Surah At-Talaaq (65) — Ayah 6

(Ayah 6) ➊ { اَسْكِنُوْهُنَّ مِنْ حَيْثُ سَكَنْتُمْ مِّنْ وُّجْدِكُمْ :} In this, the ruling regarding those women has been stated who have been given the first or second divorce. Previously, it was said about them that do not expel them from their homes until the completion of the waiting period, nor should they themselves leave; now, here is the detail of that. In {’’ مِنْ حَيْثُ سَكَنْتُمْ ‘‘}, {’’ مِنْ ‘‘} is for denoting a part, meaning, in whatever part of the house you live, give them a place to stay as well. {’’ مِنْ وُّجْدِكُمْ ‘‘} according to your means, that is, whether the house is owned, rented, or a tent, etc., wherever you live, keep them there. The purpose of this, Allah Almighty has already stated, is that by staying in one place for such a period, perhaps Allah may create a situation for reconciliation and they may return to each other; during this period, their maintenance is also the husband's responsibility. After the third divorce, since there is no possibility of return, there is no command for the woman to stay with the husband, nor is her maintenance the husband's responsibility, as has already been mentioned in the benefit (12) of the first verse in the Sahih hadith of Fatimah bint Qais (may Allah be pleased with her).
➋ { وَ لَا تُضَآرُّوْهُنَّ لِتُضَيِّقُوْا عَلَيْهِنَّ :} That is, do not cause them hardship in maintenance by reducing it, or by providing unsuitable accommodation, or by harsh words or physical abuse, so that if they stay, they remain in distress, or are forced to leave the house, or to forgo their dower.
➌ { وَ اِنْ كُنَّ اُولَاتِ حَمْلٍ فَاَنْفِقُوْا عَلَيْهِنَّ …:} If the divorced woman is not pregnant, then in the case of a revocable divorce, her maintenance and accommodation are the husband's responsibility; in the case of the third divorce, her maintenance or accommodation is not the husband's responsibility, as has already been mentioned. However, if she is pregnant, then in the case of a revocable divorce, both her maintenance and accommodation are the husband's responsibility until the child is born, and if it is the third divorce, then only her expenses are the husband's responsibility until delivery.
➍ { فَاِنْ اَرْضَعْنَ لَكُمْ فَاٰتُوْهُنَّ اُجُوْرَهُنَّ:} From this sentence, it is understood that according to Allah's command, the child belongs to the father, not the mother, because the mother is nursing the child for the child's father and is taking a wage; if the child belonged to the mother, the question of taking a wage would not arise. Secondly, the woman is the owner of her own milk; she can take a wage from the husband who divorced her just as she can from others.
➎ {وَ اْتَمِرُوْا بَيْنَكُمْ بِمَعْرُوْفٍ : ’’ وَ اْتَمِرُوْا ‘‘ ’’اِئْتَمَرَ يَأْتَمِرُ اِئْتِمَارًا‘‘} (Iftiaal) means to consult, as in Surah Qasas it is said: «يٰمُوْسٰۤى اِنَّ الْمَلَاَ يَاْتَمِرُوْنَ بِكَ لِيَقْتُلُوْكَ» [ القصص : ۲۰ ] "O Musa! Indeed, the chiefs are consulting about you to kill you." After divorce, usually due to mutual discord and anger between husband and wife, tension has arisen; in such a situation, both husband and wife and their relatives are instructed to keep consulting each other in a good manner regarding the child's nursing, treatment, upbringing, and welfare, so that their tension does not become a cause of harm to the child.
➏ { وَ اِنْ تَعَاسَرْتُمْ فَسَتُرْضِعُ لَهٗۤ اُخْرٰى :} That is, if the mother refuses to nurse due to illness or weakness, or demands a wage higher than the husband's ability or the customary norm, or the husband is not willing to pay the demanded wage, or for any other reason there is stubbornness between them and the mother does not nurse, then it is not necessary that the mother must nurse in every case; rather, another woman can nurse the child.

6. 1 That is, to the revocable divorcee. Because for the irrevocable divorcee, residence and maintenance are not even necessary. The meaning of providing according to one's capacity is that if the house is spacious and has multiple rooms, then one room should be specified for her. Otherwise, vacate one's own room for her. The wisdom in this is that if she spends her waiting period nearby, perhaps the husband's heart will soften and the desire to reconcile will arise in his heart, especially if there are children, then the possibility of desire and reconciliation is even stronger. But it is unfortunate that Muslims do not act upon this guidance, due to which they are deprived of the benefits of this command. In our society, as soon as divorce occurs, the way the woman is immediately treated as untouchable and expelled from the house, or sometimes the girl's family takes her to their home, this custom is in clear contradiction to the teachings of the Noble Quran.

6. 2 That is, do not harass or disgrace her in maintenance or residence so that she is forced to leave the house. Such behavior should not be adopted during the waiting period. Some have explained its meaning as: when the waiting period is about to end, reconcile with her, and do not do this repeatedly, as was done in the time of ignorance. To prevent this, the Shariah has set a limit for reconciliation after divorce so that no one can harass a woman in this way in the future. Now, a person can do this twice, that is, after giving divorce, reconcile before the waiting period ends. But when he gives divorce the third time, then his right to reconcile will also end.

6. 2 That is, even if the divorcee is irrevocable, if she is pregnant, then her maintenance and residence are necessary, as has been mentioned earlier.

6. 3 That is, after giving divorce, if she breastfeeds your child, then her wage is your responsibility.

