Taleem al Quran 2021 J02-031D Tafsir Al-Baqarah 228 part 1

Verse number 228 Bismillah AR Rahman AR Rahim Well, Mata la cartuja Torah bas Nabi unfussy Hinata Latha Kuru and the divorced women should sit in waiting period for how long for three menstrual cycles. Now, this idea and the following verses they talk about how divorce is to take place and there is especially detail regarding their either the waiting period. Now, the first thing is that we should understand that Talak is a valid, lawful, permissible way that Allah subhanaw taala has legislated for his slaves. Okay. And Paula is alarma it is a mercy because we're marriage is a beautiful bond that exists between a husband and wife. It is supposed to have Mohammed and Rama for

one another meaning the husband and wife are supposed to have love and mercy towards one another. But that's not always the case. The hearts are not, you know, in our control, it's possible that you know, a person likes someone one day but then after some time they realize that this relationship is not going to work. Love is from Allah, any love in the heart is from Allah and mica dislike hatred for someone that is also from ALLAH, any it's not always in your control. So, when two people are not able to make a marriage work, or even if one person does not want to remain in that marriage, then Allah subhanaw taala has created a way out of that situation. So the idea that marriage is

something that is supposed to last forever, till death do us apart. Basically, this is not an Islamic concept. Okay, Marriage is a union, it is a contract, where two people are supposed to give each other their rights, there are certain obligations and rights involved, but were necessary were needed, that contract can be dissolved, it can be brought to an end, we learned earlier that when a person takes an oath, alright, they take an oath, they can fulfill that vow. But if they find out that something else is better, they can give the Kafala right, there is a way out of those oaths and just like that, there is a way out of a toxic marriage or an abusive marriage or a loveless

marriage. So the first thing we need to establish is that divorce is not something evil, it is something permissible. In fact, it is a law. It is immersi and there is this concept that divorce is a global halal Illallah that it is the most disliked of permissible things to Allah. And this is based on a week nourishing because when Allah subhanaw taala has made something permissible and when Allah subhanaw taala has legislated something then it cannot be detested by Allah it cannot be disliked by Allah, because we learn that what Allah subhanaw taala has revealed what Allah subhanaw taala has commanded his slaves when it is loved by Allah, right Allah subhanaw taala likes that

which is why Allah subhanaw taala has legislated that So, the first thing we need to establish is that divorce is not something evil, it is not something disliked. In fact, in some situations divorce is actually preferable, it is liked in some situations divorces disliked in other situations, it is preferable and in other situations, it can actually be a wild trip. And depending on the situation, it can actually be wider. So we should not use you know these blanket statements and you know, just assume that divorce is something evil or something negative. It can be something very positive and something very healthy for different individuals. And here we see that one thing I

mentioned to you is that Pollock is given by the men, right because Mata la casa, these are women. So Palau is given by the men. And a lot of people have difficulty accepting this that How come a woman cannot just give bollock we learned that a woman can seek the dissolution of marriage through the process of holer right. So, Talaq is not the only way of dissolving a marriage. There are many different ways there is Fallout which the man gives, there is holer which the woman seeks, okay. There is also first first is the annulment of the Nikka which is done by a judge. Okay, that is all

also a possibility so, there are different ways of dissolving a marriage okay but the most common one is Phala and talaaq is as you know it is in the man's control meaning the husband has the right to give for luck. Now there are five possibilities okay as to who could have the right to give Tala the first possibility is that it is in the men's control that the man has the right to give follow up. Okay. And the second is that the woman has the right to give follow up. The third possibility could be that HELOC is only possible with their agreement, meaning if both the husband and wife agree that there should be thought up dental work happens. The fourth possibility could be that

someone other than the husband and wife, a third party decides on the HELOC and the fifth possibility could be that there is no Talaq. Okay, that Allah is just not possible, like in Christianity, right till death do us apart. Now, out of these five possibilities, what is the best the first one that the man has the right to give that up? And that is what Allah subhanaw taala has legislated? Because think about it. If a woman had the right to give thought up, then this is a very heavy decision. All right, it comes with great responsibility. And with responsibility comes great risk. I mean, we can see how women across the world across different socio economic status, women

