بِسمِ اللَّهِ الرَّحمٰنِ الرَّحيمِ

يا أَيُّهَا النَّبِيُّ إِذا طَلَّقتُمُ النِّساءَ فَطَلِّقوهُنَّ لِعِدَّتِهِنَّ وَأَحصُوا العِدَّةَ ۖ وَاتَّقُوا اللَّهَ رَبَّكُم ۖ لا تُخرِجوهُنَّ مِن بُيوتِهِنَّ وَلا يَخرُجنَ إِلّا أَن يَأتينَ بِفاحِشَةٍ مُبَيِّنَةٍ ۚ وَتِلكَ حُدودُ اللَّهِ ۚ وَمَن يَتَعَدَّ حُدودَ اللَّهِ فَقَد ظَلَمَ نَفسَهُ ۚ لا تَدري لَعَلَّ اللَّهَ يُحدِثُ بَعدَ ذٰلِكَ أَمرًا

O Prophet! When you divorce women, divorce them at [the conclusion of] their term and calculate the term, and be wary of Allah, your Lord. Do not turn them out from their houses, nor shall they go out, unless they commit a gross indecency. These are Allah’s bounds, and whoever transgresses the bounds of Allah certainly wrongs himself. You never know maybe Allah will bring off something new later on.

EXEGESIS

Ṭallaqtum (you divorce) comes from ṭalāq, which literally means to free something from constraints. In this sense, to divorce one’s spouse is to free them from the bonds of matrimony.^{‎[1]Raghib, p. 523.} The term ‘you’ in English is somewhat ambiguous, and can be used for both single and plural, but in Arabic there is no ambiguity and the word used here is plural, clearly meaning that even though the surah begins with an address to the Prophet and he is the one being hailed, the speech is directed at his whole nation.^{‎[2]Tibyan, 10/28.} The verb in Arabic is also in the past tense (lit. ‘you divorced’), however that is interpreted to mean ‘when you intend to divorce’, as otherwise the repetition divorce them would make no sense if it is talking about something that has already happened.^{‎[3]Tibyan, 10/28; Mizan, 19/312; Razi, 30/558. Such as the verse, When you stand up for prayer (5:6), meaning: when you stand up with the intention to pray.}

ʿIddah (term) comes from ʿadad which means compounded singulars. From this we get the meaning of counting, or adding up, as in, Certainly He has counted them (aḥṣā) [all] and numbered (ʿadda) them precisely (19:94). A set or limited number of days that can be calculated is called a number (maʿdūdah) of days (2:80).^{‎[4]Raghib, p. 550.} Because the waiting period in which a woman must remain after a divorce is fixed in length (and not for example dependent on her emotional state, or how long they were separated before the divorce, etc.), it is called ʿiddah.

Aḥṣū (calculate) is closely linked to the previous word. It originated from the word ḥaṣā, meaning pebbles.^{‎[5]Lisan, 14/183.} Rāghib says because pebbles were used for counting, like fingers, the word calculate comes from that root.^{‎[6]Raghib, p. 240.} To calculate the term means to calculate the clean periods that she must wait, and to keep them exactly.^{‎[7]Mizan, 19/312.}

Fāḥishah (indecency) means an abhorrent act or speech, or anything that is contrary to truth or justice.^{‎[8]Lisan, 6/325-326.} In this verse it is used in a general sense, meaning a sin exceeding in indecency or an act of great disobedience towards God.^{‎[9]Tabari, 28/87.}

Mubayyinah (gross) comes from bayyinah, meaning clear, rational evidence, such as in the verse, their apostles brought them manifest proofs (30:9).^{‎[10] Raghib, p. 157.} Here it means that the indecency should not be something small or debatable, but rather clear-cut and significant.

Yataʿadda (transgresses) comes from taʿaddī, which means to exceed the boundaries set by God, and by doing so entering into sin.^{‎[11] Tibyan, 10/32.} The root of the word is ʿadw, which means enmity and transgressing boundaries of friendship.^{‎[12] Raghib, p. 553.}

Ḥudūd (bounds) comes from ḥadd, meaning the boundary between two things, separating them from each other and not allowing them to mix.^{‎[13] Raghib, p. 221.} Here it means the boundaries set by God in His law. Within those bounds His servants are free to act as they wish, but if they exceed those boundaries, they invite destruction to themselves. This relates strongly to the main theme of order in the surah.

