Quran Tafseer – Page 37 – Rules Of Divorce In Islam
Channel: Ahsan Hanif
Series: Ahsan Hanif - Quran Tafseer
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Salam Alaikum Warahmatullahi Wabarakatuh Smilla Rahmanir Rahim Al hamdu Lillahi Rabbil Alameen wa Akbar to 13 Allah Illa Allah Allah Allah mean Masha Allah, Allah who the whole Russia Rica, Allahu Allah. Well you know what you need we should do another Vienna Muhammad Abdul Hora sudo Mustafa Amin Allahumma Salli wa Sallim wa Barik Al Abdullah sadaqa Muhammad wa ala alihi wa sahbihi a drummer in my band. Welcome to another episode of Out of seed page by page and inshallah to Allah today we are on page 37, which is the second dose of Surah Al Baqarah. In the previous episode, last panel data mentioned to us a number of rulings in the previous episode versus that we mentioned Allah azza wa
jal mentioned to us a number of rulings concerning divorce. And one of the key takeaways or one of the key principles that Allah azza wa jal mentioned is that in all of those affairs, as we said, they should be done as Allah mentioned in one night in your female who do the law, if the two of them meaning the husband and the wife, so long as they feel short and certain that they can uphold the laws of Allah subhanaw taala. What we then understand from that, as we said, is that if they don't think that they can uphold the laws of Allah azza wa jal, if a husband or a wife thinks that it will lead them to oppression, or lead them to not being able to fulfill the rights of their
spouse, then they need to question themselves very seriously, because the last thing a person wants to do in terms of their marriage, is that they turned away from Allah azza wa jal, or it leads them to sin and disobedience already leads them to a type of oppression. And that is because we know that there are three types of oppression or three types of sin if you like. The greatest form of oppression, is the oppression of Sheikh as Allah azza wa jal mentioned in the Quran in the *can alumina Alvine indeed, shirk is the greatest of all oppression and that is the oppression that Allah azza wa jal will never forgive and the person who perpetrated will be in the fire. The second type
of oppression is the oppression that a person does between them and loss of Hannah Darla meaning they sin, and it's a private sin doesn't affect anyone else. And those are the sins and the types of oppression, that it is up to Allah azza wa jal if he wishes to forgive, he may do so. And if he wishes to punish for them, he may do so. But if a person makes tomentose To Allah azza wa jal, he won't forgive them. And the third type of oppression is the oppression between people. I oppress someone else, I withhold the rights of someone else, that type of oppression. That oppression is only righted when the wrongs that has been done is right. So yes, there is an element of Toba that
you turn to Allah Azza didn't seek forgiveness, but from the Toba and from that repentance and forgiveness is that you must write the one of the person that you wronged and that is difficult to do, sometimes and in certain circumstances. So therefore, if you think that you will, it will lead you into that place into the area where you're going to be oppressing people, and then it may be very difficult for you to rectify those wrongs or that person may be unwilling to forgive you for the wrongs that you did, then perhaps it's better that you don't go into that type of marriage or continue with a type of marriage. In verse 231, which is the first verse on this page. Allah azza wa
jal continues with the same theme. We're still speaking about the theme of marriage and divorce and so on.
Allah subhanaw taala says, What either palapa toman, Nisa, Fabiola Lago Nirjala MSSQL on Bhima, roofing I will say the rune Nebby metal roof when you divorce women and they reach their set time that either keep them or release them in a fair manner. Allah subhanaw taala is referring here to the divorce as we said, with divorce, when a person divorces the husband versus the wife, she enters into a waiting period. In that waiting period, he may take her back or he may allow the waiting period to elapse. He can do this a maximum of three times after the third time that divorce becomes final and binding. As we said, Allah azza wa jal mentions until the wife marriage or the husband in
a legitimate marriage, and they happen to legitimately divorce, then the first husband and wife or that first husband may may marry his wife, ex wife, the woman who's now its ex wife, his first wife, again, if they so choose, and if they think that they can uphold the lows of Allah subhanaw taala. In this verse 231 was speaking about that waiting period. So after the first it was or the secondary was that waiting period Allah azza wa jal says, and they have reached their set time meaning that waiting period that we said the third row that we mentioned in the previous episode, those three monthly periods, those that is the time that Allah azza wa jal is referring to meaning that before
she reaches the end of that set time, you have a choice oh husband MSSQL will not be mouthed off, keep her in a go.
