Surah Baqarah ayat 229 Tafsir Quran 2:229

﴿الطَّلَاقُ مَرَّتَانِ ۖ فَإِمْسَاكٌ بِمَعْرُوفٍ أَوْ تَسْرِيحٌ بِإِحْسَانٍ ۗ وَلَا يَحِلُّ لَكُمْ أَن تَأْخُذُوا مِمَّا آتَيْتُمُوهُنَّ شَيْئًا إِلَّا أَن يَخَافَا أَلَّا يُقِيمَا حُدُودَ اللَّهِ ۖ فَإِنْ خِفْتُمْ أَلَّا يُقِيمَا حُدُودَ اللَّهِ فَلَا جُنَاحَ عَلَيْهِمَا فِيمَا افْتَدَتْ بِهِ ۗ تِلْكَ حُدُودُ اللَّهِ فَلَا تَعْتَدُوهَا ۚ وَمَن يَتَعَدَّ حُدُودَ اللَّهِ فَأُولَٰئِكَ هُمُ الظَّالِمُونَ﴾
[ البقرة: 229]

2:229 Divorce is twice. Then, either keep [her] in an acceptable manner or release [her] with good treatment. And it is not lawful for you to take anything of what you have given them unless both fear that they will not be able to keep [within] the limits of Allah. But if you fear that they will not keep [within] the limits of Allah, then there is no blame upon either of them concerning that by which she ransoms herself. These are the limits of Allah, so do not transgress them. And whoever transgresses the limits of Allah - it is those who are the wrongdoers.

Divorce that is repudiation of the type that may be revoked is twice; then honourable retention that is to say you are then obliged to revert to them to retain them without harming them; or setting them free kindly. It is not lawful for you O male spouses to take of what you have given them of dowry if you divorce them unless the married couple fear that they may not maintain God’s bounds that is to say that they will not honour the rights God has established for them a variant reading for yakhāfā ‘they dual form fear’ has yukhāfā with the direct object taking the accusative ending; allā yuqīmā is an inclusive substitution for the person governing the verb; both verbs are also read in the second person sc. takhāfā ‘you fear’ tuqīmā ‘you maintain’. If you fear they may not maintain God’s bounds neither of them would be at fault if she were to ransom herself of some money so that he should divorce her. In other words in this instance there is no culpability either for the man should he take of the dowry or for the woman should she offer of it. Those prescriptions mentioned are God’s bounds; do not transgress them. Whoever transgresses God’s bounds — those are the evildoers.

Divorce is permissible only twice, if each time both parties think they can reconcile with their hearts and with Allah. There and then they shall have to hold together in equity or else part in kindness. But if you decide on divorce, then you are forbidden to reclaim what you gave them of dower or gifts unless you fear obstinacy against Allah’s ordinances, then you are absolved if she wishes to buy her freedom. These are the limitations imposed by Allah, and those who transgress them are wrongful