Yuḥdithu (bring off new) comes from ḥudūth, meaning to bring about something that did not exist before, whether in essence or accident.^{‎[14] Raghib, p. 222.} Here it means to bring about some new turn of events, to change the situation so that it is not as it was. Thus, the word new in the translation is because of the word yuḥdithu.

Amr means any event (shaʾn), or a command and order. It is a general word used for all action and speech.^{‎[15] Raghib, p. 88.} Thus God says: and to Him all matters (al-amr kulluhu) are returned (11:123), as He is the originator of all, and nothing happens except by His leave and His power, His command (amr), when He wills something, is to say to it ‘Be’ and it is (36:82). He is in charge of creation and the ordering of all things, and All creation and command (amr) belong to Him (7:54). In brief, the command of God is present in all things, and it is what keeps them working in the way they should.

As mentioned in the Introduction, this word is central to the theme of the surah and is repeated in this chapter a total of nine times, albeit with some differences in meaning. It is useful to note that even in English the word ‘order’ is synonymous with being organised and proceeding in a non-chaotic and predetermined way.

In this verse, the word amr is used in its general sense of any action, speech, or event, hence it has been translated as something.

EXPOSITION

The surah begins with hailing the Prophet, even though, as we mentioned, it is all of his followers who are being addressed. This could be to remind them that they should place the Prophet as an exemplar for themselves. Even many of those who consider themselves believers will often forget the rights of others when it comes to the affair of divorce. By reminding them of the character of their noble Prophet, God is telling them to strive to act like him in the time of their divorce, and to overcome their base instincts.

Another reason suggested is that because the Prophet is the leader of the Muslims, addressing him includes the whole nation.^{‎[16] Tabrisi, 10/456; Razi, 30/559.}

The believers are ordered that if they decide to divorce their wives, they should divorce them for their term (ʿiddah).^{‎[17] The Arabic li in li-ʿiddatihinna can have the meaning of ‘for’, or ‘at’, to mean: divorce them for the duration of the appointed term, namely the waiting period of three menses; see Tabrisi, 10/456. Alternatively, it can have the meaning of ‘at’, meaning: divorce at the appointed time, namely the clean period in which intercourse has not happened; see Tantawi, 14/442. For this latter usage see also verse 17:78.} The term of a woman is the amount of time she must wait after a divorce. This time has its own special rulings, such as she must not remarry during that time, the husband should still provide (nafaqah) for her, they have a right to return to each other (in other words, a reconsideration period), and, as this verse points out, she should spend this time in the same house with her husband and he has no right to expel her from it. Nor shall they go out of the shared house means not moving out of it to live elsewhere; other than that, the wife can go in and out of the house to attend to her affairs.^{‎[18] See Qurtubi, 18/154.}

As for the length of the term, this depends on a variety of factors; but the standard is that she should wait for three clean periods in between her menstrual cycle, as per verse 2:228.^{‎[19] Tibyan, 10/30. Although some have interpreted this to mean three menstruations. See the commentary on 2:228 for more.} This surah later mentions examples of some exceptions to this, such as if she does not have menses or is pregnant.^{‎[20] See also verse 33:49, which clarifies that if a man divorces his wife before consummating the marriage, she will not have to observe any waiting period.} The scholars also point out that the order to divorce a wife for their term allows us to infer that she should be clean from menses when she is divorced.^{‎[21] Nemuneh, 24/220. It is also pointed out that the husband should not have had intercourse with her during that clean period; see Tabari, 28/83. One of the main reasons for this is probably to make sure that she is not pregnant, as perhaps they will not want a divorce if she is; see Razi, 30/559-560. The jurists have disagreed whether divorcing a woman contrary to these rules would still be considered a divorce. According to Shia scholars such a divorce is invalid, whereas most Sunni jurists considered it a ‘divorce of innovation’ (bidʿah), and that the one doing so had sinned, but upheld its validity nonetheless. See Tabrisi, 10/457; Razi, 30/560. See also Thalabi, 9/332, who mentions that Saʿīd ibn al-Musayyib agreed with the position of the Shia scholars on this issue. Qurṭubī explains that there are two permissible (ḥalāl) divorces and two impermissible (ḥarām) divorces. The permissible ones are to divorce her when she is not in her menses and before intercourse, or when she is pregnant and her pregnancy is known. The impermissible ones are to divorce her in her menses or after having had intercourse with her during her clean period (Qurtubi, 18/150).}