are abused. All right, they're put in danger because of what they have because of what they own. And imagine if a woman had the right to give her luck, then so many women would actually be in danger, because they would be forced to give the law or they're giving of the law could not be accepted or they would be assaulted, etc. So the woman has not been given this authority to give bollock if the lock only took place with the agreement of husband and wife, that would be so difficult because the woman would want to give the lock and the husband would say no, no, no, I don't agree. Or the husband would want to give the lock? And the woman would say no, no, I don't agree. So then how

would it happen? The fourth possibility that a third party other than the husband, right? That would also be complicated, and That's so unfair, because where's people's autonomy? I mean, an outsider, why should an outsider decide whether a man should remain married to his wife or not? An outsider, a third party does not know what is really happening between two people. Right? And the fifth possibility that there should be no Talaq, like in Christianity, then life would be living hell, it would be very, very difficult. So out of these five possibilities, the best is that the man has the right to give thought out and that is what Allah subhanaw taala has legislated so while Metallica to

yet or bust Nabil and fusina, Salah Takuro. Now as we learned earlier, animal talakad means the women who have been divorced, meaning those women whose husbands have pronounced the words of Taanach to them. So here Mata Laqad can refer to all divorced women, meaning this could be the first time that she has been given divorced by her husband, or the second time, the waiting period is how long it is off. Celeste has a Kuru it is of three menstrual cycles. But what about the woman who does not menstruate because she is pregnant or she's beyond the age of menopause so she no longer menstruate. So there are three exceptions now. Okay. So the first exception is the pregnant woman,

the pregnant woman, her rate the her waiting period is going to be until she gives birth. And the second exception is the woman who does not menstruate, whatever the reason is, it could be a health condition, it could be because of her age. So in that case, there is that the waiting period is going to be three lunar months. And how do we establish that where do we learn that from we learned that from sudo to Talaq, verse number four, where Allah subhanaw taala says, well, Allah iya is phenomenal Mahi lumen Nisa EComm. And those women who have despaired of menstruation meaning who no longer menstruate in your tub tomb, if you doubt meaning you're not sure as to how long the reader

is going to be for either to Hoonah Salah to assure so they're waiting period is going to be three months. And of course we know that shout over here refers to lunar months, wala Elam, your Hitler, and also those women who do not menstruate. They're waiting period is going to be three lunar months. And as for the pregnant women, the I mentioned is what we'll add to our family and those women who are pregnant at your Luna al Burnham Laguna, their waiting period is until they

deliver their pregnancy, meaning until they give birth. So basically, if a woman is pregnant, and she's given divorce by her husband, her daughter is going to be until she gives birth. So it's possible that she gives birth the next day. All right, and so her waiting period is now over. So her waiting period was literally one day. And if she gives birth after eight months, after seven months, after six months, then yes, her waiting period is going to be that long. So for a woman who is pregnant, her waiting period is going to be until she gives birth. Now there is a third exception. Okay. And this is the woman with whom marriage was not consumated. Okay. So for example, a man and

woman got married. And what happened just the Nicca took place. They're not living together yet. The marriage was not consummated. And because of some differences, the man decided that he was going to end the marriage so he gives the luck. So because the marriage was not consumated, the woman does not have to observe any other. Okay. And we learned this from Sue Huizar, verse number 49. Yeah, Are you her Lavina Amma? No Ivana Catherine will mock me Natty. So Mapa luck to Mohan naman cobbly Anthem Asuna vermelha como la hinda Minar is that in Tarta? Dona that Oh, you who have believed when you marry believing women, and then you give them divorce before you touch them? Before you touch

them, meaning before you consummate the marriage with them before any sexual relations were established, then there is no doubt that you have to count Okay, meaning such a woman does not have to observe any other. So what are the three exceptions the first is the pregnant woman and the pregnant woman. Her waiting period ends when she gives birth. Whether it was a miscarriage or a birth is still birth doesn't matter. When her pregnancy comes to an end, her waiting period comes to an end. And it doesn't matter how long or short that period is. The point is, she will be in waiting until she delivers. Secondly, the woman who does not menstruate whatever the reason is her it that

is three lunar months. Thirdly, the woman with whom marriage was not consummated. For her. There is no ADA at all. So while mocha la cartuja Tara busca be unfussy Hina, Salah SATA Kuru. Now, this shows that when a man gives the lock to his wife, he cannot get rid of her immediately. All right, there is actually going to be a waiting period that will follow and that waiting period is going to be the Latha Kuru and there is a Hadith incident to be dealt with in which we learn that a smart Binti as Eid All right she was divorced in the time of the Prophet salAllahu alayhi wasallam and when she was given Talaq at the time, no waiting period was prescribed for a divorced woman. Okay.