Divorce is Thrice This honorable Ayah abrogated the previous practice in the beginning of Islam, when the man had the right to take back his divorced wife even if he had divorced her a hundred times, as long as she was still in her `Iddah ( waiting period ).
This situation was harmful for the wife, and this is why Allah made the divorce thrice, where the husband is allowed to take back his wife after the first and the second divorce ( as long as she is still in her `Iddah ).
The divorce becomes irrevocable after the third divorce, as Allah said: الطَّلَـقُ مَرَّتَانِ فَإِمْسَاكٌ بِمَعْرُوفٍ أَوْ تَسْرِيحٌ بِإِحْسَـنٍ ( The divorce is twice, after that, either you retain her on reasonable terms or release her with kindness. ) In his Sunan, Abu Dawud reported in Chapter: "Taking the Wife back after the third ( Divorce ) is an abrogated practice," that Ibn `Abbas commented on the Ayah: وَالْمُطَلَّقَـتُ يَتَرَبَّصْنَ بِأَنْفُسِهِنَّ ثَلَـثَةَ قُرُوءٍ وَلاَ يَحِلُّ لَهُنَّ أَن يَكْتُمْنَ مَا خَلَقَ اللَّهُ فِى أَرْحَامِهِنَّ ( And divorced women shall wait (as regards their marriage ) for three menstrual periods, and it is not lawful for them to conceal what Allah has created in their wombs,) ( 2:228 ) The man used to have the right to take back his wife even if he had divorced her thrice.
Allah abrogated this and said: الطَّلَـقُ مَرَّتَانِ ( The divorce is twice. ) This Hadith was also collected by An-Nasa'i.
Ibn Abu Hatim reported that `Urwah said that a man said to his wife, "I will neither divorce you nor take you back." She said, "How" He said, "I will divorce you and when your term of `Iddah nears its end, I will take you back." She went to Allah's Messenger ﷺ and told him what happened, and Allah revealed: الطَّلَـقُ مَرَّتَانِ ( The divorce is twice. ) Ibn Jarir ( At-Tabari ) also reported this Hadith in his Tafsir. Allah said: فَإِمْسَاكٌ بِمَعْرُوفٍ أَوْ تَسْرِيحٌ بِإِحْسَـنٍ ( ...after that, either you retain her on reasonable terms or release her with kindness. ) meaning, `If you divorce her once or twice, you have the choice to take her back, as long as she is still in her `Iddah, intending to be kind to her and to mend differences.
Otherwise, await the end of her term of `Iddah, when the divorce becomes final, and let her go her own way in peace, without committing any harm or injustice against her.' `Ali bin Abu Talhah reported that Ibn `Abbas said, "When the man divorces his wife twice, let him fear Allah, regarding the third time.
He should either keep her with him and treat her with kindness, or let her go her own way with kindness, without infringing upon any of her rights." Taking back the Mahr ( Dowry ) Allah said: وَلاَ يَحِلُّ لَكُمْ أَن تَأْخُذُواْ مِمَّآ ءَاتَيْتُمُوهُنَّ شَيْئًا ( And it is not lawful for you (men ) to take back ( from your wives ) any of ( the dowry ) what you gave them,) meaning, you are not allowed to bother or pressure your wives to end this situation by giving you back the Mahr and any gifts that you have given them ( in return for divorce ).
Similarly, Allah said: وَلاَ تَعْضُلُوهُنَّ لِتَذْهَبُواْ بِبَعْضِ مَآ ءَاتَيْتُمُوهُنَّ إِلاَّ أَن يَأْتِينَ بِفَاحِشَةٍ مُّبَيِّنَةٍ ( ...and you should not treat them with harshness, that you may take away part of what you have given them, unless they commit open illegal sexual intercourse. ) ( 4:19 ) However, if the wife willingly gives back anything with a good heart, then Allah said regarding this situation: فَإِن طِبْنَ لَكُمْ عَن شَىْءٍ مِّنْهُ نَفْساً فَكُلُوهُ هَنِيئاً مَّرِيئاً ( ...but if they, of their own good pleasure, remit any part of it to you, take it, and enjoy it without fear of any harm. ) ( 4:4 ) Allowing Khul` and the Return of the Mahr in that Case When the spouses have irreconcilable differences wherein the wife ignores the rights of the husband, dislikes him and becomes unable to live with him any longer, she is allowed to free herself ( from married life ) by giving him back what he had given her ( in gifts and Mahr ).
There is no sin on her in this case nor on him if he accepts such offer.
This is why Allah said: وَلاَ يَحِلُّ لَكُمْ أَن تَأْخُذُواْ مِمَّآ ءَاتَيْتُمُوهُنَّ شَيْئًا إِلاَّ أَن يَخَافَآ أَلاَّ يُقِيمَا حُدُودَ اللَّهِ فَإِنْ خِفْتُمْ أَلاَّ يُقِيمَا حُدُودَ اللَّهِ فَلاَ جُنَاحَ عَلَيْهِمَا فِيمَا افْتَدَتْ بِهِ ( And it is not lawful for you (men ) to take back ( from your wives ) any of what you gave them, except when both parties fear that they would be unable to keep the limits ordained by Allah ( e.g., to deal with each other on a fair basis ).
Then if you fear that they would not be able to keep the limits ordained by Allah, then there is no sin on either of them if she gives back.) Sometimes, the woman has no valid reason and she still asks for her marriage to be ended.
In this case, Ibn Jarir reported that Thawban said that Allah's Messenger ﷺ said:
«أَيُّمَا امْرَأَةٍ سَأَلَتْ زَوْجَهَا طَلَاقًا فِي غَيْرِ مَا بَأْسٍ، فَحَرَامٌ عَلَيْهَا رَائِحَةُ الْجَنَّـة»
( Any woman who asks her husband for divorce without justification, then the scent of Paradise will be forbidden for her. ) At-Tirmidhi recorded this Hadith and stated that it is Hasan. Ibn Jarir said that the Ayah ( 2:229 ) was revealed about Thabit bin Qays bin Shammas and his wife Habibah bint `Abdullah bin Ubayy bin Salul.
In his Muwatta', Imam Malik reported that Habibah bint Sahl Al-Ansariyah was married to Thabit bin Qays bin Shammas and that Allah's Messenger ﷺ once went to the Fajr ( Dawn ) prayer and found Habibah bint Sahl by his door in the dark.
Allah's Messenger ﷺ said, "Who is this" She said, "I am Habibah bint Sahl, O Messenger of Allah ﷺ!" He said, "What is the matter" She said, "I and Thabit bin Qays", meaning, ( she can no longer be with ) her husband.
When her husband Thabit bin Qays came, Allah's Messenger ﷺ said to him:
«هذِهِ حَبِيبَةُ بِنْتُ سَهْلٍ قَدْ ذَكَرَتْ مَا شَاءَ اللهُ أَنْ تَذْكُر»
( This is Habibah bint Sahl, she said what Allah has permitted her to say. ) Habibah also said, "O Messenger of Allah ﷺ! I still have everything he gave me." Allah's Messenger ﷺ said:
«خُذْ مِنْهَا»
( Take it from her. ) So, he took it from her and she remained in her family's house." This was reported by Ahmad, Abu Dawud and An-Nasai. Al-Bukhari reported that Ibn `Abbas said that the wife of Thabit bin Qays bin Shammas came to the Prophet and said, "O Messenger of Allah ﷺ! I do not criticize his religion or mannerism.
But I hate committing Kufr in Islam ( by ignoring his rights on her )." Allah's Messenger ﷺ said:
«أَتَرُدِّينَ عَلَيهِ حَدِيقَتَه»
؟ ( Will you give him back his garden ) She said, "Yes." Allah's Messenger ﷺ said:
«اقْبَلِ الْحَدِيقَةَ وَطَلِّقْهَا تَطْلِيقَة»
( Take back the garden and divorce her once.
) An-Nasa'i also recorded it. The `Iddah ( Waiting Period ) for the Khul" At-Tirmidhi reported that Rubayi` bint Mu`awwidh bin `Afra' got a Khul` during the time of Allah's Messenger ﷺ and the Prophet ordered her to wait for one menstruation period for `Iddah. Transgressing the set limits of Allah is an Injustice Allah said: تِلْكَ حُدُودُ اللَّهِ فَلاَ تَعْتَدُوهَا وَمَن يَتَعَدَّ حُدُودَ اللَّهِ فَأُوْلَـئِكَ هُمُ الظَّـلِمُونَ ( These are the limits ordained by Allah, so do not transgress them.