The believers are then commanded to calculate the term. It is important to keep track of the waiting period because of the specific rulings that apply during that time that we mentioned earlier.^{‎[22] Tabrisi, 10/457. The command calculate is also in the plural that encompasses both men and women, reinforcing what we said in that it is an instruction to both to be wary of their duties, as is the sentence that follows it.}

The ruling of the waiting period is followed by a stern reminder: and be wary of Allah, your Lord, meaning be wary of disobeying Him and committing sins.^{‎[23] Tibyan, 10/31.} The addition of your Lord (rabb), when simply be wary of Allah would have sufficed, is to remind the believers that God has the role of tarbiyah (instruction and guidance), thus His guidance is meant to ensure the best outcome for them, which increases their desire to follow it.^{‎[24] Razi, 30/561.}

This is an address to both the men and the women who are commanded to observe the waiting period. Neither should forget the rights that the other has over them during that time. The husbands should keep providing for their wives, and the wives should not hide any possible pregnancy from the husband, remembering that it is not lawful for them to conceal what Allah has created in their wombs (2:228).

This understanding is strengthened by the next sentence that emphasises that these rulings are addressed to both: Do not turn them out from their houses, nor shall they go out. The husband should not force the wife to leave the shared home before the waiting period is complete, nor should she leave it out of her own accord, and he should provide for her upkeep. Ṭūsī says this is only the case for a revocable divorce (rajʿī), in which they can return to each other. However, if it is irrevocable (bāʾin) he does not need to pay for her upkeep or housing. We may also point out that the repetition of the word divorce in the beginning of the verse (when you divorce women, divorce them) suggests that the divorce should be performed according to the way God has commanded. In other words, it should not just be a matter of leaving the shared house, but rather there should be an official divorce, just like for marriage there should be an official marriage according to Islamic custom and rites.^{‎[25] Tibyan, 10/31.}

This touches on one of the main objectives of the waiting period. The waiting period is meant to be a reconsideration period, to let the couple consider whether they truly wish to divorce or not. By staying in the same home for that time, it gives them a chance to communicate and talk and perhaps solve their disagreements.    

Unfortunately, many ignore or are ignorant of this ruling. Many partners may leave the shared home immediately upon divorce, which is contrary to the philosophy of the waiting period. The consequence of this is that many divorces that are decided hastily could have been reconciled, but instead result in permanent separation.^{‎[26] Nemuneh, 24/222.}

However, an exception to this is unless they commit a gross indecency. Sometimes, living in the same house after a divorce can create more problems than the good it can achieve. Here, God instructs the husband that if his wife is clearly acting in an indecent manner – by speaking foully, or slandering him, or committing sins openly, etc. – then he is allowed to insist that she leaves his house during the waiting period. Although it should be kept in mind that the verse specifies that the indecency should be gross, and therefore does not include just any small bickering.^{‎[27] Nemuneh, 24/222-223.}

There then follows a reminder and a warning. We are reminded that These are Allah’s bounds, in other words the rulings mentioned in the verse, the method in which the divorce is performed, the waiting period that should be kept, and the moral guidelines it entails are not just suggestions made by God, but rules that should be enforced and followed.

After this the address changes to the indefinite pronoun, meaning an important point is being made that applies to all, not just those who are divorcing. There is a warning that whoever transgresses the bounds of Allah certainly wrongs himself, because every sin first and foremost hurts the person doing it. If by ignoring the rights of one’s ex-spouse one thinks they have managed to bring some harm to them, they should realise that they are hurting themselves far more than that. This, along with the remaining reminder, is a nod towards the main theme of the surah. By following God’s commands, we ensure that our own affairs are in order. If we go against them, we can then only blame ourselves for any calamity that befalls us.

