Quran Tafseer – Page 36 – Rules & Regulation Of Divorce

Ahsan Hanif


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You're gonna shave on

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Salam aleikum wa rahmatullah wa barakato. Smilla Rahmanir Rahim Al hamdu Lillahi Rabbil Alameen will have to you but to the Matata in order Eduardo Illa Allah the mean, why should the Allah Allah Allahu Allahu Allah Sharika who already know what are feeding? What should the agenda be Euro Muhammad Abdul Hora su Mustafa Al Amin. Allah masala was certainly more radical I'm Dakota sadaqa Muhammad in Rwanda he will be mine and my bad Welcome to another episode of Out of seal page by page and inshallah to Allah today we are on page 36, which is the second Jews of Surah Baqarah.

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Allah azza wa jal in the previous episode, we mentioned that Allah subhanaw taala mentioned a number of rulings concerning a number of different things. But the one thing that connects all of them is that these are rulings that Allah azza wa jal mentions in the Surah.

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To show or to impress upon us the importance of a beat into submission to Him Subhana wa Tada. And many of these issues were issues that the Irish and the Arabs in general in their society, please slam in the days of ignorance. They used to have issues with whether it's issues of marriage, issues of divorce, issues of inheritance, issues of the well being of orphans, all of these different types of issues, women's rights, and so on. One of these different types of things that the Arabs used to fall short on before the coming of Islam and the Prophet sallallahu alayhi wa sallam.

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So Allah azza wa jal mentioned a number of rulings. The final ruling that we that we mentioned, the inclusion of the previous episode was to do with oaths, and how Allah subhanaw taala said that it is good practice that if a person takes an oath, and then they realize that there is something which is better, more beloved to Allah azza wa jal more rewarding more beneficial than they should expect for the oath that they've taken and do that thing which is more rewarding and more beneficial, could be more rewarding because the other person's taken is an act of worship. So therefore, it's more rewarding for them and beneficial for them to do what is more pleasing to Allah azza wa jal, what is

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what will bring them closer to Allah subhanaw taala. And it couldn't be more beneficial in the sense that it's something to do with the rights of others or helping others or reconciling between others. And so therefore, it is more rewarding and beneficial in that sense. It's beneficial in terms of the way that it helps others and the and the good that it will bring to a family or a community. And Allah azza wa jal also mentioned that the types of alts are Allah subhanaw taala is referring to here on the oaths of conviction in the heart that has sincerity, that you sincerely intend to do something that firm intention, those are the oath some Allah azza wa jal is referring to as opposed

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to what people may see as part of the language and as part of the conversation, whether you just simply invoke the name of Allah azza wa jal, not intending byton off, but simply because it is the way that they speak. The first verse that we're going to begin with today, which is actually the second verse on this page, because we took the first verse as part of the previous episode. But the first verse that we will begin with today, which is 226,

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of Surah, Al Baqarah, is Allah subhanaw taala administering to us a ruling of a type of oath, this is also a type of oath, but it is an oath that the husband takes in his marriage. And that is the statement of Allah subhanaw taala on the bIllahi min ash shaytani regime, living in a you know Namie Nisa, him Tara Bousso barbarity ashore, in

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in Allah Hava, for or Rahim for those who swear that they will not approach their wives, there shall be a waiting period of four months if they go back. Remember Allah azza wa jal will be Most Forgiving and most Merciful.

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This is a type of oath and there is an oath that is specific to the husband, that takes place in the marriage between a husband and a wife. And that is in Arabic called isla. Isla. It is in the books of faith known as ILA, and if you read the books of faith, there is a chapter on the in there called the chapter of the law. And the law essentially is when a husband takes an oath that he won't come close to his wife, that he won't approach his wife intimately for a period of time. And this is done for maybe perhaps because there's some problem between between the husband and the wife or the wife has upset the husband in some way or something may have happened. And so because of that, it is one

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of the ways that there is the the gives the husband and wife some type of separation, some time apart, to reconsider the situation and their marriage, and then to make the decision that will come next, whether they continue or whether they separate and on a more permanent basis.