And whoever transgresses the limits ordained by Allah, then such are the wrongdoers. ) This means that the laws that Allah has legislated are His set limits, so do not transgress them.
An authentic Hadith states:
«إِنَّ اللهَ حَدَّ حُدُودًا فَلَا تَعْتَدُوهَا، وفَرَضَ فَرَائِضَ فَلَا تُضَيِّعُوهَا، وحَرَّمَ مَحَارِمَ فَلَا تَنْتَهِكُوهَا، وَسَكَتَ عَنْ أَشْيَاءَ رَحْمَةً لَكُمْ مِنْ غَيْرِ نِسْيَانٍ فَلَا تَسْأَلُوا عَنْهَا»
( Allah has set some limits, so do not transgress them; and commanded some commands, so do not ignore them; and made some things unlawful, so do not commit them.
He has also left some matters (without rulings ) as a mercy with you, not because He has forgotten them, so do not ask about them.) Pronouncing Three Divorces at the same Time is Unlawful The last Ayah we mentioned was used as evidence to prove that it is not allowed to pronounce three divorces at one time.
What further proves this ruling is that Mahmud bin Labid has stated - as An-Nasa'i recorded - that Allah's Messenger ﷺ was told about a man who pronounced three divorces on his wife at one time, so the Prophet stood up while angry and said:
«أَيُلْعَبُ بِكِتَابِ اللهِ وَأَنَا بَيْنَ أَظْهُرِكُم»
؟ ( The Book of Allah is being made the subject of jest while I am still amongst you ) A man then stood up and said, "Should I kill that man, O Messenger of Allah ﷺ" The Wife cannot be taken back after the Third Divorce Allah said: فَإِن طَلَّقَهَا فَلاَ تَحِلُّ لَهُ مِن بَعْدُ حَتَّى تَنْكِحَ زَوْجًا غَيْرَهُ ( And if he has divorced her (the third time ), then she is not lawful for him thereafter until she has married another husband.) This Ayah indicates that if the man divorces his wife for the third time after he divorced her twice, then she will no longer be allowed for marriage to him.
Allah said: حَتَّى تَنْكِحَ زَوْجًا غَيْرَهُ ( ...until she has married another husband. ) meaning, until she legally marries another man.
For instance, if she has sexual intercourse with any man, even her master ( if she was a servant ), she would still be ineligible for marriage for her ex-husband ( who divorced her thrice ), because whomever she had sexual relations with was not her legal husband.
If she marries a man without consummating the marriage, she will not be eligible for her ex-husband.
Muslim reported that `A'ishah said that Allah's Messenger ﷺ was asked about a woman who marries a man who thereafter divorces her ( thrice ).
She then marries another man and he divorces her before he has sexual relations with her, would she be allowed for her first husband Allah's Messenger ﷺ said:
«لَا، حَتَّى يَذُوقَ عُسَيْلَتَهَا»
( No, until he enjoys her `Usaylah (sexual relation ).) Al-Bukhari also reported this Hadith. Imam Ahmad recorded that `A'ishah said, "The wife of Rifa`ah Al-Qurazi came while I and Abu Bakr were with the Prophet and she said, `I was Rifa`ah's wife, but he divorced me and it was an irrevocable divorce.
Then I married `Abdur-Rahman bin Az-Zubayr, but his sexual organ is minute like a string.' She then took a small string of her garment ( to resemble how small his sexual organ was ).
Khalid bin Sa`id bin Al-`As, who was next to the door and was not yet allowed in, said, `O Abu Bakr! Why do you not forbid this ( woman ) from what she is revealing frankly before the Prophet' The Prophet merely smiled.
Then, Allah's Messenger ﷺ asked her: c
«كَأَنَّكِ تُرِيدِينَ أَنْ تَرْجِعِي إِلى رِفَاعَةَ، لَا، حَتَّى تَذُوقِي عُسَيْلَتَهُ، وَيَذُوقَ عُسَيْلَتَك»
( Do you want to remarry Rifa`ah You cannot unless you experience his `Usaylah and he experiences your `Usaylah (i.e., had a complete sexual relation with your present husband ).)" Al-Bukhari, Muslim, and An-Nasa'i also recorded this Hadith.
Muslim's wording is "Rifa`ah divorced his wife for the third and final time." The word `Usaylah mentioned in the Hadith means sexual intercourse.
Imam Ahmad and An-Nasa'i reported that `A'ishah said that Allah's Messenger ﷺ said:
«أَلَا إِنَّ الْعُسَيْلَةَ الْجِمَاع»
( `Usaylah is sexual intercourse. ) The Curse on the Participants of Tahlil/Halalah The reason for the woman ( who was divorced thrice ) to marry another man must be that the man desires her and has the intention of having an extended married life with her.
These are the legal goals and aims behind marriage.
If the reason behind the second marriage was to make the woman eligible for her ex-husband again, then this is the Tahlil that the Hadiths have cursed and criticized.
In addition, when the reason behind this marriage ( if it was Tahlil ) is announced in the contract, it would make the contract invalid according to the majority of the scholars. Imam Ahmad reported that `Abdullah bin Mas`ud said, "Allah's Messenger ﷺ cursed the one who does Tahlil, the one in whose favor it is done, those who eat Riba ( usury ) and those who feed it ( pay the usury )." At-Tirmidhi and An-Nasa'i reported this Hadith and At-Tirmidhi said, "This Hadith is Hasan." He said, "This is what is acted upon according to people of knowledge among the Companions, among whom are `Umar, `Uthman and Ibn `Umar.
It was also the saying of the scholars of Fiqh among the Tabi`in ( second generation of Islam ).
And it has been reported from `Ali, Ibn Mas`ud and Ibn `Abbas". In his Mustadrak, Al-Hakim reported that Nafi` said: "A man came to Ibn `Umar and asked him about a man who divorced his wife three times.
Then, his brother married her to make Tahlil for his brother, without the brother knowing this fact.
He then asked, "Is she allowed for the first ( husband )" He said, "No, unless it is a marriage that involves desire.
We used to consider this an act of adultery during the time of Allah's Messenger ﷺ." Al-Hakim said, "This Hadith has a Sahih chain although they ( Al-Bukhari and Muslim ) did not record it."The wording of this Hadith indicates that the ruling came from the Prophet .
Abu Bakr bin Abu Shaybah, Al-Jawzjani, Harb Al-Kirmani and Abu Bakr Al-Athram said that Qabisah bin Jabir said that `Umar said, "If the participants to Tahlil are brought to me, I will have them stoned." When does a Woman who was divorced Three Times become Eligible for Her First Husband Allah said: فَإِن طَلَّقَهَا ( And if he has divorced her ) meaning, the second husband after he had complete sexual relations with her, فَلاَ جُنَاحَ عَلَيْهِمَآ أَن يَتَرَاجَعَآ ( it is no sin on both of them that they reunite ) meaning, the wife and her first husband, إِن ظَنَّآ أَن يُقِيمَا حُدُودَ اللَّهِ ( provided they feel that they can keep the limits ordained by Allah. ) meaning, they live together honorably.
Mujahid said, "If they are convinced that the aim behind their marriage is honorable." Next, Allah said: وَتِلْكَ حُدُودُ اللَّهِ ( These are the limits of Allah, ) His commandments and legislation, يُبَيِّنُهَا ( He makes plain ) لِقَوْمٍ يَعْلَمُونَ ( for the people who have knowledge. )