The final statement of the verse changes the address from an indefinite pronoun to the second person singular. This makes the address very personal, calling the reader to deeply reflect what is being said and to consider it in their own personal life and affairs. This is because what is being said delves into an issue that is deeply emotional. So it is that God finishes the verse by stating: You never know maybe Allah will bring off something new later on. This statement has generally been interpreted as meaning that perhaps the married couple will change their minds about divorce;^{‎[28] Tibyan, 10/32; Tabrisi, 10/458; Tabari, 28/88; Nemuneh, 24/224; Tantawi, 14/446-447. Qurtubi also mentions that this is evidence that divorcing a woman three times in one sitting (irrevocably) is not allowed; see Qurtubi, 18/152.} perhaps the anger will subside and turn into affection; perhaps loathing will wane and transform once again into love. As repeatedly mentioned, this is certainly one of the main philosophies of the waiting period.

A myopic view of affairs may make one assume that by strictly following the rules set by God and by being fair and just they are somehow giving the upper hand to their ex-spouse. However, one who possesses a deeper understanding will realise that by relying on God and being patient, one may end up in a better position than they started.

As we mentioned in the introduction, this surah is closely linked to the following surah and one such link is here: It may be that if he divorces you his Lord will give him, in [your] stead, wives better than you (66:5). Note the tone of hopeful possibility in the two verses,^{‎[29] Although Alusi argues that this verse in Sūrat al-Ṭalāq is actually more akin to a warning (tarhīb) than to a hope-giving statement (targhīb), however the tone of the continuing statement of giving sustenance completely belies this argument; see Alusi, 14/330.} it may be and you never know maybe; both verses suggest that a pious person could often be rewarded, for their piety in the face of difficulties, with an even better life. Hidden here in the deeper layers of the verses is a hugely important reminder that difficulties are trials for the believers, and a chance for their qualities of reliance on God and patience to show themselves. This also ties into the main theme of the surah.

INSIGHTS FROM HADITH

1. From Imam al-Ṣādiq (a): ‘There is nothing that God – mighty and glorious – has made permissible, [but] that He despises more, than divorce. Certainly God hates everyone who divorces and marries hastily.’^{‎[30] Kafi, 6/54; Wasail, 22/8. A similar narration is reported from Prophet Muhammad (s) in other sources; see Ibn Majah, 1/650; Abu Dawud, 1/484; Bayhaqi, 7/322.}
2. From Ṣafwān ibn Mihrān, from Imam al-Ṣādiq (a), that the Prophet said: ‘And there is nothing more hated to God – glorious and mighty – than a house in Islam that has been sundered by division, meaning divorce.’^{‎[31] Kafi, 5/328; Wasail, 20/16.}
3. From Zurārah, that Imam al-Bāqir (a) said: ‘As for the [revocable] divorce that has a waiting period, God – mighty and glorious is He – has said regarding it: divorce them at [the conclusion of] their term and calculate the term, [that means] that when any man amongst you wishes to divorce his wife for a revocable divorce, he should wait until she has her menses and then finishes her menses, then he can divorce her one divorce – without having intercourse [after her menses] – in the presence of two just witnesses. If he so wishes he may take her back the same day, or some days later before she has her menses, calling witnesses that he has taken her back. He can sleep with her until she has her menses. After she has her menses and purifies from it, he can divorce her another divorce – without having intercourse [after her menses] – and calls witnesses on that. Then he can return to her whenever he wishes before her menses, calling on witnesses that he has taken her back. He then stays with her until she has her third menses. Then after she is out of her third menses, he can divorce her a third divorce – without having intercourse [after her menses] – and calls on witnesses for that. So, if the person does that, he would be separated from her and she is not permitted for him until she marries another husband [and is divorced from him].’^{‎[32] Wasail, 15/348-349; the report is long and only a part of it has been quoted here.}

Note: This long hadith explains clearly how three divorces that lead to irrevocable separation should take place. It shows that the three divorces mentioned in 2:229-230 cannot take place in one session or in one day as many Sunni jurists have assumed. Rather, each divorce has to be after a different menstruation period.

