Surah Al-Baqara (2) — Ayah 228

(Ayah 228) ➊ If a husband divorces his wife, she does not separate from him immediately, rather she must spend a certain period in waiting, during which the husband can take her back, and after this period passes, the woman is free to marry whomever she wishes. This period is called ‘iddah.
➋ The issue is that if a husband divorces his wife after intercourse and she does not menstruate, then her ‘iddah is three months, and if she is pregnant, then until she delivers. (See Talaq: 4) And if divorce occurs before intercourse, then there is no ‘iddah for her. (See Ahzab: 49) Thus, in this verse, the word {”الْمُطَلَّقٰتُ“} (those women who are divorced) is intended to explain the ‘iddah of those women with whom the husband has had intercourse, and who are neither pregnant, nor among those who do not menstruate, nor slave women. So their ‘iddah is three “quroo’.” The word {”قُرُوْٓءٍ “} is plural, its singular is {”قُرْءٌ“}, and it is used for the days of menstruation as well as the days of purity (i.e., being free from menstruation). According to my research, the meaning of menstruation is more correct. For more issues, see the opening verses of Surah Talaq.
➌ Asma bint Yazid Ansariyyah (may Allah be pleased with her) narrates that previously there was no ‘iddah for a divorced woman (the husband could take her back whenever he wished), so when I was divorced, Allah revealed the command of ‘iddah for divorce on that occasion. [ أبو داوٗد، الطلاق، باب فی عدۃ المطلقۃ :۲۲۸۱، وسندہ حسن ]
➍ { وَ لَا يَحِلُّ لَهُنَّ اَنْ يَّكْتُمْنَ …:} means it is not lawful for women to conceal what is in their wombs, i.e., pregnancy, menstruation, or purity, and to lie about it, because ‘iddah depends on this. If pregnancy is concealed, someone’s child may be attributed to another, and if menstruation is concealed, the ‘iddah may end before or after its actual time, in which case there is a possibility of committing something unlawful.
➎ {وَ بُعُوْلَتُهُنَّ اَحَقُّ بِرَدِّهِنَّ فِيْ ذٰلِكَ :} means that if the husband wishes to take her back during the ‘iddah, the woman must accept it. (Ibn Kathir)
➏ {وَ لَهُنَّ مِثْلُ الَّذِيْ عَلَيْهِنَّ بِالْمَعْرُوْفِ :} means that women also have rights over men in a recognized manner, just as men have rights over women. Jabir (may Allah be pleased with him) narrates that the Messenger of Allah (peace and blessings be upon him) said: “Your right over them (women) is that they do not allow anyone you dislike to sit on your bed, and if they do so, then beat them, but not severely, and their right over you is that you provide for them food and clothing in a recognized manner.” [ مسلم، الحج، باب حجۃ النبی صلی اللہ علیہ وسلم : ۱۲۱۸ ]
➐ {وَ لِلرِّجَالِ عَلَيْهِنَّ دَرَجَةٌ:} means in rank, in the right to obedience, in spending, in natural strengths, in inheritance, especially in the right to divorce and taking back as mentioned in these verses, in short, many honors of religion and world are the cause of their superiority over women. In Surah Nisa it is said: «اَلرِّجَالُ قَوّٰمُوْنَ عَلَى النِّسَآءِ بِمَا فَضَّلَ اللّٰهُ بَعْضَهُمْ عَلٰى بَعْضٍ وَّ بِمَاۤ اَنْفَقُوْا مِنْ اَمْوَالِهِمْ» [ النساء : ۳۴ ] “Men are guardians over women because Allah has given some of them superiority over others and because they spend from their wealth.”

228. 1 By this is meant the woman who is neither pregnant (because the waiting period for a pregnant woman is until delivery), nor the one who was divorced before consummation (because she has no waiting period at all), nor the one whose menstruation has stopped, because their waiting period is three months. Thus, apart from the aforementioned women, only the waiting period of a consummated woman is being mentioned here. That is, after completing three periods of purity or three menstruations, she is permitted to marry again. The predecessors have considered both meanings of "quroo’" as correct, so both are permissible (Ibn Kathir, Fath al-Qadeer).