6. 4 That is, mutually agree upon the wage and other matters. For example, the child's father should pay the wage according to his means, and the mother should demand the wage according to the father's means, etc.

6. 5 That is, if the matter of wage, etc., cannot be settled between the two, then make arrangements with another woman who will breastfeed his child.

6. Lodge the divorced women (during their waiting period) where you dwell [18], according to your means, and do not harm them to oppress them [19]. And if they are pregnant, provide for them [20] until they deliver their burden. Then if they nurse (the child) for you, give them their payment, and consult together in a reasonable manner. But if you disagree (about payment), then another woman will nurse (the child) for him [21].

[18]
During the ‘Iddah, Residence and Maintenance Are the Husband’s Responsibility:

During the ‘iddah of a divorced woman, all expenses for her residence, food, and clothing are the responsibility of the man who issued the divorce. An exception to this absolute principle is found in an example from the time of the Prophet ﷺ. The incident was that when Fatimah bint Qays’s husband, ‘Amr bin Hafs, gave her the third divorce, he himself was in the region of Syria at that time. Fatimah bint Qays came to the Prophet ﷺ and informed him of this matter, so he ordered her to spend her ‘iddah in the house of Umm Sharik. Then he said: This woman (Umm Sharik) is such that my Companions often come and go to her house, so you should spend your ‘iddah at the house of Ibn Umm Maktum, because he is a blind man, so you can even remove your clothes in his presence. And in another narration, it is stated: Go to your uncle, Ibn Umm Maktum’s house. And Sayyidah ‘A’ishah (may Allah be pleased with her) said: “Fatimah bint Qays does not fear Allah when she says that a woman who has received a final (irrevocable) divorce has neither residence nor maintenance (food and clothing).” [بخاری۔ کتاب الطلاق۔ باب قصۃ فاطمۃ بنت قیس]

The Exceptional Incident of Fatimah bint Qays:

The incident of Fatimah bint Qays is mentioned in almost all books of hadith. But her case regarding spending the ‘iddah and maintenance was of a completely exceptional nature. She was a harsh-tempered and sharp-tongued woman, and when the irrevocable divorce occurred, her husband was in Syria. After the third divorce, since the husband’s right of return ends and she is no longer his wife, this issue itself is disputed: whether after an irrevocable divorce, residence and maintenance are obligatory or not. However, the majority of scholars hold the opinion that residence and maintenance are obligatory throughout the ‘iddah. Fatimah bint Qays’s house was in a wilderness where there were no houses nearby, so there was a risk to both property and honor. Moreover, whatever her husband had sent as ﴿سَرَاحًا جَمِيْلاً﴾, Fatimah bint Qays considered it insignificant and rejected it. These were the special circumstances due to which the Messenger of Allah ﷺ gave this ruling in favor of Fatimah, and it was specific to her. That is why Sayyiduna ‘Umar, Sayyidah ‘A’ishah (may Allah be pleased with her), and other Companions would reject Fatimah’s statement that: “A woman who has received a final divorce has neither residence nor maintenance,” and considered her personal incident as a special permission from the Messenger of Allah ﷺ, which is not permissible for anyone else.
[19] That is, do not harass her by not giving her the due expenses or by other means in such a way that she is forced to leave and abandon your house on her own, and you begin to think that since she left on her own, you are not to blame.
[20]
Maintenance Is Not Obligatory for a Widow:

Whether pregnant and divorced or a widow, her ‘iddah is until childbirth, whether this occurs a few days later or extends to six or seven months. During this period, if she is divorced, her husband will be responsible for her residence and maintenance. And if she is a widow, her residence will be the responsibility of the deceased man’s heirs, and she will spend her ‘iddah in her husband’s house. But she will not be entitled to maintenance, because now she is entitled to inheritance; she will spend on herself from her share. It will not be that she is given maintenance from the joint inheritance of the husband and then also receives a share of the inheritance.
[21]
Issues Related to Breastfeeding the Child After Divorce:

From this verse and the next, the following points are derived:
1. The woman is the owner of her own milk, and she can take wages from the husband who divorced her just as she can from others.
2. Legally, the child belongs to the father, not the mother. If the child belonged to the mother, the question of taking wages would not arise.
3. If the mother demands the same wages as other women, then the mother has more right to breastfeed the child.
4. If the mother refuses to breastfeed due to illness or weakness, or demands such high wages that are beyond the husband’s ability or the customary norm, then the father can hire another woman to breastfeed the child.
5. After divorce, even if there is bitterness between the parties, in matters of the child’s upbringing, both mother and father should think of the child’s and each other’s welfare. The father should not have another woman breastfeed the child merely to harass or trouble the mother or to keep the child out of her sight, nor should he give her very little compensation or refuse to give anything at all. Nor should the mother demand so much or create such circumstances that the father is forced to have another woman breastfeed the child.
6. Among us, it has become customary that after divorce, the woman and the man who divorced her never see or speak to each other for life, and it is made a matter of honor. Sometimes, even enmity and hatred develop between the families of the man and woman. There is no justification for these things in the Shari‘ah. In this regard, especially the words of ﴿وَاْتَمِرُوْا بَيْنَكُمْ بِمَعْرُوْفٍ﴾ are noteworthy. Also, when Sayyiduna Zayd bin Harithah divorced Sayyidah Zaynab, after that the Prophet ﷺ sent a marriage proposal to Sayyidah Zaynab through Sayyiduna Zayd himself.