4. From Zurārah, that Imam al-Bāqir (a) said: ‘Every divorce that is neither the divorce of sunnah or the divorce of ʿiddah is not valid at all.’ Zurārah then requested the Imam: ‘Explain to me [what is meant by] the divorce of sunnah and the divorce of ʿiddah.’ The Imam then proceeded to do so: ‘As for the divorce of sunnah, that is when a man wishes to divorce his wife; so he should wait until she menstruates and then ends the menstruation, and then he divorces her without having had intercourse with her [in that clean period], and two just witnesses should give testimony to that. He should then let her be until her clean periods pass, and in that case he has separated from her completely. [At that point] he is to her like any suitor, if she wishes she can marry him [again] and if she wishes she will not. He is responsible for her upkeep and housing as long as she is in her waiting period. They will also inherit from each other until the waiting period is finished.’ After that the Imam described the rulings of the divorce of ʿiddah as outlined in the previous hadith.^{‎[33] Kafi, 6/65.}
5. From Abū Baṣīr, that Imam al-Bāqir (a) said: ‘By God, if I was in charge of people’s affairs in any capacity I would stand over them with sword and whip until they divorced women for their waiting period in the way that God – glorious and mighty – commanded’^{‎[34] Kafi, 6/57.}

Note: These narrations seem to be clarifying a matter that was hotly debated amongst early Muslim scholars (and is still done so today), and that is the matter of the triple divorce. That is, is it permissible to divorce a woman three times (and thus irrevocably, as per verses 2:229-230) in one sitting? These narrations are apparently meant to clarify the specific conditions in which this triple divorce can take place. In other words, after the first divorce, he should take her back and wait at least until her next clean period before divorcing her again, and then doing the same thing one more time.^{‎[35] As for the position of Sunni scholars on the triple divorce, Mālik ibn Anas reportedly said: ‘I do not know of a divorce except (that which is done) once.’ He used to dislike the triple divorce, whether done in one sitting or in three different times, and Abū Ḥanīfah considered three in one sitting to be disliked. However, its validity is upheld by them; see Razi, 30/559.} In the terminology of these narrations, this was called the divorce of ʿiddah.

6. From Zurārah, that he heard Imam al-Bāqir (a) say: ‘I love that a man of understanding should divorce his wife the divorce of sunnah when he wishes to divorce her.’ He then said: ‘That is the one regarding which God said, maybe Allah will bring off something new later on, meaning that after the divorce and finishing her waiting period she has the choice to marry [him] before marrying a man other than him.’^{‎[36] Kafi, 6/66.}
7. From Nāfiʿ: ‘ʿAbd-Allāh ibn ʿUmar divorced his wife during her menstrual period, pronouncing the divorce once. The Messenger of God (s) ordered him to take her back and keep her until she became clean from menses, then stay with him until she began to menstruate again, then bide by her until she became clean, then if he wished he should divorce her before having intercourse. This is the waiting period that God ordered women to be divorced in.’^{‎[37] Bukhari, 6/184-185; Muslim, 4/179; Tabari, 28/84. In another version of this, Ibn ʿUmar is simply ordered to wait until her menses are over and then divorce her; see Bukhari, 6/185; Muslim, 4/183.}
8. From Ali ibn Asbāṭ, that Imam al-Riḍā (a) said: ‘Indecency (fāḥishah) means that she harms the family of her husband and slanders them.’^{‎[38] Wasail, 22/221-222.}

Note: This narration is related to the statement, Do not turn them out from their houses, nor shall they go out, unless they commit a gross indecency, and is intended to explain an instance of what is meant by indecency.

9. From Abū Baṣīr, that one of the Ṣādiqayn (a) said: ‘The divorced woman should keep her waiting period at her home and should present to him her beauty so that maybe Allah will bring off something new later on.’^{‎[39] Kafi, 6/91.}
10. Zurārah, from Imam al-Ṣādiq (a): ‘The divorced woman can wear eyeliner, and dye with henna, and put on perfume, and wear whatever clothes she wants, because God – mighty and glorious – has said, maybe Allah will bring off something new later on. Maybe she will place herself in his heart and he will take her back.’^{‎[40] Kafi, 6/92; Istibsar, 3/351; Tahdhib, 8/131; Wasail, 22/217.}

Note: These last two reports explicitly state what we mentioned earlier about the philosophy of the waiting period. During this time the couple should live together, and the wife does not only not need to wear hijab in front of her husband who has divorced her, but can even display her beauty. Even though the narration speaks of the rulings regarding adornment, the overarching philosophy is clear: they should perform some act of intimacy together as if they were still a married couple. Perhaps this may lead to something that will make them change their minds and revoke the divorce.