manner, a fair manner, Oh, certainly wouldn't have been my roof release in a fair manner, whatever you do, do it with my roof meaning in a good way, the word my roof means something which is good, something which is acceptable in the customs of the people what they consider to be fair and right and just an Allah Azza doesn't specify because people's customs differ the way people are in the customs and the timezone difference. So Allah azza wa jal leaves it to the people and their customs or their practices, but he says the word my roof within it means that it must be fair, and that it must be good. So if the customer is even if the customer is oppressive, is that if the custom goes
against the principles of the Sharia, then it is no longer my roof, because my roof must be something which is good, which is fair, and something which is acceptable to the people. And that is why Allah azza wa jal dimensioned, this even more explicitly, and he says, well, atoms equal, not the raw liter utter do, do not hold on to them with the intention of harming them and committing aggression. Don't just keep those wives so that you can harm them, don't keep them to oppress them. And this is what we what we mentioned in the previous episode, that sometimes people and especially men and husbands, when they consider themselves to be the leader of the household, have authority
over the people in their house and in their family. They consider themselves to be kings that must be obeyed, that their rule is absolute, that there can be no one that can speak out against them, no one that can have a different opinion, other than this, and that is a cultural understanding that we have in some cultures. It is a mindset that some people take these verses of the Quran and they apply them according to their whims and desires not because that is what the Sharia commanded or legislated. And if you want to understand this correctly, then look no further than the example of the Prophet sallallahu alayhi wa sallam, how often did the Prophet son consult his wives? Dylan, the
Prophet salallahu alayhi wa sallam after first receiving revelation in the cave of Hira from all of the people that he could have gone to. He had his uncle about it. He had his uncle, Uncle Abbas. He has his uncle Hamza. He has his close friend, Abu Bakar. He has people, many people in Mecca that he knows from all of those people. He went and chose to go back to his wife, Khadija Radi Allahu Allah. And that is how a marriage it should be. That the husband and the wife come together for the sake of Allah subhanaw taala, they married one another, so that together they could find the path that is pleasing to Allah azza wa jal and need one another to gender help one another to get to Jana, and
then by extension, their children and their family. So if the husband is going to be a ruler, in that sense of the word, a dictator within his household, almost like a despot in the sense that he doesn't allow anyone to do anything except by His Express will and desire, that that's going to be something which leads to oppression on home. And so yes, he has rights. Yes, he has authority. Yes, Allah azza wa jal has given him a station. But that station is wonderful responsibility. It is a station in which you must understand that now more than ever, you should be fair and just as opposed to being oppressive.
And so Allah Azza bhajan says that if by holding on to your spouse is going to lead to aggression, transgression, that don't do so, well, me if daddy cafardo vala man, EFSA And whosoever does that, then they have wronged themselves, they have committed oppression. And as we said, that type of prayer of oppression is the one that Allah azza wa jal does not forgive until you write that wrong that's been done. And when you oppress people in a relationship, even if afterwards, you separate afterwards, there is divorce, because of the harm that's done and the emotional impact that it has, it is very rare or it is not very rapid, it is likely to be the case in many cases, are likely to be
in many cases that those people will be unwilling to forgive and willing to show that level of of forbearance and patience because of the harm that was done to them and what they had to live through on a constant basis on a daily basis. And so beware of this, beware of this type of oppression. And that is what you find, as the Sharia commands as Allah azza wa jal commands when he says in another verse, Waltons will follow the law. But you know, that if you happen to divorce, then don't forget the good times that you had. Don't forget the favor that you had over one another. Yes, there was hardship. I know that you divorced because of those hardships. But what they also times are good,
when they good point and so on. And that's obviously speaking about the general marriage not in the case where one spouse is abusive and harmful and violent and so on. But generally speaking, when there is divorce, yes, there are hardships but there were good things as well. Don't let that become a problem where it leads to oppression. And so always bear in mind what Allah azza wa jal command and what is pleasing to Allah subhana wa Tada. Allah azza wa jal says, well let the turkey do Tiller he who's Allah? Allah subhanaw taala it says And don't make a mockery of Allah signs and his vessels and from making a mockery is what people do, as I said, in terms of the husband thinking that he has
a kingdom to rule and he says no, but Allah said, and Allah said, and Allah gave me the analog
And that's what he does. And so he uses it not for to please Allah azza wa jal not to fulfill the rights of others, but to fulfill his own desires and his temptations and other ways that people try to manipulate the wounds of Allah subhanaw taala. As we said before, sometimes people go into a sham marriage or some type of a fake marriage simply to sneak something Halal which otherwise would be haram as we mentioned in the previous episode of the issue of divorce and a woman getting married to another man before she goes back to her first husband. These types of issues are not from the religion of Allah subhana data and therefore should be refrain from