(2:229) Divorce may be pronounced twice; then either the wife be kept honourably or parted with gracefully. *250 And it is not lawful for you to take back anything out of what you have given them. *251 There is, however, an exception to this; if you fear that they might not be able to keep within the limits imposed by Allah, there is no harm if both agree mutually that the wife should obtain divorce by giving something as compensation to the husband. *252 These are the bounds set by Allah; therefore do not violate them, for those who violate the bounds of AIIah are the tansgressors.

Divorce is twice. Then, either keep [her] meaning

*250).
This little verse aims at the reform of a serious evil that was rampant in the social life in pre-Islamic Arabia.
According to the customary law of Arabia, a person was entitled to pronounce any number of divorces upon his wife.
As a result divorce was resorted to at the least provocation and annoyance.
In addition, the husband often exercised his right to revoke the divorce he had pronounced with the result that the poor wife could neither live with him in happiness nor free herself to contract a fresh marriage with someone else.
Here the Qur'an seeks to shut the door on this injustice.
According to this verse, a man may pronounce revocable divorce upon his wife not more than twice.
Should he pronounce divorce for the third time after revoking it twice, the wife will be permanently alienated from him.

The appropriate procedure for divorce, according to the Qur'an and Hadith, is that a person should pronounce one divorce outside the time of the wife's menstrual period.
After the first divorce he may pronounce a second in the next clear period if he wants to, though it is preferable that he should confine himself to pronouncing the first.
In this case the husband retains the right to revoke the divorce at any time before the lapse of the period of waiting ( 'iddah ) even if the period of waiting has lapsed, the couple have the right to recontract the marriage by mutual consent.
If the husband, however, pronounces divorce in his wife's third clear period he has no right to revoke the divorce, and the spouses are not entitled to recontract the marriage.
The pronouncing of triple divorce in one session is a highly sinful act acc~rding to the Law, and the Prophet has strongly denounced it.
( See Nasii, 'Talaq', 6 - Ed. ) It has even been established that 'Umar used to flog those who pronounced triple divorce in one session.
Although this procedure of divorce is considered sinful, the founders of the four legal schools consider it to have legal effect, with the result that such divorce, in their view, becomes absolutely irrevocable.

