وَاللّائي يَئِسنَ مِنَ المَحيضِ مِن نِسائِكُم إِنِ ارتَبتُم فَعِدَّتُهُنَّ ثَلاثَةُ أَشهُرٍ وَاللّائي لَم يَحِضنَ ۚ وَأُولاتُ الأَحمالِ أَجَلُهُنَّ أَن يَضَعنَ حَملَهُنَّ ۚ وَمَن يَتَّقِ اللَّهَ يَجعَل لَهُ مِن أَمرِهِ يُسرًا

As for those of your wives who do not hope to have menses, should you have any doubts, their term shall be three months, and for those [as well] who have not yet had menses. As for those who are pregnant, their term shall be until they deliver. And whoever is wary of Allah, He shall grant him ease in his affairs.

EXEGESIS

Yaʾisna (who do not have hope), comes from yaʾs, meaning the end of hope for something. Because of this, a woman who has entered menopause and thus lost hope of becoming pregnant, is called a yāʾisah.^{‎[1]Fatḥ-Allāh Aḥmad, Muʿjam Alfāẓ al-Fiqh al-Jaʿfarī, p. 457. She is also sometimes called qāʿidah, although that more accurately refers to someone who no longer wishes to marry. See the commentary on verse 24:60 for more.}

Ajal (term), was discussed under verse 2.

Ūlāt al-aḥmāl (pregnant women): aḥmāl is the plural of ḥaml, which literally means a burden one carries from one place to another,^{‎[2]Raghib, p. 257.} and it can either be on one’s back or in any other way.^{‎[3]Tibyan, 10/37.} It is then used for a pregnant woman who must carry her child.

Amr (affair) was discussed under verse 1. As the word has a wide scope of meaning, it also includes events, so it can be understood to mean the affairs of a person. However, as we noted earlier, its usage in this surah is multivocal and it can also have the meaning of the command of God.

Depending on who the suffix hi (his) in amrihi is considered to refer to, our translation and interpretation can change. If it is referring to the God-wary, it should mean ‘his affairs’; if it is referring to God, it should mean ‘His command’. In both cases it can be translated as his affairs. If God decrees him ease in His measure as per the previous verse, it will mean that the person’s affairs will be easy.

Many exegetes have understood it here to mean the issue of divorce.^{‎[4]Tabari, 28/93.} If we accept that, amr should be referring specifically to the affair of divorce, thus it would mean: God grants him ease in his issue of divorce.

EXPOSITION

After the statement and bear witness for the sake of Allah in the second verse, a digression was made into several exhortations – albeit completely relevant to the matter and subject at hand – which culminated in the reminder that Allah has set a measure for everything. This statement presents an opportune time to return to the matter of the rulings on the waiting period after divorce for different groups. The statement really acts as a linchpin holding the previous and following discussions on legal rulings together; God has truly given everything consideration in His law and has set a measure for everything.

We are here then introduced to the specific rulings that apply to three categories of women who do not have regular menses, and thus cannot keep the regular waiting period described in verse 1.^{‎[5]See also verse 2:228.}

The first category is those of your wives who do not hope to have menses, meaning those women who used to menstruate but have stopped menstruating; they then have some doubts as to why their menses ended, so God says should you have any doubts, their waiting period shall be three months.^{‎[6]Tibyan, 10/33. Classical Sunni scholars had various opinions – that are too many to list here – about the waiting period of a pre-menopausal woman who stopped seeing menses, the most common being that she should wait for nine months and then another three months; see Qurtubi, 18/163-164, for the various opinions.} This is in exchange for the three clean periods they should have waited otherwise (see 2:228). This same ruling applies to young girls who have not yet had menses.^{‎[7]Nemuneh, 24/243.}

According to Shia scholars, a woman who has passed the age of menopause (either fifty, or sixty if she is of Qurashī descent) does not need to keep a waiting period.^{‎[8]Najafī, Muhammad Hasan, Jawāhir al-Kalām, 32/41.} In other words, if she is not yet past the age of menopause (see more on this below), but has stopped seeing blood and does not know the reason, or she is in doubt whether she is in menopause or not, she should keep a waiting period of three months. This is the meaning of should you have any doubts. If she does not know if she stopped menstruating because of pregnancy or some other reason and during these three months she finds out she is pregnant, her waiting period shall be extended until the end of the pregnancy, as per the rest of the verse, As for those who are pregnant, their term shall be until they deliver.