Allah azza wa jal then says what Caronia Matala here or they come Mama said rd Camino kita B will Hekmatyar ELO Combi Allah azza wa jal says remember the favor that he blessed you with and the Scripture and wisdom that he sent down upon you in order to remind you, it is from the greatest blessings of Allah subhanaw taala that Allah azza wa jal legislated for us in all of these effects. Allah subhanaw taala had he wished he could have said that he will only legislate in regard to in worship, pray like this fast like this make hatch like this. But in terms of everything else, in terms of your wives and in terms of your marriages and divorces in terms of your children, in terms
of your business dealings, leave it open, and that would have caused a great deal of oppression and corruption. And people would have said no, but Allah said it's up to us. And so we can do as we please. And so people would have gone back to the customs going back to their rulings come back to the temptations and desires and so on. From the Mercy of Allah azza wa jal is they gave to us knowledge from the Quran and the wisdom that was given to the Prophet sallallahu alayhi wa sallam, the Sunnah, which explains the Quran that highlights and legislating all of these issues and affairs. So we know then for surety, that this is the should be our of Allah subhanaw taala. This is
the command of Allah azza wa jal and so therefore we know that this is oppression. And if you do this, you have oppressed and transgressed and if you do this then it is halal. And it is legislated. Remember the blessings of Allah azza wa jal and what he gave to you of that knowledge, what up Allah Allah, and Allah has the coalition in our team and fear Allah know that He has full knowledge of everything. Know that Allah azza wa jal knows what you hide and what you conceal, know that Allah subhanaw taala knows your intention at the time of what it is of when you do something. Allah knows the intention. If in your heart it is the intention to harm even though you may profess and that
will be appear to want something else. Allah knows your intention and Allah knows that which you hide.
In the next verse, verse 232, Allah azza wa jal says still on this theme of divorce what either a legato Nisa Alana Jana who novella NO NO NO a and John, not either Toronto, either Toronto Benina, whom Bill Maher off when you divorce women and they have reached a set time, do not prevent them from RE marrying their husbands if they both agreed to do so in a fair manner. This is speaking now this verse is speaking towards the valley to the guardian of the woman and the guardian of the woman as we know in the marriage contract the woman needs a guardian a Willie for the marriage contract, whether that's a father, whether that's her brother, may be a son if the Son is old enough a
grandfather paternal uncle, these people are considered to be the only usually speaking in is the Father and He is the one who will make the contract or give the verbal contract with the with the husband, Allah azza wa jal is addressing these these these Oleana these guardians and saying that if the woman happens to be divorced, and there's a waiting period, as we know and the waiting period elapses, those three monthly periods as we said before in the previous episode, once in the three monthly period waiting, a waiting time, or that set limit of three monthly periods, the husband can take back his wife, and he doesn't need to give a new contract new marriage, new dowry, new
witnesses or anything that is his choice. But if the three monthly period time elapses, that time finishes now, maybe after six months, he realizes actually, I made a mistake, I want to get married. Now, I want to go back and get married to my first wife, he must now make a new contract. So again, the willie must be involved. There must be two witnesses, there must be a diary and so on and so forth. In order for this now to take place, he needs the consent of the Guardian, The Guardian has to pre play his role. The Allah's origin is saying here, that if that is the case, and both the husband and the wife, no one out divorce both of these people in the man and the woman, they want to
reconcile, they want to get married again, they want to try again and they think that they can do so upholding the laws of Allah azza wa jal, then Allah subhanaw taala says, then do not prevent them from doing so. flatout Boulogne, you oh god in don't prevent them from doing so. And there was mentioned that one of the causes of revelation for this versus what is mentioned in the Hadith of the Prophet sallallahu alayhi wa sallam that there was a companion, whose sister got divorced he happened to be a guardian they put
The father had passed away or maybe it was one Muslim Allah knows best. But the point is, he was the God you now have the sister and her husband divorced. And the waiting period elapsed, the husband that came back and he said that I want to marry her again. And his sister who was the wife, she said, I'm happy to marry him as well. But the God in the brother he said, Nobody Allah, no, you married my stuff, then you discarded her. Do you think that I will never go back into that kind of marriage and go through the whole thing again? Allah azza wa jal then revealed his first don't prevent him from doing so. Maybe he feels sorry. Now he has remorse. He understands and appreciates
a value. Sometimes when you're in a marriage, or you're in a situation or relationship, and you're in it every single day, it is difficult to step away. And that is why Islam gives these waiting periods gives these moments of separation, so that you can go and think by yourself, come out of that situation, stand back and think about it. For some people, it takes longer, three months is not enough, takes six months takes nine months he thinks and he sees kind of getting murdered someone else can I find and he realizes actually, that first wife was amazing. Maybe she was good for me and I just need to rectify my own character, be patient with certain things because every one has
positives and negatives and so therefore I need to learn to appreciate her positives and look over some of the faults that I have and that she has and so on. And so Allah azza wa jal said don't be from those people who prevent those types of marriages if they are going to do so, in a good and fair manner.