*251).
This refers to the mahr ( bridal gift ) and the jewellery, clothes and so on which the husband offers as a gift to his wife, and to which he has no right of reclaim.
It is, indeed, normally inconsistent with Islamic ethics that a person should reclaim anything he has made over to another by way of donation or gift.
In the Hadith this disgraceful act is likened to a dog licking its own vomit.
( See Bukhari, 'Hibah', 30; Nasiii, 'Hibah', 3, etc.
- Ed. )
In the case of a husband, in particular, it is a matter of the utmost disgrace that, at the time of saying farewell to his divorced wife he should try to dispossess her of what he had once given her out of his own goodwill.
On the contrary, the morals that Islam seeks to cultivate require that at the time of parting the husband ought to present her with a farewell gift.
( See verse 241 below. )
*252).
In the terminology of Islamic Law this is known as khul', i.e.
a woman's securing the annulment of her marriage through the payment of some compensation to her husband.
Whatever settlement is made between a husband and wife should come into effect.
If the matter is referred to the court, however, it will investigate only whether the wife has really become too disgusted with the husband to put up with him.
( For the Traditions on the basis of which the author concludes this see the commentaries on this verse in Ibn Kathir and Qurtubi, see especially the latter, vol.
2, pp.
946-8 - Ed. ) Once this is determined the court is entitled to fix the amount of payment incumbent on the wife as compensation for the repudiation of her marriage, and the husband will be bound to accept that amount and divorce his wife.
In general, the jurists believe that the payment, thus fixed, should not be higher than the original mahr paid by the husband.

The divorce that comes into effect is irrevocable and brings separation into effect immediately.
Since the woman has paid compensation, she has in effect purchased the right of repudiation and the husband, therefore, has ceased to have the right to revoke the divorce.
If, however, the spouses agree to recontract marriage, they may do so.

According to the majority of jurists the period of waiting under khul' is the same as under divorce.
However, there are several Traditions in Abu Da'ud, Tirmidhi, Ibn Majah, etc., which show that the Prophet fixed the period of waiting at one menstrual period, and that 'Uthman applied this in a case which he decided.
( See Ibn Kathir's commentary on the verse. )
 

