Surah Al-Baqara (2) — Ayah 228

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.