Baqarah 224-9
Qur’anic Exegesis
Javed Ahmad Ghamidi / Shehzad Saleem
وَلَا تَجْعَلُوا اللَّهَ عُرْضَةً لِأَيْمَانِكُمْ أَنْ تَبَرُّوا وَتَتَّقُوا وَتُصْلِحُوا بَيْنَ النَّاسِ وَاللَّهُ سَمِيعٌ عَلِيمٌ لَا يُؤَاخِذُكُمْ اللَّهُ بِاللَّغْوِ فِي أَيْمَانِكُمْ وَلَكِنْ يُؤَاخِذُكُمْ بِمَا كَسَبَتْ
[There are certain other issues regarding women also that you must know] and for your oaths1do not make the name of Allah an obstacle to deal kindly and to observe the limits of Allah and to make peace among men, and [you should know that] Allah knows all and hears all. He will not hold you liable for your oaths
قُلُوبُكُمْ وَاللَّهُ غَفُورٌ حَلِيمٌ لِلَّذِينَ يُؤْلُونَ مِنْ نِسَائِهِمْ تَرَبُّصُ أَرْبَعَةِ أَشْهُرٍ فَإِنْ فَاءُوا فَإِنَّ اللَّهَ غَفُورٌ رَحِيمٌ وَإِنْ عَزَمُوا الطَّلَاقَ فَإِنَّ اللَّهَ سَمِيعٌ عَلِيمٌ(224-7)
sworn inadvertently. But He will take you to task for oaths sworn with your heart’s intention and [in reality], Allah is forgiving and lenient2. So those who swear to abstain from their wives3must wait four months. If they change their mind, Allah is forgiving and ever-merciful4; but if they decide to divorce them, [know that] He hears all and knows all5. (224-7)
وَالْمُطَلَّقَاتُ يَتَرَبَّصْنَ بِأَنفُسِهِنَّ ثَلَاثَةَ قُرُوءٍ وَلَا يَحِلُّ لَهُنَّ أَنْ يَكْتُمْنَ مَا خَلَقَ اللَّهُ فِي أَرْحَامِهِنَّ إِنْ كُنَّ يُؤْمِنَّ بِاللَّهِ وَالْيَوْمِ الْآخِرِ وَبُعُولَتُهُنَّ أَحَقُّ بِرَدِّهِنَّ
And [if the latter situation develops], the divorced women must keep themselves waiting for three menstrual6courses7. And it is unlawful for them, if they believe in Allah and the Last Day, to hide8what He has created in their wombs. And if their husbands wish to reform9affairs, they [— the husbands— ] have greater right to take them back [in this waiting period] should they desire reconciliation. And [this is because there is no doubt
فِي ذَلِكَ إِنْ أَرَادُوا إِصْلَاحًا وَلَهُنَّ مِثْلُ الَّذِي عَلَيْهِنَّ بِالْمَعْرُوفِ وَلِلرِّجَالِ عَلَيْهِنَّ دَرَجَةٌ وَاللَّهُ عَزِيزٌ حَكِيمٌ (228)
الطَّلَاقُ مَرَّتَانِ فَإمْسَاكٌ بِمَعْرُوفٍ أَوْ تَسْرِيحٌ بِإِحْسَانٍ وَلَا يَحِلُّ لَكُمْ أَنْ
that] just as according to [society’s] norms these women have obligations [towards their husbands], they also have rights10, although men [as husbands] have a status above11 women. [This is the directive of Allah] and Allah is mighty and wise12. (228)
This divorce may be pronounced twice [during the period of the marriage]13, and then a woman must be retained in honour or allowed to go with kindness. [If you decide to depart from her them, then on this occasion] it is unlawful for you to take back from them anything you have given them14 unless both the husband and wife fear that they
تَأْخُذُوا مِمَّا آتَيْتُمُوهُنَّ شَيْئًا إِلَّا أَنْ يَخَافَا أَلَّا يُقِيمَا حُدُودَ اللَّهِ فَإِنْ خِفْتُمْ أَلَّا يُقِيمَا حُدُودَ اللَّهِ فَلَا جُنَاحَ عَلَيْهِمَا فِيمَا افْتَدَتْ بِهِ تِلْكَ حُدُودُ اللَّهِ فَلَا تَعْتَدُوهَا وَمَنْ يَتَعَدَّ حُدُودَ اللَّهِ فَأُوْلَئِكَ هُمْ الظَّالِمُونَ(229)
maynot be able to keep within the bounds set by Allah. Then if you also feel that they will not be able to remain within the bounds set by Allah, then there shall be no offence for either of them [regarding the gifts given by the husband] if the wife seeks divorce [by returning them to him] in ransom15. These are the bounds set by Allah; do not transgress them. [And you should know that] those who transgress the bounds of Allah are wrongdoers16.(229)
Researcher’s Companion
I Meaning & Morphology (الصرف و اللغة)
1. ‘قَرْءٌ’
The word ‘قَرْءٌ’ is among those words of the Arabic language which are classed as ‘اَضْدَاد’. They are words which have two meanings entirely opposite to one another. It is the context which determines the shade of meaning in which they are used. Example of such words are ‘بَيْع’ which means both ‘sale’ and ‘purchase’, and ‘اَسَرَّ’ which means both ‘to reveal’ and ‘to conceal’.
