The Ocean of the Quran

A verse by verse explanation of The Ultimate Scripture

Al-Ṭalāq – Verse 2

فَإِذا بَلَغنَ أَجَلَهُنَّ فَأَمسِكوهُنَّ بِمَعروفٍ أَو فارِقوهُنَّ بِمَعروفٍ وَأَشهِدوا ذَوَي عَدلٍ مِنكُم وَأَقيمُوا الشَّهادَةَ لِلَّهِ ۚ ذٰلِكُم يوعَظُ بِهِ مَن كانَ يُؤمِنُ بِاللَّهِ وَاليَومِ الآخِرِ ۚ وَمَن يَتَّقِ اللَّهَ يَجعَل لَهُ مَخرَجًا

Then, when they have completed their term, either retain them honourably or separate from them honourably, and take the witness of two fair men from among yourselves, and bear witness for the sake of Allah. To [comply with] this is advised whoever believes in Allah and the Last Day. And whoever is wary of Allah, He shall make a way out for him.

EXEGESIS

Balaghna (they have completed) comes from bulūgh or balāgh, which means to reach the very farthest end and finality of something, whether that is in time or location, or an issue amongst determined issues. It can be used for reaching a specific age and stage of completion, such as puberty, or an age where one peaks mentally, as in, When he comes (balagha) of age and reaches (balagha) forty years (46:15); or it can mean to perfect and complete something such as delivering a message (tablīgh), as in, if you do not, you will not have communicated (ballaghta) His message (5:67).‎[su_tooltip content=”Raghib, p. 144.”][1][/su_tooltip]

In this verse it should then mean reaching the end of the waiting period, and thus completing it. However, the exegetes have pointed out that it cannot mean that, as the right of returning to each other is only available before the waiting period ends; hence it should mean ‘when she is close to the end of her waiting period’.‎[su_tooltip content=”Tibyan, 10/32; Razi, 30/562; Thalabi, 9/335; Nemuneh, 24/232.”][2][/su_tooltip] Hence, the verse should be understood as: when they are completing their term; in other words, when the time of the waiting period is drawing to a close the husband must make a decision either to finalise the divorce or seek reconciliation.

Ajal (term) means the appointed time for something. Here, it refers to the time between the pronouncement of divorce and the end of the waiting period.‎[su_tooltip content=”Raghib, pp. 65-66.”][3][/su_tooltip]

Amsikū (retain) comes from imsāk, meaning to attach to something and protect it.‎[su_tooltip content=”Raghib, p. 768.”][4][/su_tooltip] The one holding on to it in this way has a duty to protect it as well: Indeed Allah sustains (yumsiku) the heavens and the earth lest they should fall apart (35:41). So a husband who wishes to retain his wife must do so according to the duties placed on him.

Maʿrūf (honourably) comes from ʿurf or maʿrifah meaning to know and acknowledge something, to have good consequences and outcome. Thus, maʿrūf is the action that is known, either rationally or through religion, to have a good outcome.‎[su_tooltip content=”Raghib, p. 560.”][5][/su_tooltip] In this context then, maʿrūf means to treat wives in a way that is prescribed in religion (by paying her upkeep, housing, any remaining dowry, and so on), and what is known to be good behaviour.‎[su_tooltip content=”Tabrisi, 10/460.”][6][/su_tooltip] Honourably is a fitting translation, as the honourable course of action is something that is generally accepted by society to be the correct and good choice.

Yūʿaẓu (advised) is derived from mawʿiẓah, which means to call to truth by encouraging and warning. It is addressed to the one who believes in Allah and the Last Day, because that is the one who will benefit from such a call.‎[su_tooltip content=”Tibyan, 10/33.”][7][/su_tooltip]

Makhraj (way out) literally means to exit the place or situation that one is in. The apparent meaning here of course is that God will provide a way out of the trouble and difficulties associated with divorce for the person who is God-wary.‎[su_tooltip content=”Tabrisi, 10/460.”][8][/su_tooltip]

EXPOSITION

As the waiting period draws to its end, the husband is faced with a choice; he should either keep his wife in kindness or separate from her in kindness. Living together should take place in kindness and justice, and so should separation. Divorce is no excuse to forgo these virtues.‎[su_tooltip content=”Nemuneh, 24/233.”][9][/su_tooltip]