REVIEW OF TAFSĪR LITERATURE

Ṭabrisī mentions the opinion of Jubbāʾī that the Prophet is being hailed because he should then tell his followers what God has told him. Meaning: O Prophet! When you divorce women, tell your nation to divorce them … Ṭabrisī criticises this by saying that it would then mean the Prophet is not included in the address and the rulings do not apply to him, even though all Muslims agree the rulings of divorce for him were not exceptional. However, this criticism seems to be a weak one, as there is no reason to infer that if Jubbāʾī’s assessment is correct then it would mean the Prophet is not included in the address.

In addition to what we mentioned earlier, the scholars have given different opinions about the meaning of ʿiddah in the verse:

1. From ʿAbd-Allāh ibn Masʿūd, Ibn Abbas, Mujāhid, and others, that ‘the divorce of ʿiddah means [that she is] pure from menses and there has been no intercourse [in that clean period]’.^{‎[41] Tabari, 28/83.}
2. From Qatādah: ‘The ʿiddah means that he divorces her while she is pure without having intercourse, divorcing her one single time.’^{‎[42] Tabari, 28/84.}

There are also different opinions mentioned with regards to gross indecency:

1. From Qatādah, that it is the act of nushūz (refusing conjugal rights to the husband). In other words, if the divorce was based on that then he need not pay her upkeep or provide for her housing during the waiting period.^{‎[43] Tibyan, 10/31; Tabari, 28/86-87.}
2. From Ibn Abbas, ʿIkramah, and others, that it is harming the husband’s family and slandering them, or bad behaviour in general.^{‎[44] Tabrisi, 10/458; Tabari, 28/86; Suyuti, 6/231. This was mentioned in a hadith reported from Imam al-Riḍā (a) which we have quoted in this work.}
3. That it is adultery.^{‎[45] Tibyan, 10/31; Tabrisi, 10/458; Tabari, 28/86 (who reports this opinion from Hasan al-Baṣrī, Mujāhid, and others). Ṭūsī also adds that if it is proven that she has violated the sanctity of the marriage through the act of adultery, then the husband has the right to expel her from the shared house during the waiting period and need not pay for her upkeep. Makārim Shīrāzī points out that those who have adopted this position argued that going out of the house means going out to receive the set legal punishment and then returning; see Nemuneh, 24/223. For more on the punishment for fornication, see the commentary on verses 4:15-16, and 24:2-9.} This is also what is mentioned in a narration from Imam al-Ṣādiq (a).^{‎[46] Faqih, 3/499; Wasail, 22/220-221.}
4. From Ibn Abbas, that it is any public sin.^{‎[47] Tibyan, 10/31; Tabari, 28/86.}

Certainly, these are all different examples of sin and disobedience. There is nothing in the context of the verse to suggest limiting the meaning to one form only, thus it can encompass any of them.

However, there is one other opinion that is reported from ʿAbd-Allāh ibn ʿUmar, in which he said indecency in this verse is leaving the shared house during the waiting period.^{‎[48] Tibyan, 10/31; Tabari, 28/85-86.} This would indicate that the verse would thus mean: Do not turn them out from their houses, nor should they go out, except that by doing so they commit a gross indecency.^{‎[49] Qurtubi, 18/156, who adopts this opinion as the soundest one.} If we accept this interpretation, it would exclude the others as the indecency being referred to is the act of leaving the house.

Finally, Rāzī asks if it is possible for the man and woman to forgo staying in the same house if they both agree to that. He answers with lengthy reasoning, after which he concludes that they are not allowed to do so.^{‎[50] Razi, 30/561.} Of course, many of the aforementioned objectives of the waiting period are not properly secured if they do not live in the same household. Other scholars such as al-Shāfiʿī have allowed her to leave the shared house if they both agree on it.^{‎[51] Tantawi, 14/446.}