228. 2 By this, both menstruation and pregnancy are meant. Do not conceal menstruation, for example, by saying that after divorce I have had one or two menstruations, with the intention that the previous husband may take her back (if he wishes to reconcile). Similarly, do not conceal pregnancy, because the embryo is from the previous husband, but may be attributed to the next husband, and this is a grave major sin.

228. 3 If the husband's intention in reconciliation is not to cause harm, then during the waiting period the husband has the full right to take her back. The woman's guardian is not permitted to prevent this.

228. 4 The rights of both are similar to each other, which both are religiously obligated to fulfill. However, the man has superiority or a degree over the woman, for example, in natural strength, permission for jihad, receiving double the inheritance, authority and leadership, and the right of divorce and reconciliation (etc.).

228. And divorced women shall wait for three menstrual periods [303], and it is not lawful for them, if they believe in Allah and the Last Day, to conceal what Allah has created in their wombs [304]. And their husbands have the better right to take them back during this period if they desire reconciliation. And women have rights similar to those of men in a just manner, but men have a degree [306] over them. And Allah is Almighty, All-Wise.

[303] This command is for those women who are not pregnant, because the waiting period (‘iddah) for a pregnant woman is until she gives birth, and for a woman with whom her husband has not yet had intercourse, there is no waiting period for her. During the ‘iddah, the husband is responsible for maintenance and residence, and she should spend her ‘iddah at her husband’s house. Because during this period, the husband has the right to take her back, and legally she is still his wife. "Qurū’" is the plural of "qur’", and in the linguistic sense, "qur’" means both menstruation and purity. That is, this word is from the language of «ذوي الاضداد». The Hanafis take it to mean three menstruations, while the Shafi‘is and Malikis take it to mean periods of purity. Understand this difference with the following example. The correct and Sunnah method of giving divorce is that when a woman becomes pure from menstruation, she should be divorced at the beginning of the period of purity without intercourse, and the entire period should be allowed to pass. After the ‘iddah, the woman will become separated (bā’in). Now suppose a woman named Hindah has the habit that she gets menstruation during the first three days of every lunar month. Her husband divorced her after she became pure from menstruation on the 4th of Muharram. Now, according to the Hanafis, her ‘iddah is three menstruations, i.e., when she becomes pure from menstruation on the evening of 3rd Rabi‘ al-Thani, her ‘iddah will end. Whereas according to the Shafi‘is and Malikis, by the time the third menstruation begins, her three periods of purity will have been completed, i.e., when menstruation begins on the morning of 1st Rabi‘ al-Thani, her ‘iddah will have ended. In this way, due to the different interpretations of "qurū’", there is a difference of three days. And the reason we have translated "qurū’" as menstruation is because the Prophet (ﷺ) said to Fatimah bint Hubaysh: «دعي الصلوة ايام اقرائك» that is, during the days of menstruation, leave the prayer. Besides this, the four caliphs, many major companions ؓ and followers are of the opinion that "qurū’" means menstruation.

[304]
Lying About Pregnancy:

That is, they should clearly state whether they menstruate or are pregnant, whatever the case may be. For example, a woman was pregnant but did not inform her husband; if she had informed him, perhaps the husband would not have divorced her. Or a woman had already had her third menstruation but did not inform her husband so that she could continue to receive maintenance from him. In short, many situations can arise from lying. Therefore, they should fear Allah and state the truth correctly.

[305]
Superiority of Man Over Woman:

That is, during the ‘iddah, the husband has the right to take her back, but even after the ‘iddah has passed (if one or two divorces have been given, not the third), if the husband and wife are willing to reconcile, then he is more entitled to remarry each other, as is clear from verse 232 of this surah. [306] The details of the rights of men and women are extensive. However, the degree of superiority that a man has over a woman is that the man is responsible for the affairs of women and the management of the entire household, and he bears the expenses as well. Therefore, the right of divorce and taking back has been given only to the man.