The husbands are ordered to either retain them honourably or separate from them honourably.‎[su_tooltip content=” Qaraati, 10/104, notes that retain has been mentioned before separate, which he argues suggests that retaining one’s spouse has priority over separating from her. In other words, one should attempt to salvage the marriage if possible.”][10][/su_tooltip] It is critical to note that there is no third option laid before men. There is no option of leaving the wife, refusing to live with her in kindness and decency, and not divorcing her either, or trying to stop her from remarrying because of some kind of blind jealousy, or forcing her to live with him through injustice and oppression.‎[su_tooltip content=” Fadlallah, 22/285.”][11][/su_tooltip] If a man is incapable of living with her in kindness and provide for her what God has commanded him to provide, he should leave her to be free, and do not retain them maliciously in order that you may transgress (2:231). Doing these things in the correct way has great effects not just on the couple, but on society at large.

Because of that, the attention is then turned to the rest of society, and they are called to be just witnesses to the divorce case before them. Even though the witnesses are already qualified as being just, they are still reminded to bear witness for the sake of Allah, because even a just person may lean towards speaking falsehood on occasion, especially when it may involve the interests of their own family members.‎[su_tooltip content=” Nemuneh, 24/233-234.”][12][/su_tooltip] O you who have faith! Be maintainers of justice and witnesses for the sake of Allah, even if it should be against yourselves or [your] parents and near relatives (4:135). Often in divorce cases the ones who bear witness to the events are close relatives, and they should not let family ties bar them from standing with the truth.

It is not only the witnesses who should uphold justice though, but rather this advice‎[su_tooltip content=” The statement to this, is generally said to refer to the rulings that were mentioned earlier in this verse and the previous one. See for example Mubin, p. 748.”][13][/su_tooltip] should be taken heed of by whoever believes in Allah and the Last Day.‎[su_tooltip content=” That this is addressed to other than the witnesses is more clearly expressed in the Arabic word dhālikum (to this), which is in the plural and emphasises that more than just the two witnesses are being addressed.”][14][/su_tooltip] Just as the previous verse, after mentioning the ruling there is a return to the overarching theme of the surah. If one truly is a believer in God and a day of accounting, they will not forget their duty, even if it goes against their short-term self-interest.

Divorce is a process laden with emotion, and one may easily feel strong repulsion about the financial costs of it. Spending money on their ex-partner may seem like a huge ordeal for many. The process takes its financial and emotional toll, and feelings of loss and hopelessness, as one’s life is often upturned, may be very common. Here begins one of the most direct references to the main theme of the surah, which continues till the end of the next verse: And whoever is wary of Allah, He shall make a way out for him. Sometimes, showing kindness to one you have come to dislike may seem like it is against one’s self-interest, but abiding by the rulings of God will ensure the best outcome. Although the temptation may often be there, a believer should never be fooled into thinking that by cheating, lying, or breaking the law (divine or man-made), they can gain some kind of benefit. Naturally, this advice has a huge range of applications, not just for divorce.

INSIGHTS FROM HADITH

  1. From Zurārah, Muhammad ibn Muslim, and others, that Imam al-Ṣādiq (a) said: ‘If a man … divorces his wife for her waiting period, while she is clean [from menses] and without having had intercourse with her [after her menses], but two just men do not bear witness to that, then his divorce is not a [valid] divorce.’‎[su_tooltip content=” Kafi, 6/60.”][15][/su_tooltip]

Note: This is against the rulings of most Sunni jurists who regard calling witnesses recommended and not necessary.

  1. From Abū Dharr, that the Prophet said: ‘O Abū Dharr, if people all took hold of this verse, it would suffice them: And whoever is wary of Allah, He shall make a way out for him, and provide for him … and he kept repeating this over and over.’‎[su_tooltip content=” Makarim, p. 468. A very similar narration is found in Ahmad, 5/178; also from other than Abū Dharr, see Ibn Majah, 2/1411.”][16][/su_tooltip]
  2. From Ibn Abbas, that the Prophet recited the verse, And whoever is wary of Allah, He shall make a way out for him, and then said: ‘From the doubts of this world, and the difficulties at the time of death, and the hardships of the Day of Resurrection.’‎[su_tooltip content=” Tabrisi, 10/460; Thalabi, 9/336; Zamakhshari, 4/555; Suyuti, 6/232.”][17][/su_tooltip]
  3. From the Prophet: ‘Whoever increases in seeking forgiveness (istighfār), God will rescue him from every sorrow, and give him a way out of every burdensome situation.’‎[su_tooltip content=” Tabrisi, 10/460.”][18][/su_tooltip]
  4. From Imam Ali (a): ‘Know that whoever is wary of God will be granted a way out of tribulations and [will be granted] a light for the darkness.’‎[su_tooltip content=” Nahj, sermon 183.”][19][/su_tooltip]

