Surah At-Talaaq (65) — Ayah 1

1. O Prophet! When you divorce women, divorce them for the prescribed period [1] and count the period accurately. And fear Allah, your Lord. Do not expel them from their homes, nor should they leave [2], unless they commit a clear indecency [3]. These are the limits set by Allah [4]. And whoever transgresses the limits of Allah has surely wronged himself [5]. You do not know—perhaps Allah will bring about a new situation [6] after that.

[1]
Different Cases of Increase and Decrease in the Waiting Period (‘Iddah) for Women:

Many rulings regarding divorce and ‘iddah have already been mentioned in Surah Al-Baqarah, and some are also mentioned in Surah Al-Ahzab. Their completion is found in the rulings mentioned in Surah At-Talaq. Therefore, it is necessary to also review the previous rulings. Since in the case of divorce, the conditions of women differ and so does their ‘iddah, the clarification of ‘iddah is given first:

1. The ‘iddah of a non-pregnant widow is four months and ten days. [2: 239]
2. The ‘iddah of a pregnant widow is until delivery. [65: 4]
As is evident from the following hadith: Abu Salamah says that a man came to Ibn Abbas (may Allah be pleased with them both) while Abu Hurairahؓ was also sitting with him. The man said: “A woman gave birth forty days after her husband died. What is your verdict regarding her ‘iddah?” Ibn Abbas (may Allah be pleased with them both) said, “She should complete the long ‘iddah (four months and ten days).” Abu Salamahؓ said: “Then what is the meaning of the verse: ‘The ‘iddah of pregnant women is until they deliver’?” And Sayyiduna Abu Hurairahؓ said: “I agree with the opinion of my nephew Abu Salamahؓ.” Finally, Ibn Abbas (may Allah be pleased with them both) sent his servant Kuraib to Umm al-Mu’minin Umm Salamah (may Allah be pleased with her) to ask about this issue. Umm Salamah (may Allah be pleased with her) said: “The husband of Subai’ah Aslamiyyah (Sa’d bin Khawlah) died while she was pregnant. Forty days after her husband’s death, she gave birth, and marriage proposals started coming to her. And the Prophet ﷺ gave her permission to marry. Among those who proposed was Abu Sanabil.” [بخاري۔ كتاب التفسير]
3. A woman who has not been consummated with, whether she is a widow or divorced, has no ‘iddah. [32: 49]
4. A woman who does not menstruate, whether she has not yet started menstruating (i.e., is prepubescent) or has stopped due to old age or illness, her ‘iddah is three lunar months. [65: 4] That is, the verse number 4 of this surah refers to this case.
5. The ‘iddah of a pregnant divorced woman is until delivery. [65: 4] That is, verse number 4 of this surah.
6. The ‘iddah of a menstruating, non-pregnant woman is three “quroo’” [2: 228] The meaning of “qur’” is both menstruation and the state of purity. The Hanafis take it to mean three menstruations, while the Shafi’is and Malikis take it to mean three periods of purity. Understand this difference with the following example:
The correct way to give 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 ‘iddah should be allowed to pass. After the ‘iddah, the woman will become irrevocably separated. Now, suppose a woman named Hindah gets her period for the first three days of every lunar month. Her husband divorces her after she becomes pure from menstruation, on the 4th of Muharram. According to the Hanafis, her ‘iddah will end after three complete menstruations, i.e., on the evening of the 3rd of Rabi’ al-Thani, when she bathes after her period. According to the Shafi’is and Malikis, her ‘iddah will end when her third period begins, i.e., on the morning of the 1st of Rabi’ al-Thani, when her period starts, resulting in a difference of three days.

The Importance of ‘Iddah:

Now, let us turn to the Divine command. It is said: “When you divorce women, divorce them for their ‘iddah.” From this, it is understood that the correct calculation of ‘iddah is extremely important. Therefore, pay full attention to it. The reasons for its importance are as follows:

1. The purpose of ‘iddah is to protect lineage and to end disputes over inheritance. During ‘iddah, it becomes clear whether the woman is pregnant or not. If she is pregnant, her ‘iddah will be until delivery. This is why a woman who is divorced before consummation does not have to observe ‘iddah. [33: 49]
Because in this case, there is no possibility of confusion in lineage or dispute over inheritance.
2. During ‘iddah, the divorced woman remains the wife of her husband, and during this period, the husband’s rights are to be observed, as stated elsewhere: ﴿فَمَا لَكُمْ عَلَيْهِنَّ مِنْ عِدَّةٍ﴾ [49:33] That is, it is the responsibility of the divorced woman to spend her ‘iddah at her husband’s house, and it is the man’s right that the woman spends her ‘iddah at his house. During this period, the man has full right to have intercourse with her, and he can exercise this right even without the woman’s consent.
3. During ‘iddah, no one else has the right to marry this woman, let alone propose to her. If the husband divorces the woman while she is not at home, or she has gone to her parents’ house, or she is sent a message of divorce at her parents’ house, and the woman marries during ‘iddah, that marriage will be invalid.