The waiting period of the pregnant woman will end as soon as she gives birth, whether that be a few hours or eight months.^{‎[9]Nemuneh, 24/243.} The reasons for this can be many. Firstly, to make sure she is looked after financially while she is pregnant, as the husband must pay for her upkeep while she is in her waiting period. This relieves some of the stress and anxiety that may be placed upon her in that situation. Secondly, if she becomes aware she is pregnant after they had divorced, she should let him know (as per verse 2:228) and this would give them a longer time to reconsider and reconcile.^{‎[10] According to Shia scholars, if he does take her back while she is pregnant, he cannot divorce her again until she has given birth. Although some have allowed it if he waits one month (Najafī, Muhammad Hasan, Jawāhir al-Kalām, 32/132).} Thirdly, a husband who chooses to divorce his wife in the late stages of pregnancy, knowing she is pregnant, or does not seek reconciliation despite finding out she is pregnant, means there is probably little hope of salvaging that marriage, and it may be easier for the child to be accustomed to separation from the beginning than to inflict upon it the trauma of separation at a later time.

The verse ends with a reminder that these rulings are God’s command and they should be followed by the believers. These instructions are not meant to make life difficult for believing men and women, but rather whoever is wary of Allah, He shall grant him ease in his affairs (amr). This is a restatement of the overarching theme of the surah. By following the commands of God and respecting the limits set by Him, we will bring about order and divine grace into our lives, making that which seems or should be difficult into something easy. All creation and command (amr) belong to Him (7:54), if He wills to make the affairs of His God-wary servants easy, it shall be so. This is at the heart of the concept of reliance.

It should also be noted that from this final exhortation we can understand that the inverse holds true as well; sometimes, a lack of God-wariness can cause difficulties and calamities to befall people. God will sometimes decree hardship and punishments for such people. What is alluded to here is later explicitly stated in verse 8.

INSIGHTS FROM HADITH

1. From Ubayy ibn Kaʿb: ‘When the verse in Sūrat al-Baqarah was revealed concerning the waiting periods of women, they said: “There are some women whose waiting periods have not been mentioned; the young, and the elderly whose menses have stopped, and the pregnant ones.” So God – mighty and glorious – revealed the verse in Sūrat al-Nisāʾ: As for those of your wives who do not hope to have menses …’^{‎[11] Mustadrak.S, 2/492-493; see also Bayhaqi; 7/420; Kanz, 2/524; Tabari, 28/91; Suyuti, 6/234-235; Thalabi, 9/339; Qurtubi; 18/162-163; Nemuneh, 24/245. The same report has also been attributed to Muʿādh ibn Jabal (Razi, 30/563), although this seems like it is probably an error on Rāzī’s part; see also Qurtubi, which seems doubtful of this attribution). In addition to narrating it from Ubayy ibn Kaʿb, Thaʿlabī also reports it from Khallād ibn Nuʿmān ibn Qays al-Anṣārī.}

Note: Here the narrator probably means the ‘short Sūrat al-Nisāʾ’ meaning Sūrat al-Ṭalāq, or it is a mistake by him.

2. From Muhammad ibn ʿUmar al-Sābāṭī: ‘I asked al-Riḍā (a) about a man who marries a woman and then divorces her before consummating the marriage. He replied: “There is no waiting period that she needs to keep.” I then asked him about the one whose husband dies before consummating the marriage. He replied: “Likewise, there is no waiting period that she needs to keep.”’^{‎[12] Istibsar, 3/339; Wasail, 22/248.}
3. From ʿAbd al-Raḥmān ibn al-Ḥajjāj: ‘I asked Abū al-Hasan (a)^{‎[13] Imam al-Kāẓim (a).} concerning the pregnant woman, if she miscarried, whether a complete foetus or incomplete, or if she delivers an embryo (muḍghah)? The Imam replied: “Anything that she delivers while it is clear that she was pregnant, whether it is complete or incomplete, her waiting period is finished, even if it were an embryo.”’^{‎[14] Kafi, 6/82; Faqih, 3/511; Tahdhib, 8/128; Wasail, 22/197.}
4. From Muhammad ibn Qays, that Imam al-Bāqir (a) said: ‘Whenever a woman is divorced and then her husband dies before her waiting period is finished and she has not yet become forbidden to him, she will still inherit from him and should keep the waiting period of a woman whose husband has died.^{‎[15] Four months and ten days.} If, [on the other hand,] she dies whilst in her waiting period and she has not yet become forbidden to him, he will inherit from her. If the one whose husband has died is pregnant, her waiting period is the furthest of the two terms, so if she finishes four months and ten days and has not yet given birth, her waiting period will be until she gives birth; [and] if she gives birth before completing four months and ten days, she should keep a waiting period of four months and ten days.’^{‎[16] Tahdhib, 8/149.}

REVIEW OF TAFSĪR LITERATURE

Regarding As for those of your wives who do not hope (yaʾisna) to have menses, should you have any doubts, their term shall be three months, the scholars have differed on numerous points. Firstly, they have disagreed if this means menopausal women as the term yaʾs may suggest, or simply any woman who has lost hope in seeing her menses, such as those whose period is much later than it normally should be.