REVIEW OF TAFSĪR LITERATURE

There is disagreement amongst the scholars regarding the requirement of two witnesses. For Shia scholars, a divorce should be witnessed by two just, male witnesses. Whereas Sunni scholars have generally considered this verse to refer to any reconcilement that may occur during the waiting period, meaning that two men should witness that the husband has returned to his wife. Although for most of them, the witnessing is only considered a recommendation, and not a binding obligation.‎[su_tooltip content=” Tibyan, 10/32. See also Tabari, 88/28. Nemuneh, 24/234, adds that if we do consider the verse to be referring to witnesses for reconcilement then it should be considered a recommendation and not something obligatory. Although some Shia scholars have argued for the requirement of witnesses for reconciliation as well, and there are some narrations that point to that as well (see Furqan, 28/401). Zamakhshari clarifies further that for Abū Ḥanīfah this witnessing is a recommendation; for al-Shāfiʿī it is an obligation in reconciliation, but recommendation in divorce (Zamakhshari, 4/555; see also Razi, 30/562). Shawkānī, a Zaydi scholar, agrees with the Ḥanafī position that the witnesses are for the reconcilement, and only a recommendation (Shawkani, 5/288). Tantawi claims that all scholars agree that witnesses should be present for divorce and reconciliation as a recommendation (Tantawi, 14/448). ʿAṭāʾ was reportedly of the opinion that witnesses were a requirement for marriage, divorce, and reconciliation (Ibn Kathir, 8/168).”][20][/su_tooltip]

Ṭabrisī explains that the exegetes have said the two witnesses should be present for the divorce, and others have said for any possible reconcilement; their reasoning being that the woman should not deny the reconcilement, nor the man the divorce.‎[su_tooltip content=” Tabrisi, 10/460.”][21][/su_tooltip] Zamakhsharī adds that witnesses being present for both is important, for example in the case that one of them dies and the other claims that the marriage had continued in order to get inheritance.‎[su_tooltip content=” Zamakhshari, 4/555; see also Razi, 30/562.”][22][/su_tooltip]

It is reported from Ibn Abbas and Suddī that the two witnesses should be present for both;‎[su_tooltip content=” Tabari, 28/88.”][23][/su_tooltip] this is also the opinion of Zamakhsharī‎[su_tooltip content=” Zamakhshari, 4/555.”][24][/su_tooltip] and Rāzī.‎[su_tooltip content=” Razi, 30/562.”][25][/su_tooltip]

As for the witnesses being male, that is the apparent meaning of the verse, which uses the masculine.‎[su_tooltip content=” Nemuneh, 24/234; Qurtubi, 18/159.”][26][/su_tooltip] However, this understanding is certainly shaped by the more specific narrations rather than the apparent meaning of the verse, as the Arabic masculine plural or dual can include women.

As for what is meant by way out at the end of the verse, there are various opinions:

  1. Ṭūsī has said it is a way out of God’s punishment.‎[su_tooltip content=” Tibyan, 10/33.”][27][/su_tooltip]
  2. From al-Ḍaḥḥāk and others, that if he divorces the divorce of sunnah he will still have a way out to return to his wife through reconciliation.‎[su_tooltip content=” Qurtubi, 18/159.”][28][/su_tooltip]
  3. From Ibn Masʿūd, that it is to be aware that one is in the care of God, who will provide for him.‎[su_tooltip content=” Suyuti, 6/232; Thalabi, 9/337.”][29][/su_tooltip]
  4. From Qatādah, that it is to be rescued from the doubts of this world, the difficulties at the time of death, and the terror of the Day of Resurrection.‎[su_tooltip content=” Suyuti, 6/232.”][30][/su_tooltip]
  5. From Ibn Abbas, that he will be saved from all the troubles of this world and the hereafter.‎[su_tooltip content=” Suyuti, 6/232.”][31][/su_tooltip]
  6. From Hasan al-Baṣrī, that it is a way to avoid the forbidden things.‎[su_tooltip content=” Thalabi, 9/337.”][32][/su_tooltip]
  7. It is an escape from hell, into heaven.‎[su_tooltip content=” Alusi, 14/331.”][33][/su_tooltip]
  8. For Tehrānī, that it is an escape from ignorance by knowing the difference between right and wrong: If you are wary of Allah, He shall appoint a criterion for you (8:29).‎[su_tooltip content=” Furqan, 28/403.”][34][/su_tooltip]

Naturally, none of these are in contradiction to one another and can all be considered examples of a way out and God’s blessing.