[2]
The Command and Wisdom of Spending the Period of ‘Iddah at the Husband’s House:

Spending the ‘iddah anywhere other than the husband’s house is un-Islamic and sinful: It is common among us that if there is a quarrel between husband and wife, the wife goes to her parents’ house in anger, or the husband himself sends her to her parents’ house. Later, at some point, he sends three divorces at once in writing, or the husband divorces the wife and throws her out of the house, or the wife herself goes to her parents’ house. In all these cases, the woman spends her ‘iddah at her parents’ house. All these things are against the Shari’ah and are sinful acts. Because Allah’s command is that the woman will spend her ‘iddah at the house of the husband who divorced her. That is why Allah has placed the responsibility of residence and maintenance during ‘iddah on the man, and the responsibility of the widow’s expenses on the heirs of the deceased, who will inherit the estate. There are many wisdoms in this command. The greatest wisdom is that Allah wants that the marital bond established between a man and a woman should be maintained by both spouses to the best of their ability. Permission for divorce is given only in unavoidable circumstances, when the situation becomes uncontrollable. Thus, the Prophetic saying is: ﴿ان ابغض الحلال الي الله الطلاق﴾ [ابوداؤد۔ كتاب الطلاق] That is, divorce is permissible and lawful, but it is extremely disliked by Allah. Now, if the woman stays in her husband’s house, there are many possibilities for reconciliation, mutual consent, and return, which become impossible if the ‘iddah is spent elsewhere.

[3]
Different Aspects of Clear Immorality:

That is, if they commit clear immorality, then it is permissible to expel them from the house. Clear immorality can mean adultery, as these words are used for adultery at several places in the Quran. It can also mean “nushuz,” i.e., the woman adopting a stubborn and contentious attitude in every matter, always opposing the man’s opinion, or being foul-mouthed and continuing to do so, i.e., creating such circumstances that instead of reconciliation, further discord and tension arise. This foul language or contention can be directed at the man or his close relatives, such as his parents, etc. The fourth meaning is the woman herself leaving the house. That is, a woman leaving the man’s house by herself during ‘iddah is also considered ﴿فَاحِشَةً مُّبَيِّنَةً﴾. In such a case, there is no need to bring her back home.

[4] To understand the correct meaning of Allah’s limits, first consider the following hadith: Sayyiduna Abdullah bin Umar (may Allah be pleased with them both) divorced his wife (Aminah bint Ghafar) while she was menstruating. Sayyiduna Umarؓ mentioned this to the Messenger of Allah ﷺ. The Prophet ﷺ became angry at this and said to Umarؓ: “Order Ibn Umar (may Allah be pleased with them both) to take her back and keep her with him until she becomes pure. Then she should menstruate again, then become pure. Then, if he wishes to divorce her, he should do so in the state of purity, but without intercourse. This is the ‘iddah which Allah has commanded. And this is what is meant by ﴿طَلِّقُوْهُنَّ لِعِدَّتِهِنَّ﴾.” [بخاري۔ كتاب التفسير]

The Correct and Sunnah Method of Divorce:

In this hadith, the method of giving divorce and correctly counting the ‘iddah is explained, and the following points are learned from it:

