Surah At-Talaaq (65) — Ayah 1

In Surah At-Taghabun, the teaching is given to live with wives with generosity, forgiveness, and forbearance, but if the disagreement between husband and wife exceeds the limit and there remains no way to live together, then Allah Almighty has also permitted divorce. The reality is that just as declaring adultery forbidden and commanding marriage is a mercy of Allah Almighty—because it protects lineage and progeny, and instead of immorality and bloodshed, purity and peace prevail in society—similarly, if there is no harmony between spouses, then the permission for divorce for the man and khul‘ for the woman is also a great mercy of Allah Almighty, through which they come out of a life that was a cause of severe torment for them at every moment, and both get the opportunity to start a new, pleasant life by marrying again. In such a case, Allah Almighty has promised to enrich each of the separated man and woman from His abundance and has declared it a manifestation of His vastness and wisdom, as He said: «وَ اِنْ يَّتَفَرَّقَا يُغْنِ اللّٰهُ كُلًّا مِّنْ سَعَتِهٖ وَ كَانَ اللّٰهُ وَاسِعًا حَكِيْمًا » [ النساء : ۱۳۰ ] “And if they both separate, Allah will enrich each of them from His abundance, and Allah is always All-Encompassing, All-Wise.” The nations that have imposed restrictions on divorce and declared it unlawful, or have imposed inappropriate conditions on it, such as that the man who divorces will be responsible for the maintenance of his divorced wife for his entire life, etc., have committed severe injustice to husbands and wives who do not have harmony with each other, and have closed the door for them for a lifetime to that happiness of heart which is obtained through marriage. The result of this action of the disbelievers is that people have stopped marrying altogether, because in such a situation they will not be able to separate from each other, or if they do separate, they will have to face unbearable restrictions. Now, very few among them marry; the majority of men and women live together without marriage and give birth to illegitimate children, and when one is fed up with the other, he or she leaves and moves on.

Divorce is not only a means of separation but also the last means of rectifying the deteriorated matters between husband and wife, because when divorce is given according to the method prescribed by Allah Almighty, then in the form of ‘iddah, the man has the opportunity to take back (his wife), and the woman has the opportunity to win back her husband, and by living together in one house until three menstrual cycles or childbirth, there is hope that the tension that caused the separation will end and both will reconcile. This is what is stated in the first verse of Surah At-Talaq {’’ لَعَلَّ اللّٰهَ يُحْدِثُ بَعْدَ ذٰلِكَ اَمْرًا ‘‘}.

The Messenger of Allah (peace and blessings be upon him) is a model for us in every matter, including marriage and divorce. He (peace and blessings be upon him) married and also divorced some, as he (peace and blessings be upon him) divorced Bint al-Jawn for saying {’’ أَعُوْذُ بِاللّٰهِ مِنْكَ ‘‘}. [ یکھیے بخاري، الطلاق، باب من طلق وھل یواجہ الرجل امرأتہ بالطلاق؟ : ۵۲۵۴ ] And he (peace and blessings be upon him) also divorced and then took back, as Ibn Abbas (may Allah be pleased with them) narrates from Umar (may Allah be pleased with him): [ أَنَّ النَّبِيَّ صَلَّی اللّٰهُ عَلَيْهِ وَسَلَّمَ طَلَّقَ حَفْصَةَ ثُمَّ رَاجَعَهَا ] [ أبو داوٗد، الطلاق، باب في المراجعۃ : ۲۲۸۳، وقال الألباني صحیح ] “The Prophet (peace and blessings be upon him) divorced Hafsah (may Allah be pleased with her), then took her back.”