As pointed out by the author (ref. 6), the context readily suggests that the word ‘قَرْءٌ’ here means ‘حَيْض’ (the period of menstruation) and not ‘طُهْر’ (the period of purity)1.
2. أَحَقُّ
The comparative degree in this word (‘greater rights’) does not imply that the wife also has the right to revoke divorce and that her husband’s right to divorce is only greater. Instead, it actually suggests that, as pointed out by Zamakhshari2, if a wife does not accept reconciliation, then the will of the husband shall prevail. In other words, the comparison is between the right of the husband and the wife’s rejection of the husband’s decision.
3.‘دَرَجَةٌ’
This indefinite noun here connotes ‘وَحْدَانِيَّه’. The implied meaning is that the superiority of husbands is not absolute; it is only in one sphere: as head of the family, as the context suggests. The previous verses mention the rights of the husband as head of the family. Also, this relative ‘superiority’ is not being mentioned regarding women and men generally, but within the framework of the marital relationship and in reference to a specific aspect.
4. ‘ال’ in ‘الطَّلَاقُ مَرَّتَانِ’
Technically speaking the ‘ال’ on ‘الطَّلَاقُ مَرَّتَانِ’ is for ‘غهد’ and not of ‘جنس’ as some exegetes contend. The implied meaning after taking into consideration this fact would be: ‘the divorce which has been mentioned above in which a husband can revoke his decision can be given twice only’.
II Eloquence & Style (الاساليب و البلاغة)
1. Tadmin in ‘يُؤْلُونَ مِنْ نِسَائِهِمْ’
The conventional preposition after ‘يُؤْلُونَ’ is‘عَلى’. However, the preposition ‘مِِنْ’ after it shows the existence of Tadmin. In other words, the verb encompasses the meaning of ‘drawing away’. While pointing it out Zamakhshariwrites3:
قد ضمن فى هذا القسم المخصوص معنى البعد فكانه قيل: يبعدون من نساءهم مؤلين او مقسمين
Contained in this specific oath is the meaning of withdrawal as if the implied import is: they withdraw from their wives while swearing…
2. Khabr li’l-amr
In the expression‘…وَالْمُطَلَّقَاتُ يَتَرَبَّصْنَ’, the predicate, which is in the form of a verb, connotes the imperative mood. Thus ‘Divorced women wait…’ is actually ‘Divorced women should wait...’ Such usage actually places emphasis on the imperative. It is as if the directive has already been obeyed. A similar expression is‘…وَلْوَالِدَاتُ يُرضِِعْنَ اَوْلَادَهُنَّ’ (Mothers should suckle their offspring…(2:233)). Invocations like‘رَ حِمَكَ اللَّه’ and ‘حَسْبِىَ اللَّه’ also reflect this usage.
3. Ellipses
i. As opined by Abu Hayyan4, the pithy expression‘وَلَهُنَّ مِثْلُ الَّذِي عَلَيْهِنَّ بِالْمَعْرُوفِ’ that occurs at the end of verse 228 can be unfolded thus: ‘وَلَهُنَّ عَلَى اَزْوَاجِهِنَّ مِثْلُ الَّذِي لِاَزْوَاجِهِنَّ عَلَيْهِنَّ بِالْمَعْرُوفِ’.
ii. One feature of Qur’anic Arabic is that it does not employ words which can be avoided to convey the required meaning. For example, though there is a word (اَيْضاً) in classical Arabic for ‘also’, the Qur’an has not used it at all. It uses the context to ‘insert’ this word in a sentence. This elliptical style of course adds to the eloquence of the language. Here, the words ‘فَإِنْ خِفْتُمْ أَلَّايُقِيمَا حُدُودَ اللَّهِ’ (2:229) present a very good example of this. In the preceding verse the word ‘يَخَافَا’ refers to apprehension of the husband and wife and here as ‘خِفْتُمْ’ it refers to the apprehension of the elders of the society. Thus, the word ‘also’ must be considered present or else the words would lose their stress and actual import.
III Exegesis and Explanation (الشرح و التفسير)
1. The part of verse 229 ‘…وَلَا يَحِلُّ لَكُمْ أَنْ تَأْخُذُوا مِمَّا آتَيْتُمُوهُنَّ شَيْئًا’ till the end of the verse is often interpreted to mean the right of a wife to seek divorce from her husband (خُلع).* Many commentators argue that these verses suggest that a woman must pay some money to her husband in order to liberate herself from him. However, if the context of the verse is taken into consideration, this cannot be the meaning of the verse, as pointed out by the author (ref. 15). The husband is first told that if he finally decides to divorce his wife, then he must be decent enough not to take back any gifts he may have given his wife. Then, in the aforementioned verse, he is told that in one exceptional case it is lawful for him to take back some gifts: when both parties desire legal separation, but the husband desists from divorce because he believes his financial loss, through wealth, assets or property, would be too significant. In such a case, it would be acceptable for the wife to return the gifts to her husband and for the husband to accept them.
IV Scriptures and Testaments (العهود والصحف)
1. The Qur’anic words ‘and for your oaths do not make the name of Allah an obstacle’ (2:224) are comparable to the following verse of the Old Testament:
You shall not misuse the name of the Lord your Lord, for the Lord will not hold anyone guiltless who misuses his name. (Exodus, 20:7)