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The prophets of Allah while he was still in practice, what we call elap this ILA

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The Prophet sallallahu alayhi wa sallam practiced it as mentioned the hadith of Aisha Radi Allahu Allah and other than Irish about the Allahu Allah and is found in the famous collections of Hadith sahih Hadith in Sahih, Muslim and that is what the Prophet sallallahu alayhi wa sallam made this oath to stay away from all of his wives, not just one or two, all of them for a period of a month. So he specified a month. And he said that for that period, I won't come close to it, and it's story and the reason behind it is mentioned in the books of Hadith. And it is mentioned because of a verse that will come much later on in the Quran in the book of Allah subhanho data. And that is that as we

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know that sometimes they would be rivalry between some of the wives of the Prophet sallallahu alayhi wa sallam. So some of them decided that they would do something in order to take away some of the fever that the Prophet sallallahu alayhi wa sallam was showing some of his other wives and so on, or what they considered to be a famous not only the a fever, but they considered that in spending or giving some attention to someone or forms to some of his wives over others. And so they said that they would do something, and they did. And this is mentioned in more detail in sort of the Helene, which is the final Surah of the 28th Joseph Inshallah, tada when we come to it, we can maybe speak

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about that in more detail in terms of the incident behind it, one of the,

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one of the, if you like conclusions, or one of the consequences of that particular incident that Allah azza wa jal mentions in the Quran, one of the consequences was was the Prophet sallallahu alayhi wa salam made a lot. He made a lot which is, he took this oath that he would stay away from them for a period of a month, and the prophets of Allah, where are you send them they did so for a period of 29 days, because as we know, we do in a month Islamic month can either be 29 or 30 days. And so the Prophet salallahu Alaihe Salam did so. So it is something which is legislated and there is a type of oath, because he takes an oath that I'm not going to approach my wife for this period

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of time. Allah azza wa jal says, however, this can't be open ended. Someone can't just say I will make a law and leave it forever and ever open ended, because that is now unfair upon the wife, it becomes a type of oppression upon her. So Allah azza wa jal gave for it a limit. And he said, Tara Buzu or batty assure that there is a time period of four months, meaning that that is the maximum that you can take. And so Allah azza wa jal says, For infantil. So then if they go back then Allah azza wa jal is most forgiving and merciful, meaning within that for period of time, so either they specify a time period like the Prophet did, some Allah or you send him take an oath for a month, two

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months and so on, or they leave open ended. If they leave it open ended, then they have to have a maximum of four months the Sharia puts down a limit, a maximum limit of four months, if within that period of time, they decide to reconcile that as a large budget. It says that Allah Subhana Allah is Forgiving and Merciful. And then Allah subhanaw taala says in verse 227,

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when Aza mattala puffer in Allah has sent me on early, but if they are determined to divorce, remember that Allah knows on his own. So Allah azza wa jal says that if after the period or in that period of four months, the husband decides that I can't continue with this, the wife says, Look, this isn't working, it's not happening, then they can divorce, and the marriage comes to an end. If the four months elapses, and the husband is not willing to make that decision, then he is forced to make the divorce, he's told, you have to give us either you go back, now the format is over, you only have two choices. You cannot continue in this way. Either you go back and reconcile or do

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divorce. So that time period is based upon it. And if he refuses to do so, then the Muslim judge would issue the divorce on his behalf, he would just mandatory say, it is a divorce because you're refusing to make the decision. Allah azza wa jal gave the limit of four months, the fact that you're refusing to go back to her means that the other choice must then be taken, there are only one of two choices. And so the fact that you refuse to go back means therefore, that we must proceed with the divorce. And that is essentially what Allah subhanaw taala is saying here. So one of the things that Allah azza wa jal said, or one of the things that Allah azza wa jal did, in terms of this practice,

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was to give to it a time limit. So that it would be something which would go on open ended, because we know that one of the things that the Arabs in pre Islam of the operation and is used to do before the coming of the prophets of Allah, Allah will send them in issues of marriage and divorce, is that they would often oppress the woman by having her open ended the divorce or open ended ly hanging, not really giving her divorce are not really keeping it as a wife either. Or they would say certain things that Allah azza wa jal will mention, later on, as we will mention each one in the Quran, one of the latest sources that will come, they will do things like the house, the house is essentially