INSIGHTS FROM OTHER TRADITIONS

1. If a man marries a woman who becomes displeasing to him because he finds something indecent about her, and he writes her a certificate of divorce, gives it to her and sends her from his house, and if after she leaves his house she becomes the wife of another man, and her second husband dislikes her and writes her a certificate of divorce, gives it to her and sends her from his house, or if he dies, then her first husband, who divorced her, is not allowed to marry her again after she has been defiled. That would be detestable in the eyes of the Lord. Do not bring sin upon the land the Lord your God is giving you as an inheritance.^{‎[52] Deuteronomy 24:1-4.}
2. This is what the Lord says: ‘Where is your mother’s certificate of divorce with which I sent her away?’^{‎[53] Isaiah 50:1.}
3. I gave faithless Israel her certificate of divorce and sent her away because of all her adulteries. Yet I saw that her unfaithful sister Judah had no fear; she also went out and committed adultery.^{‎[54] Jeremiah 3:8.}
4. It hath been said, whosoever shall put away his wife, let him give her a writing of divorcement: but I say unto you, that whosoever shall put away his wife, saving for the cause of fornication, causeth her to commit adultery: and whosoever shall marry her that is divorced committeth adultery.^{‎[55] Matthew 5:31-32.}
5. They say unto him, why did Moses then command to give a writing of divorcement, and to put her away? … And I say unto you, whosoever shall put away his wife, except it be for fornication, and shall marry another, committeth adultery: and whoso marrieth her which is put away doth commit adultery.^{‎[56] Matthew 19:7-9.}
6. And he answered and said unto them, what did Moses command you? And they said, Moses suffered to write a bill of divorcement, and to put her away. And Jesus answered and said unto them, For the hardness of your heart he wrote you this precept. But from the beginning of the creation God made them male and female. For this cause shall a man leave his father and mother, and cleave to his wife; and they twain shall be one flesh: so then they are no more twain, but one flesh. What therefore God hath joined together, let not man put asunder. And they said, Moses suffered to write a bill of divorcement, and to put her away.^{‎[57] Mark 10:3-9.}
7. Whosoever putteth away his wife, and marrieth another, committeth adultery: and whosoever marrieth her that is put away from her husband committeth adultery.^{‎[58] Luke 16-18.}
8. And unto the married I command, yet not I, but the Lord, let not the wife depart from her husband: but and if she depart, let her remain unmarried, or be reconciled to her husband: and let not the husband put away his wife.^{‎[59] 1 Corinthians 7:10-11.}