The weaker you are will be Haman Can I mean commute me Nabila? He will yo me. Allah azza wa jal says, Let those of you who believe in Allah the last day take this to heart. Then he come as gala Kuma alcohol that is more wholesome and pure for you. Wallah we are Allah Tala Tala moon, for indeed Allah knows and you do not know and so Allah azza wa jal therefore gave this instruction and this is from the Mercy of Allah subhanaw taala as well that Allah azza wa jal is instructing that the sometimes the Willy the Guardian looks for his own his own interests, The Guardian fears, his own reputation, his own standing in the community, the garden fears, what will people say about me? Or
how will my family look upon me? Allah azza wa jal saying that you will go role as the guardian is not to look out for your own well being is to look out for the well being of that woman that is under your care whether it's your daughter or your sister, whoever it may be, look out for her. And if you find that this man is good, and she's happy to be with him, and yes, they may have got divorced for one reason or another, but they're sincere and then want to try again. Then trust your first one Allah azza wa jal and allow them to do so because the last thing that you want is that they fall into some type of haram. The final verse on this page was 233, Allah azza wa jal then says
and this time now concerning the children who may come about as a result of divorce so the husband and wife divorce and they have a young child, well, well either too old they're an older than how Laney Cameleon Iman or rather a new T marudhar. Allah says and the mother suckled their children for two whole years if they wish to complete the 10 Allah azza wa jal it says that the suckling of the child is for a two year period, it is allowed for them as Allah azza wa jal will mention in this verse allowed for them to stop the suckling before that at any time that they choose. But the maximum period is the two years for those people who wish to complete that term. What our little mo
lo de la who is Ohio network is way too nebulous Mr. Wolf, and the clothing and maintenance must be borne by the father in a good and fair manner for the child. So that child, so now the husband and the wife, they've divorced the mother and father, the child of divorced, the child is young as a newborn, that child needs to be second and needs to be cared for. The father is responsible because it's still his son or daughter. He's responsible for the food and the clothing and responsible for the mother in terms of her circling that child what she needs in terms of being able to search for that child in a way that is correct. And that is why the hadith of Hynd or the Allahu anhu, the wife
of Abu Salam or the Allahu, and when they lead to both accepted Islam after the conquest of Makkah, she came to the Prophet sallahu WA and he was telling me she said, O Messenger of Allah, my husband is stingy, meaning above Sofia, and he doesn't give me What's enough for me and my children. The Prophet sallallahu alayhi wa sallam said, take what is enough for you and your children in a fair manner, build my roof. And so therefore it is the responsibility of the husband to provide or the father to provide for his children. Even after divorce. They're still his children. And so Allah azza wa jal says, that is something which they must bear. Now to colorful nevsun It allows or her,
no one should be made. No one should be burdened with more than they can bear. Allah azza wa jal says that this is something which Allah azza wa jal has placed upon them. And so the one who is obviously more wealthy will give more and the one who has less will give less each person according to their own circumstance, and therefore it depends upon the Livingston
100 of the family. So someone, for example, who is from a wealthy family, got married to a wife as well, from a wealthy family, their living standards are different to a person who's from a relatively normal average income family or a poor family. Every one of them is different. And so each one according to their own standards and their own, their own situation,
Allah azza wa jal Lin says Allah to door leader to me, whether the mooloolah who will be well at the Allah azza wa jal says, no mother should be made to suffer harm on account of her child, nor any father and account of his the usual practice, as we know, even though things in our time is slightly different to the usual practice is that for a newborn child, the mother would cycle that child, this is before they had formula milk and all of these other alternatives that we have in our time, historically, and even today, in many parts of the world. It is the mother that cycles the child, Allah azza wa jal is saying that the mother shouldn't be harmed on account of a child in the sense
that the Father Father doesn't help provide for her in terms of giving the second to the child or in some way prevents her from settling the child. Nor should the mother have the father, by refusing to settle his child, because it says child as well, meaning the child shouldn't be used as some type of a, an object for one, to oppress the other foreign parent to oppress the other. And sometimes people do this they use, especially in times of divorce, the divorce has been a difficult one, they use their children as bargaining chips. The children are the ones who are emotionally manipulated so that they can harm one spouse or, and so when they're with the father, he's bad mouthing the mother.