Secondly, and related to the first, they have differed with regards to the meaning of the statement, should you have any doubts. The following opinions have been mentioned:

1. Ṭūsī, Zuhrī, Zajjāj, and others that it means there is doubt whether or not they are not menstruating because of age or because of some other reason.^{‎[17] Tibyan, 10/33; Tabari, 28/91, who also attributes this opinion to ʿIkramah. See also Tabrisi, 10/461; Mizan, 19/316; Fadlallah, 22/294; Qurtubi, 18/162.} Ṭūsī justifies this by saying that if she was actually in the age of menopause then the qualification about doubts would have no meaning.^{‎[18] Tibyan, 10/33. See also Tabrisi, 10/461, who says this same ruling applies to a young woman who does not know why she is not seeing menses, even though women of a similar age have menses.}
2. Similar to point 1, from ʿAbd al-Raḥmān ibn Zayd, that if she doubts whether or not she is menstruating and her menses is not showing up, her waiting period is three months. If during this time she realises she is pregnant, she will have to wait until she gives birth. He justifies this argument by saying that a Muslim woman should not be kept confined and barred from marrying.^{‎[19] Tabari, 28/91.}
3. From Mujāhid, Zuhrī, and others that it refers to the ruling on the issue, meaning if you have doubts about what the ruling on this issue is. In other words, if you doubt what the ruling is, know that the ruling is that they should keep a waiting period of three months. Ṭabarī argues for the correctness of this opinion by pointing out that the statement should you have any doubts uses the masculine plural and should therefore be addressed to men, and thus relates to doubts about the ruling, as any issue relating to doubting what kind of menstrual blood a woman is seeing should be addressed to women.^{‎[20] Tabrisi, 10/461; Tabari, 28/91-92; Baghawi, 5/110; Tantawi, 14/452; Shawkani, 5/289. This is because the ruling on the waiting period had been previously revealed in verse 2:228, but that only addressed women who had menses. This opinion would fit in with the narration about the reason of revelation of this verse, mentioned earlier.}
4. Makārim Shīrāzī says it refers to pregnancy, meaning if you have doubts whether or not they are pregnant, saying even older women may get pregnant even though it is rare. In other words, the verse is talking about women who have simply despaired about seeing their menses but are not sure if that is because of pregnancy or some other reason. He adds that any woman who is below the age of menopause but is not in menses would be included in this ruling.^{‎[21] Nemuneh, 24/243-244.}
5. Qurṭubī lists several options and then says the most correct is that it refers to the statement Do not turn them out from their houses in the beginning of the surah. As such, the verse would mean: Do not turn them out from their houses, if you doubt whether their waiting period has finished.^{‎[22] Qurtubi, 18/163.}

Although some of these are quite similar and can be reconciled, most are mutually exclusive. For more detailed arguments on these issues and the justifications of various scholars with regards to their positions, one should refer to the books of Islamic law.

Regarding the statement As for those who are pregnant, their term shall be until they deliver, it has apparently sparked disagreement even amongst the earliest Muslims. Scholars of both schools report that Imam Ali (a) was of the opinion that this verse is specific only to the waiting period of divorce, and this is also narrated from the other Imams. The waiting period of a woman whose husband has died is the waiting period that is longer: either delivery of the child, or the four months and ten days. Apparently, Ibn Abbas followed Imam Ali’s (a) opinion on this, and many other companions disagreed with them on this. According to some reports, Ibn Masʿūd, Ubayy ibn Kaʿb, Abū Hurayrah, ʿUmar, Qatādah, and others were of the opinion that it is delivery in both cases, and it is these reports that have been adopted by Sunni scholars, whereas Shia scholars have naturally followed the opinion of Imam Ali (a).^{‎[23] Tabrisi, 10/461; Tibyan, 10/34; Tabari, 28/92-93; Suyuti, 6/235-237; Alusi, 14/333. In conclusion, we may state that certainly the philosophy of the waiting period after a husband has passed away has to do with a period of mourning and a chance to process grief and tragedy so that a woman is not taken advantage of while she is still grieving and vulnerable. This should be obvious from the fact that it is longer than the standard waiting period. Ignoring this waiting period completely or shortening it is not in the interest of the woman, or her child.}