[1] Raghib, p. 523.
[2] Tibyan, 10/28.
[3] Tibyan, 10/28; Mizan, 19/312; Razi, 30/558. Such as the verse, When you stand up for prayer (5:6), meaning: when you stand up with the intention to pray.
[4] Raghib, p. 550.
[5] Lisan, 14/183.
[6] Raghib, p. 240.
[7] Mizan, 19/312.
[8] Lisan, 6/325-326.
[9] Tabari, 28/87.
[10] Raghib, p. 157.
[11] Tibyan, 10/32.
[12] Raghib, p. 553.
[13] Raghib, p. 221.
[14] Raghib, p. 222.
[15] Raghib, p. 88.
[16] Tabrisi, 10/456; Razi, 30/559.
[17] The Arabic li in li-ʿiddatihinna can have the meaning of ‘for’, or ‘at’, to mean: divorce them for the duration of the appointed term, namely the waiting period of three menses; see Tabrisi, 10/456. Alternatively, it can have the meaning of ‘at’, meaning: divorce at the appointed time, namely the clean period in which intercourse has not happened; see Tantawi, 14/442. For this latter usage see also verse 17:78.
[18] See Qurtubi, 18/154.
[19] Tibyan, 10/30. Although some have interpreted this to mean three menstruations. See the commentary on 2:228 for more.
[20] See also verse 33:49, which clarifies that if a man divorces his wife before consummating the marriage, she will not have to observe any waiting period.
[21] Nemuneh, 24/220. It is also pointed out that the husband should not have had intercourse with her during that clean period; see Tabari, 28/83. One of the main reasons for this is probably to make sure that she is not pregnant, as perhaps they will not want a divorce if she is; see Razi, 30/559-560. The jurists have disagreed whether divorcing a woman contrary to these rules would still be considered a divorce. According to Shia scholars such a divorce is invalid, whereas most Sunni jurists considered it a ‘divorce of innovation’ (bidʿah), and that the one doing so had sinned, but upheld its validity nonetheless. See Tabrisi, 10/457; Razi, 30/560. See also Thalabi, 9/332, who mentions that Saʿīd ibn al-Musayyib agreed with the position of the Shia scholars on this issue. Qurṭubī explains that there are two permissible (ḥalāl) divorces and two impermissible (ḥarām) divorces. The permissible ones are to divorce her when she is not in her menses and before intercourse, or when she is pregnant and her pregnancy is known. The impermissible ones are to divorce her in her menses or after having had intercourse with her during her clean period (Qurtubi, 18/150).
[22] Tabrisi, 10/457. The command calculate is also in the plural that encompasses both men and women, reinforcing what we said in that it is an instruction to both to be wary of their duties, as is the sentence that follows it.
[23] Tibyan, 10/31.
[24] Razi, 30/561.
[25] Tibyan, 10/31.
[26] Nemuneh, 24/222.
[27] Nemuneh, 24/222-223.
[28] Tibyan, 10/32; Tabrisi, 10/458; Tabari, 28/88; Nemuneh, 24/224; Tantawi, 14/446-447. Qurtubi also mentions that this is evidence that divorcing a woman three times in one sitting (irrevocably) is not allowed; see Qurtubi, 18/152.
[29] Although Alusi argues that this verse in Sūrat al-Ṭalāq is actually more akin to a warning (tarhīb) than to a hope-giving statement (targhīb), however the tone of the continuing statement of giving sustenance completely belies this argument; see Alusi, 14/330.
[30] Kafi, 6/54; Wasail, 22/8. A similar narration is reported from Prophet Muhammad (s) in other sources; see Ibn Majah, 1/650; Abu Dawud, 1/484; Bayhaqi, 7/322.
[31] Kafi, 5/328; Wasail, 20/16.
[32] Wasail, 15/348-349; the report is long and only a part of it has been quoted here.
[33] Kafi, 6/65.
[34] Kafi, 6/57.
[35] As for the position of Sunni scholars on the triple divorce, Mālik ibn Anas reportedly said: ‘I do not know of a divorce except [that which is done] once.’ He used to dislike the triple divorce, whether done in one sitting or in three different times, and Abū Ḥanīfah considered three in one sitting to be disliked. However, its validity is upheld by them; see Razi, 30/559.
[36] Kafi, 6/66.
[37] Bukhari, 6/184-185; Muslim, 4/179; Tabari, 28/84. In another version of this, Ibn ʿUmar is simply ordered to wait until her menses are over and then divorce her; see Bukhari, 6/185; Muslim, 4/183.
[38] Wasail, 22/221-222.
[39] Kafi, 6/91.
[40] Kafi, 6/92; Istibsar, 3/351; Tahdhib, 8/131; Wasail, 22/217.
[41] Tabari, 28/83.
[42] Tabari, 28/84.
[43] Tibyan, 10/31; Tabari, 28/86-87.
[44] Tabrisi, 10/458; Tabari, 28/86; Suyuti, 6/231. This was mentioned in a hadith reported from Imam al-Riḍā (a) which we have quoted in this work.
[45] Tibyan, 10/31; Tabrisi, 10/458; Tabari, 28/86 (who reports this opinion from Hasan al-Baṣrī, Mujāhid, and others). Ṭūsī also adds that if it is proven that she has violated the sanctity of the marriage through the act of adultery, then the husband has the right to expel her from the shared house during the waiting period and need not pay for her upkeep. Makārim Shīrāzī points out that those who have adopted this position argued that going out of the house means going out to receive the set legal punishment and then returning; see Nemuneh, 24/223. For more on the punishment for fornication, see the commentary on verses 4:15-16, and 24:2-9.
[46] Faqih, 3/499; Wasail, 22/220-221.
[47] Tibyan, 10/31; Tabari, 28/86.
[48] Tibyan, 10/31; Tabari, 28/85-86.
[49] Qurtubi, 18/156, who adopts this opinion as the soundest one.
[50] Razi, 30/561.
[51] Tantawi, 14/446.
[52] Deuteronomy 24:1-4.
[53] Isaiah 50:1.
[54] Jeremiah 3:8.
[55] Matthew 5:31-32.
[56] Matthew 19:7-9.
[57] Mark 10:3-9.
[58] Luke 16-18.
[59] 1 Corinthians 7:10-11.