Divorce is Thrice This honorable Ayah abrogated the previous practice in the beginning of Islam, when the man had the right to take back his divorced wife even if he had divorced her a hundred times, as long as she was still in her `Iddah ( waiting period ).
This situation was harmful for the wife, and this is why Allah made the divorce thrice, where the husband is allowed to take back his wife after the first and the second divorce ( as long as she is still in her `Iddah ).
The divorce becomes irrevocable after the third divorce, as Allah said: الطَّلَـقُ مَرَّتَانِ فَإِمْسَاكٌ بِمَعْرُوفٍ أَوْ تَسْرِيحٌ بِإِحْسَـنٍ ( The divorce is twice, after that, either you retain her on reasonable terms or release her with kindness. ) In his Sunan, Abu Dawud reported in Chapter: "Taking the Wife back after the third ( Divorce ) is an abrogated practice," that Ibn `Abbas commented on the Ayah: وَالْمُطَلَّقَـتُ يَتَرَبَّصْنَ بِأَنْفُسِهِنَّ ثَلَـثَةَ قُرُوءٍ وَلاَ يَحِلُّ لَهُنَّ أَن يَكْتُمْنَ مَا خَلَقَ اللَّهُ فِى أَرْحَامِهِنَّ ( And divorced women shall wait (as regards their marriage ) for three menstrual periods, and it is not lawful for them to conceal what Allah has created in their wombs,) ( 2:228 ) The man used to have the right to take back his wife even if he had divorced her thrice.
Allah abrogated this and said: الطَّلَـقُ مَرَّتَانِ ( The divorce is twice. ) This Hadith was also collected by An-Nasa'i.
Ibn Abu Hatim reported that `Urwah said that a man said to his wife, "I will neither divorce you nor take you back." She said, "How" He said, "I will divorce you and when your term of `Iddah nears its end, I will take you back." She went to Allah's Messenger ﷺ and told him what happened, and Allah revealed: الطَّلَـقُ مَرَّتَانِ ( The divorce is twice. ) Ibn Jarir ( At-Tabari ) also reported this Hadith in his Tafsir. Allah said: فَإِمْسَاكٌ بِمَعْرُوفٍ أَوْ تَسْرِيحٌ بِإِحْسَـنٍ ( ...after that, either you retain her on reasonable terms or release her with kindness. ) meaning, `If you divorce her once or twice, you have the choice to take her back, as long as she is still in her `Iddah, intending to be kind to her and to mend differences.
Otherwise, await the end of her term of `Iddah, when the divorce becomes final, and let her go her own way in peace, without committing any harm or injustice against her.' `Ali bin Abu Talhah reported that Ibn `Abbas said, "When the man divorces his wife twice, let him fear Allah, regarding the third time.
He should either keep her with him and treat her with kindness, or let her go her own way with kindness, without infringing upon any of her rights." Taking back the Mahr ( Dowry ) Allah said: وَلاَ يَحِلُّ لَكُمْ أَن تَأْخُذُواْ مِمَّآ ءَاتَيْتُمُوهُنَّ شَيْئًا ( And it is not lawful for you (men ) to take back ( from your wives ) any of ( the dowry ) what you gave them,) meaning, you are not allowed to bother or pressure your wives to end this situation by giving you back the Mahr and any gifts that you have given them ( in return for divorce ).
Similarly, Allah said: وَلاَ تَعْضُلُوهُنَّ لِتَذْهَبُواْ بِبَعْضِ مَآ ءَاتَيْتُمُوهُنَّ إِلاَّ أَن يَأْتِينَ بِفَاحِشَةٍ مُّبَيِّنَةٍ ( ...and you should not treat them with harshness, that you may take away part of what you have given them, unless they commit open illegal sexual intercourse. ) ( 4:19 ) However, if the wife willingly gives back anything with a good heart, then Allah said regarding this situation: فَإِن طِبْنَ لَكُمْ عَن شَىْءٍ مِّنْهُ نَفْساً فَكُلُوهُ هَنِيئاً مَّرِيئاً ( ...but if they, of their own good pleasure, remit any part of it to you, take it, and enjoy it without fear of any harm. ) ( 4:4 ) Allowing Khul` and the Return of the Mahr in that Case When the spouses have irreconcilable differences wherein the wife ignores the rights of the husband, dislikes him and becomes unable to live with him any longer, she is allowed to free herself ( from married life ) by giving him back what he had given her ( in gifts and Mahr ).
There is no sin on her in this case nor on him if he accepts such offer.
This is why Allah said: وَلاَ يَحِلُّ لَكُمْ أَن تَأْخُذُواْ مِمَّآ ءَاتَيْتُمُوهُنَّ شَيْئًا إِلاَّ أَن يَخَافَآ أَلاَّ يُقِيمَا حُدُودَ اللَّهِ فَإِنْ خِفْتُمْ أَلاَّ يُقِيمَا حُدُودَ اللَّهِ فَلاَ جُنَاحَ عَلَيْهِمَا فِيمَا افْتَدَتْ بِهِ ( And it is not lawful for you (men ) to take back ( from your wives ) any of what you gave them, except when both parties fear that they would be unable to keep the limits ordained by Allah ( e.g., to deal with each other on a fair basis ).
Then if you fear that they would not be able to keep the limits ordained by Allah, then there is no sin on either of them if she gives back.) Sometimes, the woman has no valid reason and she still asks for her marriage to be ended.
In this case, Ibn Jarir reported that Thawban said that Allah's Messenger ﷺ said: «أَيُّمَا امْرَأَةٍ سَأَلَتْ زَوْجَهَا طَلَاقًا فِي غَيْرِ مَا بَأْسٍ، فَحَرَامٌ عَلَيْهَا رَائِحَةُ الْجَنَّـة» ( Any woman who asks her husband for divorce without justification, then the scent of Paradise will be forbidden for her. ) At-Tirmidhi recorded this Hadith and stated that it is Hasan. Ibn Jarir said that the Ayah ( 2:229 ) was revealed about Thabit bin Qays bin Shammas and his wife Habibah bint `Abdullah bin Ubayy bin Salul.
In his Muwatta', Imam Malik reported that Habibah bint Sahl Al-Ansariyah was married to Thabit bin Qays bin Shammas and that Allah's Messenger ﷺ once went to the Fajr ( Dawn ) prayer and found Habibah bint Sahl by his door in the dark.
Allah's Messenger ﷺ said, "Who is this" She said, "I am Habibah bint Sahl, O Messenger of Allah ﷺ!" He said, "What is the matter" She said, "I and Thabit bin Qays", meaning, ( she can no longer be with ) her husband.
When her husband Thabit bin Qays came, Allah's Messenger ﷺ said to him: «هذِهِ حَبِيبَةُ بِنْتُ سَهْلٍ قَدْ ذَكَرَتْ مَا شَاءَ اللهُ أَنْ تَذْكُر» ( This is Habibah bint Sahl, she said what Allah has permitted her to say. ) Habibah also said, "O Messenger of Allah ﷺ! I still have everything he gave me." Allah's Messenger ﷺ said: «خُذْ مِنْهَا» ( Take it from her. ) So, he took it from her and she remained in her family's house." This was reported by Ahmad, Abu Dawud and An-Nasai. Al-Bukhari reported that Ibn `Abbas said that the wife of Thabit bin Qays bin Shammas came to the Prophet and said, "O Messenger of Allah ﷺ! I do not criticize his religion or mannerism.
But I hate committing Kufr in Islam ( by ignoring his rights on her )." Allah's Messenger ﷺ said: «أَتَرُدِّينَ عَلَيهِ حَدِيقَتَه» ؟ ( Will you give him back his garden ) She said, "Yes." Allah's Messenger ﷺ said: «اقْبَلِ الْحَدِيقَةَ وَطَلِّقْهَا تَطْلِيقَة» ( Take back the garden and divorce her once.
) An-Nasa'i also recorded it. The `Iddah ( Waiting Period ) for the Khul" At-Tirmidhi reported that Rubayi` bint Mu`awwidh bin `Afra' got a Khul` during the time of Allah's Messenger ﷺ and the Prophet ordered her to wait for one menstruation period for `Iddah. Transgressing the set limits of Allah is an Injustice Allah said: تِلْكَ حُدُودُ اللَّهِ فَلاَ تَعْتَدُوهَا وَمَن يَتَعَدَّ حُدُودَ اللَّهِ فَأُوْلَـئِكَ هُمُ الظَّـلِمُونَ ( These are the limits ordained by Allah, so do not transgress them.
