Surah Al-Mujaadila (58) — Ayah 3

(Ayah 3) ➊ In the exegesis of {وَ الَّذِيْنَ يُظٰهِرُوْنَ مِنْ نِّسَآىِٕهِمْ ثُمَّ يَعُوْدُوْنَ لِمَا قَالُوْا … : ’’ ثُمَّ يَعُوْدُوْنَ لِمَا قَالُوْا ‘‘}, some scholars have said that it means those who do zihar with their wives are not held accountable the first time, but if they do it again, then this expiation is upon them. However, this is not correct because in the incident for which the verse was revealed, the husband said {’’ أَنْتِ عَلَيَّ كَظَهْرِ أُمِيِّ ‘‘} to Khawlah (may Allah be pleased with her) only once. There is no mention of saying it a second time or repeatedly, so the correct meaning of the verse will be the one that is according to the authentic hadith. Thus, the meaning of {’’ يَعُوْدُوْنَ لِمَا قَالُوْا ‘‘} as taken by Fara’ and some other commentators is that here “lam” is in the meaning of {’’ عَنْ ‘‘}, i.e., then if they retract from what they have said, this expiation is upon them. And some have said that here “lam” is in the meaning of {’’إِلٰی‘‘}, and some words are omitted in the speech, and the meaning of {’’ مَا قَالُوْا ‘‘} is {’’ مَا حَرَّمُوْا ‘‘}: {’’ أَيْ ثُمَّ يَعُوْدُوْنَ إِلٰي تَحْلِيْلِ مَا حَرَّمُوْا‘‘} “That is, then they return again to making lawful what they had declared unlawful.” As for why Allah Almighty kept ambiguity in the words here, the answer is that after calling her mother, then having marital relations with her carries a kind of aversion, so while mentioning it, Allah Almighty used indirect language instead of explicitness.

➋ The fact that an expiation is prescribed for zihar shows that it is not divorce but rather from the category of declaring one’s wife unlawful upon oneself. In general matters, the expiation for making something lawful unlawful upon oneself is the same as the expiation for an oath (see Tahrim: 1,2), but due to it being an evil and false statement, the expiation for zihar is stricter. Now, the one who does zihar has only two options: if he insists on severing relations with his wife, then at most he will be waited for up to four months so that he may pay the expiation and reestablish the relationship (see Baqarah: 226), then he will be told either to divorce her or pay the expiation and keep her as a wife. Then, if he is ready to retract his statement, the expiation is one of three things in order: if the man has the means, he should free a slave before touching, i.e., before intercourse. This condition is set so that, in his desire to return to his wife, such a heavy penalty may become easier for him.

➌ The meaning of {فَتَحْرِيْرُ رَقَبَةٍ مِّنْ قَبْلِ اَنْ يَّتَمَآسَّا: ’’ رَقَبَةٍ ‘‘} is “neck,” but what is meant is a slave, male or female, i.e., the part is mentioned but the whole is intended, so the expiation for zihar is that if the man has the means, he should free a slave before touching each other. The condition of “before” is set so that, in his desire to return to his wife, such a heavy penalty may become easier for him.

➍ { ذٰلِكُمْ تُوْعَظُوْنَ بِهٖ:} That is, the command to free a slave before touching is given so that it may serve as a lesson for you in the future not to do such a thing.

➎ { وَ اللّٰهُ بِمَا تَعْمَلُوْنَ خَبِيْرٌ:} That is, if after zihar you touch each other without freeing a slave, whether anyone else knows or not, Allah Almighty is fully aware of all your actions; you can neither hide from Him nor escape His grasp.

➏ The expiation for declaring one’s wife unlawful upon oneself like one’s mother is the same if he declares her unlawful like a sister, daughter, or any woman with whom marriage is forbidden, because there is no difference between them in the prohibition of marriage, so the ruling for saying “mother” will be the same for all.

3. 1. Now the details of this command are being explained. The meaning of "ruju‘" is: to desire intercourse with the wife.

3. 2. That is, before intercourse, he should pay the expiation:
1. Freeing a slave.
2. If he does not have the ability, then he must fast for two consecutive months. A Shar'i excuse refers to illness or travel. Imam Abu Hanifah رحمه الله says that if, due to illness or similar reasons, he does not have the ability to fast, then he should feed sixty needy people. Some say that each needy person should be given two mudd, i.e., half a sa‘ (about one and a quarter kilograms), and some say one mudd is sufficient. However, from the words of the Quran, it appears that food should be given in such a way that they are satisfied, or food should be given in such an amount. It is not necessary to feed all at once; rather, this number can be completed in several installments. Fath al-Qadir. However, it is necessary that until this number is completed, intercourse with the wife is not permissible.

The tafsir of this ayah is included with the following verse(s).