(Ayah 1) ➊ {يٰۤاَيُّهَا النَّبِيُّ اِذَا طَلَّقْتُمُ النِّسَآءَ … :} Here is a question: At first, only the Prophet (peace and blessings be upon him) was addressed with {’’ يٰۤاَيُّهَا النَّبِيُّ ‘‘}, then why in {’’ اِذَا طَلَّقْتُمْ‘‘} is the address in the plural? The answer is that since the rulings of divorce are common to both the Prophet (peace and blessings be upon him) and his Ummah, both he and his Ummah are addressed with {’’ اِذَا طَلَّقْتُمْ‘‘}, but at first, he is addressed specifically out of respect, just as a leader of a nation is told, “O so-and-so! You do this,” meaning you and your people do this. So it is as if it is said, “O Prophet! When you people divorce,” meaning you and your Ummah divorce.

➋ {’’ اِذَا طَلَّقْتُمْ‘‘} (“When you divorce”) means when you intend to divorce, as in Surah Al-Ma’idah, verse (6) {’’ اِذَا قُمْتُمْ اِلَى الصَّلٰوةِ فَاغْسِلُوْا وُجُوْهَكُمْ وَ اَيْدِيَكُمْ ‘‘}.

➌ {’’ النِّسَآءَ ‘‘} refers only to those women with whom consummation has taken place after marriage, because those women who are divorced before consummation have no ‘iddah. (See Surah Al-Ahzab: 49).

➍ {فَطَلِّقُوْهُنَّ لِعِدَّتِهِنَّ : } When you want to divorce women, it is not that you can divorce whenever you wish, but divorce them at the time of their ‘iddah, meaning when the woman is pure from menstruation, divorce her in a state of purity without intercourse, so that her ‘iddah is completed without any deficiency or excess. Because if you divorce her during menstruation, if you count that menstruation in the ‘iddah, the ‘iddah will be less than three menstruations, and if you do not count it, it will be more than three, because with the three subsequent menstruations, the remaining days of this menstruation after divorce will also be included. Similarly, if you divorce her in a purity in which you have had intercourse, it is possible that she may become pregnant, and in that case, it will not be known whether her ‘iddah will be three menstruations or until childbirth. Abdullah bin Umar (may Allah be pleased with them) narrates that he divorced his wife while she was menstruating. Umar (may Allah be pleased with him) mentioned this to the Messenger of Allah (peace and blessings be upon him), so he (peace and blessings be upon him) said: [ مُرْهُ فَلْيُرَاجِعْهَا، ثُمَّ لِيُمْسِكْهَا حَتّٰی تَطْهُرَ ثُمَّ تَحِيْضَ، ثُمَّ تَطْهُرَ، ثُمَّ إِنْ شَاءَ أَمْسَكَ بَعْدُ وَ إِنْ شَاءَ طَلَّقَ قَبْلَ أَنْ يَمَسَّ، فَتِلْكَ الْعِدَّةُ الَّتِيْ أَمَرَ اللّٰهُ أَنْ تُطَلَّقَ لَهَا النِّسَاءُ ] [ بخاري، الطلاق، باب قول اللّٰہ تعالٰی : «یا أیھا النبي…» : ۵۲۵۱ ] “Order him to take her back, then keep her until she becomes pure, then she menstruates, then becomes pure, then if he wishes, he may keep her, and if he wishes, he may divorce her before touching her, for this is the ‘iddah at which Allah has commanded women to be divorced.” If the woman is pregnant, she can be divorced at any time, because her ‘iddah is known and clear, as will come ahead in {’’ وَ اُولَاتُ الْاَحْمَالِ اَجَلُهُنَّ اَنْ يَّضَعْنَ حَمْلَهُنَّ ‘‘}.

➎ Allah Almighty has prescribed this time for divorce so that, as far as possible, the relationship between husband and wife remains intact. If a man gets angry, he should not immediately divorce, but wait for the time that Allah Almighty has commanded. By then, his anger will have cooled, and after menstruation, the inclination a husband feels toward his wife will prevent him from divorcing. Similarly, pregnancy prevents the husband from divorcing, because the hope of the coming guest restrains him from this action. Giving divorce at these two times means that the divorce is not due to a temporary outburst but is given after careful thought. After that, in the form of ‘iddah, both are ordered to live together in one house for a considerable period, so that perhaps a way may be found for their relationship to continue. Alas! Muslims did not care for this command of Allah Almighty (except whom Allah wills), whereas if they waited for the time prescribed by Allah Almighty for divorce, the need for divorce would rarely arise, and then, due to the blessing of ‘iddah, there would be much hope for reconciliation.