However, when she got divorced, then these verses were revealed obligating the waiting period. So she was the first woman All right, who observed the waiting period. Now remember that there are types of Talaq Okay. The first kind of follow up is follow a Sunni okay. And from the word we can understand that this is the Halacha which is according to the Sunnah, okay, which is according to the Sunnah, meaning in this process, whatever the Sunnah establishes whatever the Prophet sallallahu alayhi wa sallam has taught, all those rules are followed. And the second type of Philip is the luck I'll be very I'll be very bedarra is an innovation. Okay? Meaning it is contrary to Bala ko Sunni.

So what is the lack of Sunni first of all, you know, there's many conditions we learn the Quran, Allah subhanaw taala says, Yeah, are you a newbie you either to luck to Nyssa fatale Kahuna Lyrid. The Tina, this is the first I have sort of a follow up, that will profit when you divorce women, then give them divorce in a way at a time that their ID that can be counted as their ID that can be properly counted. So this means that first of all, the man should give the lock while the woman is not in a state of hype. Okay, so he should not give bollock while she is menstruating, this is the first condition of Nakasone he should not give follow up while she is menstruating while she is in

her head. Secondly, he should not give for lack while she is in postnatal bleeding while she is in the state of New PFASs. Okay, thirdly, he should give the lock he should pronounce the words of the lock while she is in a period of purity while she is input, which to her in which no sexual relations were established with her. Okay. So for example, a woman ended her period, okay, her menses, and now she's in a state of purity, and no sexual relations were established with her he can pronounce

Talaq in that time. However, when her period ended, and now she's in a state of thought and they established sexual relations, he is not allowed to pronounce the lock to her. If he wants to give the lock to her, what does he have to do? He has to wait for her period of purity to end for her menses to begin for her mentors to end and then he can pronounce the luck, okay. So, this is the third condition of Paluch a Sunni fourthly, the fourth condition is that he should not give Talaq in such a period of purity in his previous hailed he had given her Talaq okay meaning he should not give her the lock when she is already in Reader, okay when she is already observing her waiting

period, the fifth condition is that he should give only one block at a time meaning he should only pronounce it once. So, he should say the words of the lock ones he should not take out the lock the lock okay. So, these are the five conditions of Talaq asuni Now to local victory victory is what is contrary to these conditions. So, for example, if a man gives three divorces at once and care so, for example, he says the lock the lock the lock, this is the local battery or if he gives the lock to her when she is already in her waiting period, then this is the local battery or if he gives the lock to her while she's menstruating. This is the lock of victory if he gives the lock to her in a

period of purity in which he was intimate with her that would be an alkyl Bidri okay. Now to lock bid it does not mean that the lock is not valid no it is valid okay. But it is contrary to the sadness of the man is sinful. Okay, even though in giving Tala in it the lock will take place. However, it is very, it is contrary to the Sunnah. So he is being sinful. Okay. Now there is a question when does the lock take place? The lock is valid when a man intends to give divorce, okay, regardless of the words or the medium that he uses. So this is one thing that you need to understand. So for example, if a man sends a text message to his wife, I divorce you. Okay? Is that

the lock valid? Absolutely. It is. He says it in English or in French, or in Japanese or whatever language, it doesn't matter. He says, I divorce you. Or he says, Go away. Okay, go back home, whatever words he uses, okay? And whatever medium he uses to communicate those words when he has the intention to divorce, that divorce takes place. Okay? Secondly, the lock is also valid when a man gives his wife the choice to divorce and she chooses divorce. Okay, so for example, he says to his wife that I think I should give you Talaq, I think we should end this marriage. I think we should divorce. Okay. What do you think? Or he says to her, that I give you the choice if you want, we can