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when the husband would compare his wife to his mother, meaning that I'm treating you like my mother. So therefore, as a mother, no one has an intimate type of relationship with their mother that is something which is abhorrent. And so therefore, by making that type of distinction by saying to his wife, that this is

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is how I will treat you. It was a type of divorce that isn't a divorce, like that a woman now isn't divorced because he didn't divorce. But at the same time, he's not keeping up because he just said to her, you're like my mother. And so therefore, this is what the Arabs used to do to oppress their wives, Islam came and he took away all of the type of repression, all of that type of thing and they place limits within it and obeyed a recourse for the wife to be able to go to the Muslim judge and to seek her own cause of action. If the husband is refusing to give her any type of clarity.

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In verse 228, to 28, Allah subhanaw taala then goes on to the issues of divorce. Allah azza wa jal says one mortal lappa to yet our boss maybe unforeseen metadata guru, divorced women must wait for three monthly periods before we married a woman when she's divorced by her husband. In Islam, we have what we call the ADA, the waiting period, and the waiting period will differ depending on the situation of the woman. So for example, the woman that is pregnant has a waiting period. The woman that is divorced has a meeting waiting period. The woman, for example, that is widowed, has a waiting period, each one of them has their own warning. Here, Allah azza wa jal is speaking about

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the divorced woman, the divorced woman, Allah subhanaw taala says, and this is the divorce woman that isn't pregnant, that she has to wait, her waiting period is 303 monthly cycles. And the scholars of fekir differ as to the what the word or means, or means does it mean the onset of the month the cycle, or the ending of the month in cycle and the purification that takes afterwards that's an issue of difference of opinion amongst the scholars of Islam. But either way, they essentially agree as Alonso says that it is three monthly cycles or three monthly waiting periods. So in that time, which is the waiting period, the husband has the right to take back his wife, if he

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wants to give the marriage another go. And if that period elapses, it finishes that if they want to get back together again, it must be a new marriage contract with new witnesses, and new dowry. And so it's essentially like marrying the woman all over again from beginning whereas during the waiting period, he can simply ask for to come back. And it doesn't have to be a new marriage contract or anything else. And that is one of the benefits of the waiting period. Because sometimes in the heat of the moment, the husband and the wife divorce, and then after a period of time, maybe a couple of weeks, month or so, they realize that actually, what you like to them was far more and far more

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important than what separated them, the love that they had for one another was far greater than the differences that they have. And every marriage, every relationship has its differences has its has its peaks and troughs has its highs and lows, because that is the nature of of humans, that they differ and that they will have different positions and opinions. And sometimes they become upset when or with one another and so on. And so sometimes some people they feel that they can't reconcile that it is that there is no hope for them. But after a while, they realize that actually no, it was better. And it was good. And they had much more that kept them together rather than that which

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separated them. So Allah azza wa jal gave this time period of to elapse, so that people could make that decision without any other type of pressure. But there is obviously a limit to it, because otherwise the husband would just leave it open ended. And that would mean that the woman can't continue with her life, or, for example, remarry. Allah subhanaw taala then says, Well, yeah, hey, Lola, who knows? To NEMA Haleakala houfy Hire me in Kannada, you mean Nabila? He will Yeoman.

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Allah azza wa jal says

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and if they really believe in Allah and Allah stay, then it was not lawful for them to conceal what Allah has created in their wombs

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me meaning that Allah azza wa jal is saying that in that period of divorce,

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if the woman realizes that she will become pregnant, so that's why it's mentioned as mentioned as three monthly periods, meaning the monthly cycle that a woman goes on, because the monthly cycle shows that she is not pregnant. If she becomes pregnant, Allah azza wa jal says, don't conceal that pregnancy, because the husband has no way of knowing once they're separated, whether she's going through her monthly cycle rock no does really anyone else, she could conceal that monthly cycle for three months. And within the first two or three months, there are very little or very few outwardly signs that a woman is pregnant in terms of, of the baby showing itself and so on. There's not many

