about the year (hawl), and in the Qur’anic order, it comes later. According to the majority, the verse of hawl is abrogated (mansukh), and its abrogator (nasikh) is the verse of waiting period (tarrabbus), which precedes it in order.
Although the abrogated verse was revealed first and the abrogating verse was revealed later.
➋
In view of the present order, Mujahid and Ata’ have claimed that the verse of hawl, which comes later, is not abrogated, but rather clarifies the verse of waiting period (tarrabbus), because an abrogated verse is always before the abrogating verse in the order of revelation. In the order of revelation, this is indeed the case, but in the order of recitation, it is not necessary. From this, it is also known that the present order of verses, which is observed during recitation, is tawqifi (divinely ordained); there is no room for personal opinion or analogy in it.
On this basis, the majority of scholars agree that the verse of hawl is abrogated and the verse of waiting period (tarrabbus) is its abrogator.
Previously, a woman would observe the waiting period of widowhood for one year.
Then, when the verse of waiting period (tarrabbus) was revealed, the waiting period for widowhood was fixed at four months and ten days instead of a year. However, Imam Mujahid and Ata’ have narrated from Ibn Abbas (radi Allahu anhu) a contrary position: that the verse of hawl is not abrogated, but rather the command of bequest in the verse of hawl was given after the waiting period of four months and ten days was fixed.
Then, those widows were given the choice to benefit from this bequest if they wished.
If they did not wish to benefit, they could spend the days of waiting period wherever they wanted.
➌
It should be noted that at this point, the abrogating verse of waiting period (tarrabbus) is earlier in recitation than the abrogated verse of hawl, but later in revelation, whereas it should be that the abrogating verse is later in both recitation and revelation. However, there are other such examples in the Noble Qur’an, as in the verse:
﴿قَدْ نَرَى تَقَلُّبَ وَجْهِكَ فِي السَّمَاءِ﴾
In recitation, it comes after (سَيَقُولُ السُّفَهَاءُ مِنَ النَّاسِ﴾, but in revelation, it is earlier. And Allah knows best.
According to our inclination, the position of the majority of scholars is based on reality: that the verse of waiting period (tarrabbus) is the abrogator and the verse of hawl is abrogated, whereas Imam Mujahid and Ata’ were mistaken due to the verse of hawl being later in recitation, and they considered the verse of hawl as the abrogator and the verse of waiting period (tarrabbus) as abrogated.
Source: Hidayat al-Qari: Commentary on Sahih Bukhari, Urdu, Page: 4531