➏ It is only permissible to give one divorce at a time; giving more than that is forbidden. If someone gives more than one divorce at a time, only one divorce will count. For details, see the commentary of Surah Al-Baqarah (229, 230).

➐ { وَ اَحْصُوا الْعِدَّةَ : ’’أَحْصٰي يُحْصِيْ‘‘} means to count and enumerate well. It is derived from {’’حَصًي‘‘} (pebbles). The Arabs were unlettered; when they had to count something numerous, they would place a pebble for each, and at the end, count the pebbles. {’’ الْعِدَّةَ ‘‘} (on the pattern of {فِعْلَةٌ}) means {’’مَعْدُوْدٌ‘‘}, counted days, just as {’’طِحْنٌ‘‘} means {’’مَطْحُوْنٌ‘‘} (ground flour). That is, the days after which, once they have passed, it becomes permissible for the woman to marry another man. The “al” in it is for specification, meaning the ‘iddah that is explained in other verses. (See Al-Baqarah: 228; At-Talaq: 4) The command to count the ‘iddah well is so that you do not take her back after the ‘iddah has ended, or the woman marries another man before the ‘iddah is over, both of which are unlawful.

➑ { وَ اتَّقُوا اللّٰهَ رَبَّكُمْ :} The mention of the personal name {’’ اللّٰهَ ‘‘} and the attributive name {’’رَبٌّ‘‘} is to command fear of Allah Almighty, Who is nurturing man at every moment, meaning fear Allah from giving divorce during those days in which it is forbidden, because in this is disobedience to Allah and harm to the woman. Similarly, fear Allah from expelling women from their homes during the days of ‘iddah.

➒ { لَا تُخْرِجُوْهُنَّ مِنْۢ بُيُوْتِهِنَّ وَ لَا يَخْرُجْنَ : ’’ بُيُوْتِهِنَّ ‘‘} refers to the husbands’ homes in which the women are living; because of their residence, they are called their homes. That is, it is necessary for the woman to spend the days of ‘iddah in the husband’s house; neither are husbands allowed to expel them from their homes, nor are they themselves allowed to leave. The wisdom of this is explained ahead in {’’ لَعَلَّ اللّٰهَ يُحْدِثُ بَعْدَ ذٰلِكَ اَمْرًا ‘‘}, that by living together in one house for this period, there is hope that Allah Almighty will create a way for reconciliation and return. If both separate immediately and there is no opportunity for meeting, reconciliation becomes very difficult. Allah Almighty, by instilling His fear, has given this command with great emphasis, but Muslims have rarely cared for it; hardly any man lets the woman stay in his house after divorce, or any woman stays there.

➓ { اِلَّاۤ اَنْ يَّاْتِيْنَ بِفَاحِشَةٍ مُّبَيِّنَةٍ : ’’ فَاحِشَةٌ ‘‘} means any word or deed that is extremely reprehensible. {’’ مُبَيِّنَةٍ ‘‘} means open and clear. {’’ بِفَاحِشَةٍ مُّبَيِّنَةٍ ‘‘} includes, besides adultery, theft, etc., a woman’s verbal abuse and cursing of her husband or his family. Al-Tabari has narrated with a good chain from Muhammad bin Ibrahim from Ibn Abbas (may Allah be pleased with them), who said: [ اَلْفَاحِشَةُ أَنْ تَبْذُؤَ عَلٰی أَهْلِهَا ] “Fahishah here means that she abuses the household.”