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signs and so therefore, she could very quickly after those three months get married, and claim that the child belongs to someone else, Allah azza wa jal is saying, the woman who believes in Allah and the Last Day will never conceal the true lineage of the child that she's carrying his true parentage, who the father is, and that is because the shilling or one of the things that he came to preserve is lineage, it

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As from the five major issues that actually I came to preserve, so that people will know because one of the issues that the Sharia does or considers to be extremely important is the issue of lineage. So we know and that is why we only get to have children within the bounds of marriage. Why Allah azza wa jal has made Zina haram. One of these warnings concerning the way men and women have relationships and the way that they communicate and mixed with one another or don't mix with one another. All of this has been legislated by the Sharia. So it doesn't lead to indecency. And those types of issues with which then leave a child without any idea of who the father is, or sometimes

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their mother abandons them or every Maybe Allah subhanaw taala places their responsibility upon the parents for the child. And from those responsibilities, it's financial from those responsibilities is emotional, and from those responsibilities is religious. As Allah azza wa jal says, oh and forsaken, were leikam Nara Save yourselves and your families from the fire. And so Allah azza wa jal is saying that it is not befitting for the woman to conceal this. So maybe after the period of divorce, and that waiting period, she finds that she's pregnant. It is therefore her duty, and the right of the husband, that she tells him that I am now pregnant, that may also change their

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relationship with the way that they think about their marriage, they may decide that now that they're having a child together, that it is better for them to continue in that marriage, as opposed to separate. And so Allah subhanaw taala says that it is from the signs of iman, that a person would conceal something like this because it speaks to a person's trust, their integrity, their honesty, and so on.

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Allah azza wa jal then says, Well, we're all led to know how Kobe Roddy Nephi, Danica in Arado is Sneha. Allah subhanaw taala then says

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their husbands would do better to take them back during this period, provided they wish to put things right. Allah azza wa jal says that the husband has more right or has the right to ask for his wife to return during that waiting period with a condition and the caveat. And that condition is that they want to rectify that you want to do things in the correct way. This is from the Mercy of Allah subhanaw taala number one, Allah azza wa jal has given the husband the right to choose that if he wants the marriage to continue that he wants to give the marriage another go, that he has the right for the to ask for his wife to come back. That's his right. However, Allah azza wa jal doesn't

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leave that open ended, but from the Mercy of Allah subhanaw taala, as he says, so long as he wishes for it to be good, so long as he wants good to come from it, meaning that he's not doing it out of some type of enmity, some type of wish to oppress some type of wish to stop his now what would have been its ex wife wanted to carry on with her life or to get remarried to someone, so he doesn't really want her and he's going to oppress her, but he's going to keep her as well because he doesn't want it to go to anyone else. These types of issues, Allah azza wa jal says that they will be sinful, they will be disobedient. And it was a position of some of the scholars that they said that

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if it is found that the husband has an ulterior motive and evil intention, then it's not allowed for him to take the wife back and he can be stopped and prevented from doing so. That's one position that you find amongst some of the scholars, and it has his weight it has its weight within this verse of the book of Allah subhanaw taala. Because Allah azza wa jal gives the caveat, the majority of the scholars said no, she would still go back to the wife, even if we had suspicions concerning that, and you will be sinful that is between him and Allah subhanaw taala. As I said, the other scholar said, No, because Allah azza wa jal says in Arado, Islam, if they wish to do that, which is

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good. So if we know that this person is doesn't want to do good, for example, he's abusive, and we know that he's abusive, he's physically abused, his wife is violent towards her, he harms his wife and children, then that person is someone that you don't want to go back to that you don't want them to go back and to be put into that position in that type of marriage. And that is from the Mercy of Allah subhanho wa taala. Willa who name is to live era he nebulae my roof, Allah says and wives have right similar to their obligations, according to what is recognized to be fair, meaning that Allah azza wa jal has given to the wives rights. And this is one of the major differences between the

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practice of the people of Jamelia before Islam and the practice of the Muslims at the time of the Prophet sallallahu. He was setting them Allah azza wa jal has given to why the wives their rights, they have a right to be cared for to be provided for the you treat them with honor and respect that you love them, that you allow them to live a life that is a life of happiness and fulfillment that you allow them to fulfill their obligations to Allah azza wa jal, and their family and so on and so forth. These are the rights that they have. So just as you have rights over them or husbands, they have rights over you. And just as you expect your rights to be fulfilled, then likewise, they have