divorce? And she says, Yes, I choose divorce. Okay. She says, Yes, I choose divorce. So now, divorce occurs. Thirdly, it is also valid when a man gives someone else the authority to end the marriage, and that third party decides that yes, the lock should happen. Okay. So for example, a man and a woman have been going for counseling to an imam. And the man says, You know what, I have reached my limit. I don't know if I'm in the right state of mind, I give you the authority, okay. And so, that Imam says yes, the lock should happen. So, the lock happens or the man says to his father, I give you the power to decide and the father says that yes, the lock should happen. So now to lock has

happened. Okay. Fourthly, even if a man says the words of the lock in anger, the lock is valid, okay. If he says it while joking, the lock is valid. So for example, if he says, I divorced you, and then after a few minutes, he has no no I was joking, no block is valid, it has taken place it has occurred. Then finally, if a man sets the occurrence of something as a condition, and that condition occurs, that the lock is also valid, it's going to take place. So for example, if an ancestor his wife, if you step out of the house, you are divorced, and she steps out of the house, she walks out. So then this means she is divorced. Okay, so yes, pack your things on go. If he says that to her,

this has been luck. He did not use the Arabic word for luck. He did not use the English word divorce. He said, pack your things and go. That means that he intends to separate from her sofa lock has taken place. So the lock is valid in all of these cases. However, if a man is for example, drunk, okay, he's not fully conscious, okay? He doesn't know what he's saying what he's doing. And in that condition, he says

Words of divorce to his wife or he says to her pack up and leave, that is not a valid block. Okay? Likewise, if a man is forced on gunpoint, literally somebody is holding a gun to his head. Okay, and so he says the words of Talaq because otherwise he's going to be shot that Pollock is not valid. Because in Hadith we learn the summary of the hadith is that if people are compelled to do something or must agree, who are they all right? Or also when a person is not in their right state of mind, their intellect is covered. Then what they do what they say it doesn't count. Okay, meaning they're not responsible for it. So well, mocha la cartuja Tara bus Nabil, unfussy Hina Fela theta Kuru. Now

the waiting period, okay, get a bus no be unfussy Hina. This means that the women have to observe the waiting period, right? Remember, it means to count the number of something and the waiting period following the divorce is called the ADA because the number of menstrual periods and days have to be counted. Okay? Now yet robust, sloppy and fusina. Remember that Paluch means to release right to set something free. When something is set free, it can move on. Now the man gives the lock. And what that means is that now a woman is free to move on, meaning she is free to marry someone else. But she cannot do this the day after her husband gives her Talaq No, she has to observe a waiting

period of the length of the Kuru. And in that waiting period, the man the husband has the right to take back his wife. Okay. And this waiting period has to be counted very carefully. In Surah Talaaq the first ayah Allah subhanaw taala says Yeah, are you a newbie you either to lacto Nisa, fatale Kahuna, Leah, do you know what our solar is? That when you Muslims, divorce women divorce them for the commencement of their waiting period, meaning give them divorce at a time when they can begin there is though when they can properly count their ID though, and what are solely the count the waiting period, keep count of it. What the cola bacame And fear Allah here Lord, lead to credo who

nimbu ut Henault wala Krajina do not expel them from their homes, and they should also not leave. So what does this mean? This means that first of all, the moment a man pronounces the words of the lock, there it comes into effect. Okay. So for example, at 3pm on a Sunday, a man says to his wife, I give you a divorce. Now she is going to observe her ID. Okay? Her ID that comes into effect. Secondly, what this means is that during the waiting period, during the salata Kuru, she cannot marry someone else. Okay, she has to wait until the end of her waiting period before she marries someone else. Thirdly, during the waiting period, she is going to remain in the house of her

husband. Okay, the Aloma set a condition and that condition is that it must be safe for her to live there. Okay, so for example, if he's physically abusive, alright, it's not safe for her to live there. Then she should not spend her in the in the house of her husband, then she will spend her in the elsewhere. Okay, if it is safe for her, she has to remain in the house of her husband. And this is because Allah subhanaw taala says Lautoka Johanna min booty no Elia Krajina do not expel them from their homes, it is their house, all right, well, I Yehudah and they should also not leave then another thing is that the man has to continue to provide NEFA call for her during the waiting