And whoever transgresses the limits ordained by Allah, then such are the wrongdoers. ) This means that the laws that Allah has legislated are His set limits, so do not transgress them.
An authentic Hadith states: «إِنَّ اللهَ حَدَّ حُدُودًا فَلَا تَعْتَدُوهَا، وفَرَضَ فَرَائِضَ فَلَا تُضَيِّعُوهَا، وحَرَّمَ مَحَارِمَ فَلَا تَنْتَهِكُوهَا، وَسَكَتَ عَنْ أَشْيَاءَ رَحْمَةً لَكُمْ مِنْ غَيْرِ نِسْيَانٍ فَلَا تَسْأَلُوا عَنْهَا» ( Allah has set some limits, so do not transgress them; and commanded some commands, so do not ignore them; and made some things unlawful, so do not commit them.
He has also left some matters (without rulings ) as a mercy with you, not because He has forgotten them, so do not ask about them.) Pronouncing Three Divorces at the same Time is Unlawful The last Ayah we mentioned was used as evidence to prove that it is not allowed to pronounce three divorces at one time.
What further proves this ruling is that Mahmud bin Labid has stated - as An-Nasa'i recorded - that Allah's Messenger ﷺ was told about a man who pronounced three divorces on his wife at one time, so the Prophet stood up while angry and said: «أَيُلْعَبُ بِكِتَابِ اللهِ وَأَنَا بَيْنَ أَظْهُرِكُم» ؟ ( The Book of Allah is being made the subject of jest while I am still amongst you ) A man then stood up and said, "Should I kill that man, O Messenger of Allah ﷺ" The Wife cannot be taken back after the Third Divorce Allah said: فَإِن طَلَّقَهَا فَلاَ تَحِلُّ لَهُ مِن بَعْدُ حَتَّى تَنْكِحَ زَوْجًا غَيْرَهُ ( And if he has divorced her (the third time ), then she is not lawful for him thereafter until she has married another husband.) This Ayah indicates that if the man divorces his wife for the third time after he divorced her twice, then she will no longer be allowed for marriage to him.
Allah said: حَتَّى تَنْكِحَ زَوْجًا غَيْرَهُ ( ...until she has married another husband. ) meaning, until she legally marries another man.
For instance, if she has sexual intercourse with any man, even her master ( if she was a servant ), she would still be ineligible for marriage for her ex-husband ( who divorced her thrice ), because whomever she had sexual relations with was not her legal husband.
If she marries a man without consummating the marriage, she will not be eligible for her ex-husband.
Muslim reported that `A'ishah said that Allah's Messenger ﷺ was asked about a woman who marries a man who thereafter divorces her ( thrice ).
She then marries another man and he divorces her before he has sexual relations with her, would she be allowed for her first husband Allah's Messenger ﷺ said: «لَا، حَتَّى يَذُوقَ عُسَيْلَتَهَا» ( No, until he enjoys her `Usaylah (sexual relation ).) Al-Bukhari also reported this Hadith. Imam Ahmad recorded that `A'ishah said, "The wife of Rifa`ah Al-Qurazi came while I and Abu Bakr were with the Prophet and she said, `I was Rifa`ah's wife, but he divorced me and it was an irrevocable divorce.
Then I married `Abdur-Rahman bin Az-Zubayr, but his sexual organ is minute like a string.' She then took a small string of her garment ( to resemble how small his sexual organ was ).
Khalid bin Sa`id bin Al-`As, who was next to the door and was not yet allowed in, said, `O Abu Bakr! Why do you not forbid this ( woman ) from what she is revealing frankly before the Prophet' The Prophet merely smiled.
Then, Allah's Messenger ﷺ asked her: c «كَأَنَّكِ تُرِيدِينَ أَنْ تَرْجِعِي إِلى رِفَاعَةَ، لَا، حَتَّى تَذُوقِي عُسَيْلَتَهُ، وَيَذُوقَ عُسَيْلَتَك» ( Do you want to remarry Rifa`ah You cannot unless you experience his `Usaylah and he experiences your `Usaylah (i.e., had a complete sexual relation with your present husband ).)" Al-Bukhari, Muslim, and An-Nasa'i also recorded this Hadith.
Muslim's wording is "Rifa`ah divorced his wife for the third and final time." The word `Usaylah mentioned in the Hadith means sexual intercourse.
Imam Ahmad and An-Nasa'i reported that `A'ishah said that Allah's Messenger ﷺ said: «أَلَا إِنَّ الْعُسَيْلَةَ الْجِمَاع» ( `Usaylah is sexual intercourse. ) The Curse on the Participants of Tahlil/Halalah The reason for the woman ( who was divorced thrice ) to marry another man must be that the man desires her and has the intention of having an extended married life with her.
These are the legal goals and aims behind marriage.
If the reason behind the second marriage was to make the woman eligible for her ex-husband again, then this is the Tahlil that the Hadiths have cursed and criticized.
In addition, when the reason behind this marriage ( if it was Tahlil ) is announced in the contract, it would make the contract invalid according to the majority of the scholars. Imam Ahmad reported that `Abdullah bin Mas`ud said, "Allah's Messenger ﷺ cursed the one who does Tahlil, the one in whose favor it is done, those who eat Riba ( usury ) and those who feed it ( pay the usury )." At-Tirmidhi and An-Nasa'i reported this Hadith and At-Tirmidhi said, "This Hadith is Hasan." He said, "This is what is acted upon according to people of knowledge among the Companions, among whom are `Umar, `Uthman and Ibn `Umar.
It was also the saying of the scholars of Fiqh among the Tabi`in ( second generation of Islam ).
And it has been reported from `Ali, Ibn Mas`ud and Ibn `Abbas". In his Mustadrak, Al-Hakim reported that Nafi` said: "A man came to Ibn `Umar and asked him about a man who divorced his wife three times.
Then, his brother married her to make Tahlil for his brother, without the brother knowing this fact.
He then asked, "Is she allowed for the first ( husband )" He said, "No, unless it is a marriage that involves desire.
We used to consider this an act of adultery during the time of Allah's Messenger ﷺ." Al-Hakim said, "This Hadith has a Sahih chain although they ( Al-Bukhari and Muslim ) did not record it."The wording of this Hadith indicates that the ruling came from the Prophet .
Abu Bakr bin Abu Shaybah, Al-Jawzjani, Harb Al-Kirmani and Abu Bakr Al-Athram said that Qabisah bin Jabir said that `Umar said, "If the participants to Tahlil are brought to me, I will have them stoned." When does a Woman who was divorced Three Times become Eligible for Her First Husband Allah said: فَإِن طَلَّقَهَا ( And if he has divorced her ) meaning, the second husband after he had complete sexual relations with her, فَلاَ جُنَاحَ عَلَيْهِمَآ أَن يَتَرَاجَعَآ ( it is no sin on both of them that they reunite ) meaning, the wife and her first husband, إِن ظَنَّآ أَن يُقِيمَا حُدُودَ اللَّهِ ( provided they feel that they can keep the limits ordained by Allah. ) meaning, they live together honorably.
Mujahid said, "If they are convinced that the aim behind their marriage is honorable." Next, Allah said: وَتِلْكَ حُدُودُ اللَّهِ ( These are the limits of Allah, ) His commandments and legislation, يُبَيِّنُهَا ( He makes plain ) لِقَوْمٍ يَعْلَمُونَ ( for the people who have knowledge. )