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rights that they expect to be fulfilled as well. And the successful marriage is the one

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that can recognize those rights and work together in order to be able to fulfill those rights. And sometimes that means a level of compromise. Because if I always demand every single one of my rights, and my wife always demands every single one of her rights, that it's sometimes impossible to do that, because the nature of humans is that we can't fulfill every single right every single time. And that is why when it comes to relationships, the husband with the wife, the children, with the parents, siblings, family members, relatives, friends, and the Sharia, or even in terms of brotherhood in the stem, tells you to be foregoing tells you to be forgiving, tells you to pardon

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and to gentle to be gentle, doesn't say demand, everything is your right take everything, even though it is your right and you have the right to take it. But what the Sharia always encourages is gentleness and kindness. Because human nature means that they will fall short. Human nature means that sometimes I will wrong. Sometimes I will oppress, sometimes I will not fulfill the rights of others. So if that person understands that he's human, and just as he makes mistakes, I make mistakes, or just as she makes mistakes, I make mistakes, then that marriage or that relationship can continue to work. Otherwise, at some point, it becomes extremely difficult for to continue or it

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continues at the expense of the happiness of one spouse or another.

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Allah azza wa jal then says will live the journey early Nadarajah. And the husbands have a degree of right over their wives meaning that in the household, because in every single structure, Allah azza wa jal has given one person authority and in the structure of the household, the family, it is the husband that has been afforded that right. And it is a responsibility, not a kingdom or a fiefdom, that that person can go and then start to come out as they wish, and and just a just a press as they wish. One is a responsibility that Allah azza wa jal has placed on them. Look at this verse, that the husbands have that right. And look at the statement of the Prophet sallallahu alayhi wa sallam

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could look Mossad or coloca masala and yet, every one of you is responsible, every one of you will be held to account for his responsibility. And from those responsibilities, the prophetess and Emma said is the wife of the husband over his household, it's a responsibility. So yes, I have authority. Yes, I get to make the final decision personally just because it's based upon my desires to what I want to do, whatever it is that I please, it is done as everything else in the Sharia is done in the in the atmosphere of communication, reference, or cooperation, as the Sharia says make sure us counsel seek advice. The Prophet sallallahu alayhi wa sallam with his own wife Salah while he was

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sitting didn't have the type of ruling system where he would sit as unfortunately many brothers now have the concept that it means that you're the husband so you can just set a hope or your feet up command everyone to serve you and to wait on you hand and foot No, that's not the meaning. Irish Shabbat the Allah when I was asked the prophets of Allah why do cinema home describe him. She said he would be in the service of his family. Not that we would serve him he would be the one serving us and he is not only the leader of the household, he is the leader of the whole ummah. He is the Messenger of Allah, the leader of mankind sallallahu alayhi wa sallam, but still he understood what

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he means. So this concept of symptoms unfortunately men have Additionally I gives us this right so therefore, I can now I express my right I cannot go and show my masculinity in this way and my manhood, that is what the meaning of what you find in the practice of the Prophet sallallahu alayhi wa sallam brought to the prophets of Allah where it was centered was helpful. He was gentle, he was kind he was merciful. And he was patient with his family. So Allah Allah, he was salam. But yes, there is that level of authority. And what that authority means is that Allah azza wa jal will hold you to account before anyone else, a normal piano. So when it comes to your family, the Salah, what

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you do in your household, what you're allowed to come in, not come in what they watch what they don't watch, all of the standards, what Allah azza wa jal will ask you about, you will be responsible, Allah gave you that level of authority, but that responsibility also brings to it with it a level of higher accounting.

