سُوْرَةُ البَقَرَةِ

Surah Al-Baqara (2) — Ayah 237

The Cow · Medinan · Juz 2 · Page 38

وَإِن طَلَّقْتُمُوهُنَّ مِن قَبْلِ أَن تَمَسُّوهُنَّ وَقَدْ فَرَضْتُمْ لَهُنَّ فَرِيضَةً فَنِصْفُ مَا فَرَضْتُمْ إِلَّآ أَن يَعْفُونَ أَوْ يَعْفُوَا۟ ٱلَّذِى بِيَدِهِۦ عُقْدَةُ ٱلنِّكَاحِ ۚ وَأَن تَعْفُوٓا۟ أَقْرَبُ لِلتَّقْوَىٰ ۚ وَلَا تَنسَوُا۟ ٱلْفَضْلَ بَيْنَكُمْ ۚ إِنَّ ٱللَّهَ بِمَا تَعْمَلُونَ بَصِيرٌ ﴿237﴾
And if you divorce them before you have touched (had a sexual relation with) them, and you have appointed unto them the Mahr (bridal-money given by the husband to his wife at the time of marriage), then pay half of that (Mahr), unless they (the women) agree to forego it, or he (the husband), in whose hands is the marriage tie, agrees to forego and give her full appointed Mahr. And to forego and give (her the full Mahr) is nearer to At-Taqwa (piety, righteousness). And do not forget liberality between yourselves. Truly, Allâh is All-Seer of what you do.
وَإِن wa-in And if
طَلَّقْتُمُوهُنَّ ṭallaqtumūhunna you divorce them
مِن min from
قَبْلِ qabli before
أَن an [that]
تَمَسُّوهُنَّ tamassūhunna you (have) touched them
وَقَدْ waqad while already
فَرَضْتُمْ faraḍtum you have specified
لَهُنَّ lahunna for them
فَرِيضَةًۭ farīḍatan an obligation (dower)
فَنِصْفُ faniṣ'fu then (give) half
مَا (of) what
فَرَضْتُمْ faraḍtum you have specified
إِلَّآ illā unless
أَن an [that]
يَعْفُونَ yaʿfūna they (women) forgo (it)
أَوْ aw or
يَعْفُوَا۟ yaʿfuwā forgoes
ٱلَّذِى alladhī the one
بِيَدِهِۦ biyadihi in whose hands
عُقْدَةُ ʿuq'datu (is the) knot
ٱلنِّكَاحِ ۚ l-nikāḥi (of) the marriage
وَأَن wa-an And that
تَعْفُوٓا۟ taʿfū you forgo
أَقْرَبُ aqrabu (is) nearer
لِلتَّقْوَىٰ ۚ lilttaqwā to [the] righteousness
وَلَا walā And (do) not
تَنسَوُا۟ tansawū forget
ٱلْفَضْلَ l-faḍla the graciousness
بَيْنَكُمْ ۚ baynakum among you
إِنَّ inna Indeed
ٱللَّهَ l-laha Allah
بِمَا bimā of what
تَعْمَلُونَ taʿmalūna you do
بَصِيرٌ baṣīrun (is) All-Seer

Tafsir al-Quran al-Karim is a 4-volume Quran commentary by Hafiz Abdus Salam bin Muhammad Bhutvi, a renowned Salafi (Ahl al-Hadith) scholar and Sheikh ul-Hadith from Pakistan. Based on over 45 years of teaching and research, this tafsir follows the methodology of Tafsir bil-Ma'thur — interpreting the Quran through authentic Hadith, statements of the Companions, and the understanding of the early generations (Salaf). It is distinguished by its complete avoidance of Israeliyyat (Judeo-Christian narratives) and unverified reports. The tafsir is originally written in Urdu, translated to English by tohed.com.

(Ayah 237) This is the second case: if the dowry has been fixed and the husband divorces before consummation (sexual intercourse or valid seclusion), then in this case the woman is entitled to half the dowry. However, if the woman herself forgives, that is another matter, or if the husband, who holds the knot of marriage in his hand, forgives, meaning he has already given the full dowry and does not take back half, or willingly gives the full dowry. Then, by saying «وَ اَنْ تَعْفُوْۤا اَقْرَبُ لِلتَّقْوٰى », the husband is encouraged that giving the full dowry is closer to piety, because here the men are addressed.

Issue: If the husband dies before consummation, the wife is entitled to the full dowry, she will also receive inheritance, and she will be obliged to observe the waiting period (‘iddah), as has been mentioned above in the hadith of Barwa‘ bint Washiq. It should be clear that there are two types of divorced women: (1) The dowry had been fixed and the husband divorced after consummation. (See Al-Baqarah: 229) (2) The dowry was not fixed at the time of the contract, but the divorce took place after consummation. In this case, the woman is entitled to a suitable dowry (mahr al-mithl), i.e., the amount of dowry generally fixed for women of her family should be given to her, as detailed in Surah An-Nisa, Ayah (24). (Shawkani)