⓫ {وَ تِلْكَ حُدُوْدُ اللّٰهِ وَ مَنْ يَّتَعَدَّ حُدُوْدَ اللّٰهِ فَقَدْ ظَلَمَ نَفْسَهٗ :} That is, the man who divorces the woman at a time when it is not allowed, or expels her from the house during ‘iddah, or the woman who leaves herself, should not think that they are committing a minor mistake; rather, they are transgressing the limits set by Allah, and whoever transgresses the limits of Allah is certainly wronging his own soul.

⓬ {لَا تَدْرِيْ لَعَلَّ اللّٰهَ يُحْدِثُ بَعْدَ ذٰلِكَ اَمْرًا :} That is, the command for the woman to stay in the husband’s house during ‘iddah after divorce is so that perhaps Allah Almighty may create a way for reconciliation between them, and the husband may take her back. From this, it is understood that the command to spend ‘iddah in the husband’s house is for the divorce in which return is possible, and that is only the first and second divorce; these are called revocable divorces, and during their ‘iddah, the woman’s residence and maintenance are the husband’s responsibility. As for the ‘iddah of the third divorce, although the woman cannot marry another man during it, the husband also cannot take her back, so during this period, her residence is not only not the husband’s responsibility, but it is not appropriate for her to stay in his house, because due to previous familiarity, there is a risk of transgression, while she is not lawful for him, as He said: «فَاِنْ طَلَّقَهَا فَلَا تَحِلُّ لَهٗ مِنْۢ بَعْدُ حَتّٰى تَنْكِحَ زَوْجًا غَيْرَهٗ» [ البقرۃ : ۲۳۰ ] “Then if he divorces her (the third time), she is not lawful for him after that until she marries another husband.” Although many Imams have considered her residence the husband’s responsibility, according to this verse and the authentic hadith of the Messenger of Allah (peace and blessings be upon him), after the third divorce, her residence is not the husband’s responsibility. Fatimah bint Qays (may Allah be pleased with her) says: [ أَنَّهُ طَلَّقَهَا زَوْجُهَا فِيْ عَهْدِ النَّبِيِّ صَلَّی اللّٰهُ عَلَيْهِ وَسَلَّمَ وَ كَانَ أَنْفَقَ عَلَيْهَا نَفَقَةَ دُوْنٍ، فَلَمَّا رَأَتْ ذٰلِكَ قَالَتْ وَاللّٰهِ ! لَأُعْلِمَنَّ رَسُوْلَ اللّٰهِ صَلَّی اللّٰهُ عَلَيْهِ وَسَلَّمَ فَإِنْ كَانَ لِيْ نَفَقَةٌ أَخَذْتُ الَّذِيْ يُصْلِحُنِيْ وَإِنْ لَمْ تَكُنْ لِيْ نَفَقَةٌ لَمْ آخُذْ مِنْهُ شَيْئًا، قَالَتْ فَذَكَرْتُ ذٰلِكَ لِرَسُوْلِ اللّٰهِ صَلَّی اللّٰهُ عَلَيْهِ وَسَلَّمَ فَقَالَ لَا نَفَقَةَ لَكِ وَلَا سُكْنٰي ] [مسلم، الطلاق، باب المطلقۃ البائن لا نفقۃ لہا : ۳۷ /۱۴۸۰ ] “During the time of the Prophet (peace and blessings be upon him), her husband divorced her and gave her a small allowance. When she saw this, she said: ‘By Allah! I will bring this matter to the knowledge of the Messenger of Allah (peace and blessings be upon him), then if there is maintenance for me, I will take what is sufficient for my condition, and if there is no maintenance for me, I will not take anything from it.’ She says, I mentioned this to the Messenger of Allah (peace and blessings be upon him), and he said: ‘There is neither maintenance nor residence for you.’ Note that in another narration in Sahih Muslim in the same chapter, it is explicitly stated that her husband had given her the third divorce.