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And Allah azza wa jal says, Allah was here again, and he did Allah is almighty and on wise, in the next verse in 220 min Allah azza wa jal says on Tala Kumar attorney for encircling the metal roofing artistry, Aung San, the worst can happen twice. And each time wives can either be kept in an acceptable manner or they are released in a good way. If a husband divorces his wife, and then the period of waiting elapses, and then they wish to get married again, they get married again for a second time. And then if they do if he divorces her again, and the period of waiting elapses, then he can marry her a third time. But after the third time, he can't just marry her again, as Allah

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Azza will mention in the forthcoming verse in the West I will come after this. The practice of the Arab before the scam is that he could marry her and divorce as many times as he wanted open ended, marry her way for a while marry, divorce sorry wait for a while, married or again divorced away from America, and this will be done

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Have Ended. Allah azza wa jal said no, he can't keep doing this. Even in the waiting period if he takes her back, he can only do this a maximum of three times after the third time that divorce is final.

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It is final. He can't just keep doing this kind of just keep playing with the conscious keep seeing your divorce and come back and this is also from the Mercy of Allah subhanaw taala while you're here Lulu come home in day two Munna che and in up Muhammad Allah is not lawful for you to take back anything that you have given to your wives, except we're both fear that they cannot maintain the marriage within the bounds of Allah subhanho wa Taala that Allah azza wa jal says that it's not permissible for you to take back from your wives that what you gave to them, so what you gave to them in terms of their diary, in terms of their gifts and so on at the time of divorce, you can't

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just take that back from them. That's something that you gave for the sake of Allah subhanaw taala and for that marriage as part of the contract, so therefore, now it is something which belongs to them.

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For encrypting Allah Ulema who do the Allah if Allah Juna Hardy, he may have female after that be, but if you feel that you will not be able to uphold the commands of Allah subhanaw taala that there is no blame on either of them if the woman opts to give back something for her release, and this has to do with the color, the separation that the woman asks for. She's not happy in the marriage, the husband refuses to divorce her, she is allowed to go to the Muslim ruler and judge and say I can't continue this marriage, as some of the female companions did in the time of the Prophet salallahu Alaihe Salam, he then issues the separation which is called Hola, but from the conditions of that is

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that she goes back to the dowry that he gave to her, Allah azza wa jal, it says didn't get hoodoo ly Fela Tata dua these are the bounds set by Allah, so do not overstep them. When when you tag Allah if Allah, Muhammad Valley, mon, and those who overstep those bounds, then those are the ones who do wrong. And these in terms of the details and the mining shape these are issues of fact, that require deeper study for us and our purpose it is for us to understand the verse in its general meaning without going into the explicit details of the fifth rulings. The final verse on this page in western reset Allah azza wa jal then says for palapa half Allah to Luna home in that and get huzzah

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general era for Palooka half Allah Jonah hurry Hema a Raja in one up Macedon Allah. What do you get from doing the law up you know how the economy or the moon if a husband really divorces his wife after the second divorce, she will not be lawful for him until she has taken another husband. If that one divorces her, then there will be no blame if she and the first husband returned to one another, provided they feel that they can do so with the bounds of Allah azza wa jal has set. These are Allah's bounds, which he has made clear for those who know Allah azza wa jal is essentially saying, as we said, After that said divorce, it becomes final. The only way that the husband and

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wife can then remarry is if the wife goes into a legitimate marriage with someone else. And what I mean by legitimate is not what the practice is, in some cultures, where certain people say, Oh, I'll marry and divorce you know, will come consummate the marriage or divorcing you payment such and such amount. And then you can go back to your first husband, those types of dealings. And those types of contracts are not allowed in the stamp. It must be a genuine marriage, where she marries that man, and they live together. And then if Allah decrees and just so happens that they happen to divorce, then she can go back to her first husband. And that is because number one for the wife, the woman

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that the first husband doesn't just play with a divorce, married, divorced, marry, and at the same time, he then realizes that it's not a game that he can't just go and do this as and when he pleases. And likewise, the wife understands the importance of this model of marriage and marriage to Allah azza wa jal says, so long as you hope to keep the boundaries of Allah there are set meaning in every one of these situations marriage, separation, divorce, all of these things. The first and foremost thing that should be in the mind of the Muslim is what is pleasing to Allah azza wa jal and what are the laws that Allah subhanaw taala has set upon us? We conclude with this western inshallah

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to Allah and until our next episode BarakAllahu li comm was on low Island Amina Mohamed Anwar the early he was a big marine was sitting by the commandment Allah He Ubercart this may learn

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