And whoever is wary of Allah, He shall grant him ease in his affairs. Ṭabrisī says this means God will grant him ease in all his affairs, both in this world and the next, adding that some have said it means that God will make the difficulty of separation easier for him and remove sorrow from his heart.^{‎[24] Tabrisi, 10/461. See also Baghawi, 5/111.} Al-Bayḍāwī says it refers to making easy the aforementioned rulings.^{‎[25] Baydawi, 5/221.}

INSIGHTS FROM OTHER TRADITIONS

1. For I am with you to rescue and save you, declares the Lord.^{‎[26] Jeremiah 15:20.}

[1] Fatḥ-Allāh Aḥmad, Muʿjam Alfāẓ al-Fiqh al-Jaʿfarī, p. 457. She is also sometimes called qāʿidah, although that more accurately refers to someone who no longer wishes to marry. See the commentary on verse 24:60 for more.
[2] Raghib, p. 257.
[3] Tibyan, 10/37.
[4] Tabari, 28/93.
[5] See also verse 2:228.
[6] Tibyan, 10/33. Classical Sunni scholars had various opinions – that are too many to list here – about the waiting period of a pre-menopausal woman who stopped seeing menses, the most common being that she should wait for nine months and then another three months; see Qurtubi, 18/163-164, for the various opinions.
[7] Nemuneh, 24/243.
[8] Najafī, Muhammad Hasan, Jawāhir al-Kalām, 32/41.
[9] Nemuneh, 24/243.
[10] According to Shia scholars, if he does take her back while she is pregnant, he cannot divorce her again until she has given birth. Although some have allowed it if he waits one month (Najafī, Muhammad Hasan, Jawāhir al-Kalām, 32/132).
[11] Mustadrak.S, 2/492-493; see also Bayhaqi; 7/420; Kanz, 2/524; Tabari, 28/91; Suyuti, 6/234-235; Thalabi, 9/339; Qurtubi; 18/162-163; Nemuneh, 24/245. The same report has also been attributed to Muʿādh ibn Jabal (Razi, 30/563), although this seems like it is probably an error on Rāzī’s part; see also Qurtubi, which seems doubtful of this attribution). In addition to narrating it from Ubayy ibn Kaʿb, Thaʿlabī also reports it from Khallād ibn Nuʿmān ibn Qays al-Anṣārī.
[12] Istibsar, 3/339; Wasail, 22/248.
[13] Imam al-Kāẓim (a).
[14] Kafi, 6/82; Faqih, 3/511; Tahdhib, 8/128; Wasail, 22/197.
[15] Four months and ten days.
[16] Tahdhib, 8/149.
[17] Tibyan, 10/33; Tabari, 28/91, who also attributes this opinion to ʿIkramah. See also Tabrisi, 10/461; Mizan, 19/316; Fadlallah, 22/294; Qurtubi, 18/162.
[18] Tibyan, 10/33. See also Tabrisi, 10/461, who says this same ruling applies to a young woman who does not know why she is not seeing menses, even though women of a similar age have menses.
[19] Tabari, 28/91.
[20] Tabrisi, 10/461; Tabari, 28/91-92; Baghawi, 5/110; Tantawi, 14/452; Shawkani, 5/289. This is because the ruling on the waiting period had been previously revealed in verse 2:228, but that only addressed women who had menses. This opinion would fit in with the narration about the reason of revelation of this verse, mentioned earlier.
[21] Nemuneh, 24/243-244.
[22] Qurtubi, 18/163.
[23] Tabrisi, 10/461; Tibyan, 10/34; Tabari, 28/92-93; Suyuti, 6/235-237; Alusi, 14/333. In conclusion, we may state that certainly the philosophy of the waiting period after a husband has passed away has to do with a period of mourning and a chance to process grief and tragedy so that a woman is not taken advantage of while she is still grieving and vulnerable. This should be obvious from the fact that it is longer than the standard waiting period. Ignoring this waiting period completely or shortening it is not in the interest of the woman, or her child.
[24] Tabrisi, 10/461. See also Baghawi, 5/111.
[25] Baydawi, 5/221.
[26] Jeremiah 15:20.