( Divorce must be pronounced twice ) He says: the divorce in which a man is entitled to take back his wife is pronounced once on two separate occasions ( and then (a woman ) must be retained) before she is pronounced divorced a third time and before performing major ritual ablution from the third menstruation ( in honour ) with kind companionship and intercourse ( or released in kindness ) or divorced a third time with such kindness as restores her rights. ( And it is not lawful for you that ye take from women aught of that which ye have given them ) of dowry; ( except (in the case ) when both arbiters) when the husband and wife both know that she wants to ransom her divorce ( fear that they may not be able to keep the limits (imposed by ) Allah) the rulings of Allah regulating the relationship between husband and wife. ( And if ye fear ) if you know ( that they may not be able to keep the limits (imposed by ) Allah) the rulings of Allah regulating the relationship between husband and wife, ( in that case it is no sin for either of them ) and especially the husband ( if the woman ransom herself ) if the husband takes what the woman ransoms herself with, out of the generosity of her soul. This verse was revealed about Thabit Ibn Qays Ibn Shammas whose wife Jamilah was the daughter of ’Abdullah Ibn Ubayy Ibn Salul, chief of the hypocrites. This woman ransomed her divorce from her husband by giving him back what he gave her as dowry. ( These are the limits of Allah ) the rulings of Allah regulating the relationship between husband and wife, ( Transgress them not ) do not step beyond that which Allah has prohibited. ( For whoso transgresseth Allah’s limits ) steps beyond them: ( such are wrong-doers ) harmful to themselves.

The divorce is twice, after that, either you retain her on reasonable terms or release her with kindness. And it is not lawful for you (men) to take back (from your wives) any of your Mahr (bridal money given by the husband to his wife at the time of marriage) which you have given them, except when both parties fear that they would be unable to keep the limits ordained by Allah (e.g. to deal with each other on a fair basis). Then if you fear that they would not be able to keep the limits ordained by Allah, then there is no sin on either of them if she gives back (the Mahr or a part of it) for her Al-Khul' (divorce). These are the limits ordained by Allah, so do not transgress them. And whoever transgresses the limits ordained by Allah, then such are the Zalimun (wrong-doers, etc.).

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