period. So, the solicita Kuru, the three menstrual cycles or until the end of pregnancy or three lunar months, whatever her case is, she is now observing the waiting period during this time the man has to continue to provide for her okay. So for example, food, clothing, rent etc builds he has to take care of them, because during this time, she has all the rights of being a wife and he also has all the rights of being a husband. And this means that if she dies during this time, during her waiting period, he will inherit from her and if he dies during the waiting period, she will inherit from him okay. And if during this waiting period, they are intimate than the divorce will be

reversed if they have sexual relations then divorce is going to be cancelled, meaning now the two will be together. Now there is a question why is there a

a waiting period. What's the wisdom? What's the reasoning behind this? The The reasoning is to reveal pregnancy. Okay? Why? So that the paternity of the child is known? Okay? It is known whose child that is? Because if, for example, a week after her husband gives her divorce, she goes and marry someone else. All right. And then two weeks later, she finds out she's pregnant, well, whose child is she carrying? Okay. So there would be a lot of difficulty then. And a lot of problems if the paternity of the child is not known. So there is a waiting period of the data to pursue so that the paternity of the child is known. But isn't that, you know, obvious with one cup, right? Meaning,

if she has a first menstrual period, it's obvious she's not pregnant. So why is it three menstrual cycles? Or why until the end of the pregnancy? Because this is to ensure that the decision that the husband has made is a conscious decision? It's a deliberate decision is not hasty. Rather, it is well thought out. Okay. Because sometimes when a person is angry, okay. Or, you know, there have been too many arguments, too many fights, too many problems. A man thinks it's best to divorce, he gives her divorce. And then now there is a waiting period off the ladder, the Kuru, there is no intimacy, she gets her first period, you know, he feels that okay, I made the right decision, I am

not going to keep her, okay. But by the time she begins her second period, okay, which is now two months, his heart has softened towards her. When circumstances have changed. You know, he feels that perhaps it was not a good decision, he misses her. And then he begins to remember all the good things about her, he begins to appreciate her, so then he decides to take her back. Okay, so there's a waiting period to ensure that the decision to divorce is a deliberate conscious decision and not a hasty one. Now, the latter Kuru, we discussed this in great detail in the previous class, group means either three hate or three. But what I mean and hate, right three men says or periods of

purity from the menses. And the difference between these two opinions is basically the number of days that a woman menstruating for so seven days plus or minus, because if we understand this as the length of the Kuru, as in three periods, meaning menses, then with the ending of the third menses there it is complete. And if we take this as the hook, then with the beginning of the third hailed, the reader is complete. Now, remember, I mentioned to you that during this waiting period, the woman stays in the house of her husband, she has all the rights of being his wife, and he has all the rights of being her husband, meaning they're still husband and wife during a day. So of course, they

can talk to her, they can even sleep in the same bed, of course, you will not wear the hijab in front of him, okay, he has to spend on her, Okay, this is how the waiting period is supposed to be. The only thing is, if he is sexually intimate with her, then he has done Rudra meaning that she is no longer in her waiting period, the divorce has been cancelled. All right. Now one more thing I want you to understand is that the length of the Quran means the length of crew so if a woman menstruate, okay, then it doesn't matter how long or short of a time it is, for her to have three menstrual cycles. It has to be three menstrual cycles. So for example, some women, they menstruate

very frequently. So for example, in two months, it's possible that a woman menstruating three times then yes, her waiting period will come to an end within two months, okay? Because she has had three menses All right. On the other hand, some women, what happens to them is that they have their period and now for two, three months, nothing, okay. Or if a woman is breastfeeding, again, her period is delayed. Okay. So by the time she has her third period, her third menses, it has been, for example, 12 months since her husband gave her divorce. So now her daughter is 12 months, yes, it's going to be 12 months, because she's a woman who went through it. So it doesn't matter how long it takes,

okay for her three menstrual cycles to be complete. The point is that she has to go through three complete menstrual cycles for her in that to be complete. Now, the moment that a man is sexually intimate with his wife, the

waiting period is not going to be counted anymore because the woman is no longer in her ADA the man has done roju the divorce has been cancelled all right