1. Giving divorce during menstruation is such a sinful act and a violation of Allah’s law that the Messenger of Allah ﷺ became angry. Because if divorce is given during menstruation, the three “quroo’” cannot be correctly counted, whether “qur’” is taken to mean menstruation or purity. If it is taken to mean purity, then the remaining days of menstruation after divorce are counted in excess of the ‘iddah, and if it is taken to mean menstruation, the question arises whether the menstruation during which divorce was given should be counted or not. Whatever option is chosen, it will be a violation of Allah’s law.
2. The words of the Prophet ﷺ, “Order him to take her back,” show that although giving divorce during menstruation is against the Sunnah and sinful, legally it will still count as one divorce, otherwise there would be no point in taking her back. Based on this, the jurists say that although giving three divorces in one sitting is against the Sunnah and forbidden, all three divorces will take effect.
3. To the extent of analogy, their statement seems correct. But in the presence of the text that during the Prophetic era, the era of Abu Bakrؓ, and the first two years of the era of Umarؓ, three divorces given in one sitting were counted as only one divorce, [مسلم۔ كتاب الطلاق۔ باب طلاق الثلاث]
this analogy loses its value. Because analogy is not permissible in the presence of a clear text.
4. Divorce should be given in the state of purity in which there has been no intercourse, and the best way is to give divorce at the beginning of the period of purity. However, a woman who has not been consummated with can be divorced in both the state of purity and menstruation, because in her case, issues of lineage and inheritance do not arise. Similarly, a woman who does not menstruate or is pregnant can be divorced even after intercourse, because in these cases, the purpose of ‘iddah is not compromised or doubtful.
5. The correct method of divorce is that in the period of purity in which the man wishes to divorce, he should not have intercourse. Then, giving one divorce is sufficient, and the entire ‘iddah should be allowed to pass. In this way, an irrevocable divorce will take effect, and there are two benefits: first, the man retains the right to return until the end of the ‘iddah, and second, even after the divorce takes effect, if both parties agree, there remains the possibility of renewing the marriage.

The Three Types of Divorce:

According to the Hanafis, there are three types of divorce: (1) Ahsan, (2) Hasan, (3) Bid’i [هدايه اولين۔ كتاب الطلاق۔ باب طلاق السنة]
Ahsan is the method mentioned in the above hadith. It is also called “talaq al-sunnah,” and the Companions (may Allah be pleased with them) preferred this method. Hasan divorce is to give one divorce in each period of purity without intercourse, i.e., the first in one period of purity, the second in the next, and the third in the third. In this case, as soon as the third divorce is given, the man’s right to return ends, although the ‘iddah is still ongoing. Furthermore, both parties cannot remarry until the woman marries another man unconditionally, and then if the new husband divorces her willingly or dies, the woman can remarry her first husband. This method of divorce is generally considered the Shari’ah method, but to the best of my knowledge, this method is not proven by any marfu’ hadith. Its source is the opinion of Sayyiduna Abdullah bin Abbasؓ, which is mentioned at the end of the hadith of Rukanah in Musnad Ahmad, vol. 1, p. 265, in these words: *Fakana Ibn Abbas yara innama al-talaq ‘inda kulli tuhr* (Ibn Abbas used to hold the opinion that divorce should be given in each period of purity), i.e., Ibn Abbas (may Allah be pleased with them both) was of the opinion that three divorces should not be given together, but separately in each period of purity. And Imam Shafi’i also considers this type of divorce to be against the Sunnah.

Forms of Bid’i Divorce:

Bid’i divorce is when a person (1) gives three divorces at once, (2) gives three divorces at different times in the same period of purity, (3) gives divorce during menstruation, and (4) gives divorce in a period of purity in which he has had intercourse. Whoever does any of these acts will be sinful. It should be clear that all jurists consider the bid’i method of divorce to be forbidden.

[5]
The Harms of Un-Islamic Divorce:

That is, whoever does not follow these laws will definitely suffer some harm in this world. Not giving divorce according to the Sunnah will lead to differences in counting the ‘iddah, and difficulties will arise. Then issues of lineage and inheritance will also arise, the right of return during ‘iddah or part of it will be lost, and there will be no way to renew the marriage without halalah. Some scholars have also taken this verse as evidence that giving three divorces at once results in all three taking effect. Otherwise, if it is counted as only one revocable divorce and the right of return remains, then what harm has occurred? The answer is that this is also an analogy, and analogy has no value in the presence of a clear text.

Giving Three Divorces at Once is a Major Sin and Forbidden:

As for the harm, is it not enough that he has committed a forbidden act and a major sin, and all jurists agree on this? And it is such a great sin that during the Prophetic era, when a person gave three divorces at once, the Prophet ﷺ stood up in anger and said: “Is the Book of Allah being played with and mocked in my presence?” To the extent that a person stood up and said: “O Messenger of Allah ﷺ! Should I not kill him?” [نسائی۔ کتاب الطلاق۔ باب الطلاق الثلاث المجموعۃ ومافیہ من التغلیظ]
Moreover, the very mindset is incorrect that if a person does not suffer any worldly punishment or harm for committing a major sin, he has not wronged himself. In fact, the real harm is the harm of the Hereafter.

[6] By new situation is meant the ways of reconciliation, mutual consent, and return that become apparent to both parties after coming to their senses and reflecting on the harms of divorce.