INSIGHTS FROM OTHER TRADITIONS

  1. Fear the Lord, you his holy people, for those who fear him lack nothing. The lions may grow weak and hungry, but those who seek the Lord lack no good thing.‎[su_tooltip content=” Psalms 34:9-10.”][35][/su_tooltip]
  2. Praise the Lord. Blessed are those who fear the Lord (…) Wealth and riches are in their houses, and their righteousness endures forever.‎[su_tooltip content=” Psalms 112:1-3.”][36][/su_tooltip]
  3. The fear of the Lord leads to life; then one rests content, untouched by trouble.‎[su_tooltip content=” Proverbs 19:23.”][37][/su_tooltip] 
[1] Raghib, p. 144.
[2] Tibyan, 10/32; Razi, 30/562; Thalabi, 9/335; Nemuneh, 24/232.
[3] Raghib, pp. 65-66.
[4] Raghib, p. 768.
[5] Raghib, p. 560.
[6] Tabrisi, 10/460.
[7] Tibyan, 10/33.
[8] Tabrisi, 10/460.
[9] Nemuneh, 24/233.
[10] Qaraati, 10/104, notes that retain has been mentioned before separate, which he argues suggests that retaining one’s spouse has priority over separating from her. In other words, one should attempt to salvage the marriage if possible.
[11] Fadlallah, 22/285.
[12] Nemuneh, 24/233-234.
[13] The statement to this, is generally said to refer to the rulings that were mentioned earlier in this verse and the previous one. See for example Mubin, p. 748.
[14] That this is addressed to other than the witnesses is more clearly expressed in the Arabic word dhālikum (to this), which is in the plural and emphasises that more than just the two witnesses are being addressed.
[15] Kafi, 6/60.
[16] Makarim, p. 468. A very similar narration is found in Ahmad, 5/178; also from other than Abū Dharr, see Ibn Majah, 2/1411.
[17] Tabrisi, 10/460; Thalabi, 9/336; Zamakhshari, 4/555; Suyuti, 6/232.
[18] Tabrisi, 10/460.
[19] Nahj, sermon 183.
[20] Tibyan, 10/32. See also Tabari, 88/28. Nemuneh, 24/234, adds that if we do consider the verse to be referring to witnesses for reconcilement then it should be considered a recommendation and not something obligatory. Although some Shia scholars have argued for the requirement of witnesses for reconciliation as well, and there are some narrations that point to that as well (see Furqan, 28/401).
Zamakhshari clarifies further that for Abū Ḥanīfah this witnessing is a recommendation; for al-Shāfiʿī it is an obligation in reconciliation, but recommendation in divorce (Zamakhshari, 4/555; see also Razi, 30/562). Shawkānī, a Zaydi scholar, agrees with the Ḥanafī position that the witnesses are for the reconcilement, and only a recommendation (Shawkani, 5/288). Tantawi claims that all scholars agree that witnesses should be present for divorce and reconciliation as a recommendation (Tantawi, 14/448). ʿAṭāʾ was reportedly of the opinion that witnesses were a requirement for marriage, divorce, and reconciliation (Ibn Kathir, 8/168).
[21] Tabrisi, 10/460.
[22] Zamakhshari, 4/555; see also Razi, 30/562.
[23] Tabari, 28/88.
[24] Zamakhshari, 4/555.
[25] Razi, 30/562.
[26] Nemuneh, 24/234; Qurtubi, 18/159.
[27] Tibyan, 10/33.
[28] Qurtubi, 18/159.
[29] Suyuti, 6/232; Thalabi, 9/337.
[30] Suyuti, 6/232.
[31] Suyuti, 6/232.
[32] Thalabi, 9/337.
[33] Alusi, 14/331.
[34] Furqan, 28/403.
[35] Psalms 34:9-10.
[36] Psalms 112:1-3.
[37] Proverbs 19:23.