And he's telling them Oh, she did this. And she's like that be careful of another child thinks, oh, this is my mother. This is how she is she behaves. And then when the child goes back to the mother, she says the same thing about the for the child. Now, what's his role or her role, they've essentially become the bargaining chip, or they've become the object in the middle that each one is playing is playing a tug of war with and therefore they're harming the child more than they're benefiting anyone else. They don't get much from that. But they're harming the child. Don't use your children. In that way. Allah subhanaw taala is saying, we're an annuity, Mr. Derrick, and likewise,
the same is incumbent upon the fathers a meaning that if the father happens to pass away, and the child is going to need suckling than the one who inherits from the Father, so for example, his brothers, his own father, the grandfather, the child, whoever is the person that inherited from them from the inheritance is a responsibility as well, and they must fulfill that responsibility because their child still needs looking after for in order for you Saul and Tara, the minima watershed warning fella Jonah, Heidi, Hema, ALLAH SubhanA wa Tada says, And if by mutual consent and consultation, the couple wish to wean the child, then there is no blame to be upon them. Meaning
that if the husband and wife agree, as is often the case, in many marriages, that the mother doesn't want to cycle the child for the whole two year period, that's the maximum limit. Maybe they want to do it for a year for nine months for six months, or whatever it may be. And so they agree that's fine. As in most marriages, most parents, you know, most spouses, husbands and wives will do that. That is something which is permissible. So Allah says we're gonna set a limit for the suckling, but it doesn't mean that you can't do this, it is open therefore, and so it is misunderstanding that some people have with this verse that they like they feel that it is an obligation upon them to do
it for two years. And that sometimes becomes difficult sometimes because very tiring sometimes maybe the mother finds it extremely burdening or physically too much for Allah azza wa jal says no, that is a choice that you have if you wish to stop before that there is no harm in doing so.
Well, in order to stop the hola the Kampala Jonah Hara de comida Salam toma de to build a wolf and Allah azza wa jal says, and nor is there any blame if you wish to engage your witness, provided you pay as agreed in a fair manner. And also from that which is allowed is to have someone else suckle the child what we call a witness a model they are as the prophets of Allah what He was telling him had himself when he went to Halima in the desert, and she was his witness. And she circled him for a period of time until he was returned back to his family. So Allah, what are you selling us the practice on the Arabs, and it was still the practice today in a number of cultures as well, that
other than the mother may circle the child. And there are certain rules that didn't take place certain common rulings that come into effect, when a child is settled from another mother, they essentially become or another woman rather, they essentially become a type of family and there is a type of relationship that takes place. So there are consequences to that as well. But it is something which Allah azza wa jal is allowed and made halal and permissible in this religion, Allah subhanaw taala then concludes this verse by saying, what Allah Allah mu and not nulla Habima to amend whatever see you. Be mindful of Allah fear Allah and know that Allah azza wa jal sees
everything that you do. So just as the husband and wife issues of marriage
should uphold the rules of Allah and not to press one another, then likewise the children of that marriage that now have to go through that divorce period. And sometimes and many times that affects the child more than or affects the parents. Those people and especially those young children should also be borne in mind in terms of their rights and in terms of their interests, and what benefits them as well. And without a shallow title we come to the end of today's episode BarakAllahu li calm was some Allahu Allah in the beginning.
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