Surah Baqarah ayat 237 Tafsir Quran 2:237

﴿وَإِن طَلَّقْتُمُوهُنَّ مِن قَبْلِ أَن تَمَسُّوهُنَّ وَقَدْ فَرَضْتُمْ لَهُنَّ فَرِيضَةً فَنِصْفُ مَا فَرَضْتُمْ إِلَّا أَن يَعْفُونَ أَوْ يَعْفُوَ الَّذِي بِيَدِهِ عُقْدَةُ النِّكَاحِ ۚ وَأَن تَعْفُوا أَقْرَبُ لِلتَّقْوَىٰ ۚ وَلَا تَنسَوُا الْفَضْلَ بَيْنَكُمْ ۚ إِنَّ اللَّهَ بِمَا تَعْمَلُونَ بَصِيرٌ﴾
[ البقرة: 237]

2:237 And if you divorce them before you have touched them and you have already specified for them an obligation, then [give] half of what you specified - unless they forego the right or the one in whose hand is the marriage contract foregoes it. And to forego it is nearer to righteousness. And do not forget graciousness between you. Indeed Allah, of whatever you do, is Seeing.

And if you divorce them before you have touched them and you have already appointed for them an obligation then one-half of what you have appointed must be given to them and the other half returns to you; unless it be that they the women make remission and forgo it or he makes remission by leaving her the entire amount the one in whose hand is the knot of marriage the husband to be or as Ibn ‘Abbās is reported to have said ‘The legal guardian where the female is a minor’; in which case nobody would be at fault; yet that you should remit wa-an ta‘fū is the subject is nearer to piety aqrabu li’l-taqwā is its predicate. Forget not kindness between you that is to be bountiful towards one another; surely God sees what you do and will requite you accordingly.

And if you divorce them before consummating marriage but after already deciding on the dower’s amount, then they are entitled to half the determined amount unless they themselves, or their representatives, grant remission of the due amount. And to grant remission is nearer to piety. Do not forget to exercise good will among each other and to commit generosity, for the actions of men are the best interpreters of their thoughts. Allah is Bassirun, He sees all you do

The Wife gets half of Her Mahr if She is divorced before the Marriage is consummated This honorable Ayah is not a continuation of the Mut`ah ( gift ) that was mentioned in the previous Ayah ( i.e., divorce before the marriage is consummated ).
This Ayah ( 2:237 ) requires the husband to relinquish half of the appointed Mahr if he divorces his wife before the marriage is consummated.
If it was discussing any other type of gift, then it would have been mentioned that way, especially when this Ayah follows the previous Ayah related to this subject.
Allah knows best.
Giving away half of the bridal-money in this case is the agreed practice according to the scholars.
So, the husband pays half of the appointed Mahr if he divorces his wife before consummating the marriage. Allah then said: إَّلا أَن يَعْفُونَ ( unless they (the women ) agree to remit it,) meaning, the wife forfeits the dowry and relieves the husband from further financial responsibility.
As-Suddi said that Abu Salih mentioned that Ibn `Abbas commented on Allah's statement: إَّلا أَن يَعْفُونَ ( unless they (the women ) agree to remit it,) "Unless the wife forfeits her right."Furthermore, Imam Abu Muhammad bin Abu Hatim said that it was reported that Shurayh, Sa`id bin Musayyib, `Ikrimah, Mujahid, Ash-Sha`bi, Al-Hasan, Nafi`, Qatadah, Jabir bin Zayd, `Ata' Al-Khurasani, Ad-Dahhak, Az-Zuhri, Muqatil bin Hayyan, Ibn Sirin, Ar-Rabi` bin Anas and As-Suddi said similarly. Allah then said: أَوْ يَعْفُوَاْ الَّذِى بِيَدِهِ عُقْدَةُ النِّكَاحِ ( ...or he (the husband ), in whose hands is the marriage tie, agrees to remit it.) Ibn Abu Hatim reported that `Amr bin Shu`ayb said that his grandfather narrated that the Prophet said:
«وَلِيُّ عُقْدَةِ النِّكَاحِ الزَّوْج»
( The husband is he who has the marriage tie. ) Ibn Marduwyah also reported this Hadith, and it is the view chosen by Ibn Jarir.
The Hadith states that the husband is the person who really holds the marriage tie in his hand, as it is up to him to go on with the marriage or end it.
On the other hand, the Wali of the wife is not allowed to give away any of her rightful dues without her permission, especially the dowry. Allah then stated: وَأَن تَعْفُواْ أَقْرَبُ لِلتَّقْوَى ( And to remit it is nearer to At-Taqwa (piety, righteousness ).) Ibn Jarir said, "Some scholars said that this statement is directed at both men and women." Ibn `Abbas said: وَأَن تَعْفُواْ أَقْرَبُ لِلتَّقْوَى ( And to remit it is nearer to At-Taqwa (piety, righteousness ).) indicates that the one who forgives, is nearer to At-Taqwa ( piety )." A similar statement was made by Ash-Sha`bi and several other scholars. Mujahid, An-Nakha`i, Ad-Dahhak, Muqatil bin Hayyan, Ar-Rabi` bin Anas and Thawri stated that `liberality' mentioned in the Ayah refers to the woman giving away her half Mahr, or the man giving away the full Mahr.
This is why Allah said here: وَلاَ تَنسَوُاْ الْفَضْلَ بَيْنَكُمْ ( And do not forget liberality between yourselves. ) meaning, kindness ( or generosity ), as Sa`id has stated.
Allah said: إِنَّ اللَّهَ بِمَا تَعْمَلُونَ بَصِيرٌ ( Truly, Allah is All-Seer of what you do. ) meaning, none of your affairs ever escapes His perfect Watch, and He will reward each according to his deeds. حَـفِظُواْ عَلَى الصَّلَوَتِ والصَّلَوةِ الْوُسْطَى وَقُومُواْ لِلَّهِ قَـنِتِينَ

(2:237) In case you fixed a dower for them and then divorced them before you touched them, you should pay half of the fixed dower. But there is no harm if the woman agrees to forego it or the man, in whose hands is the marriage tie, is generous enough (to pay the dower in full). And if you (men) act generously, it is akin to piety. Do not forget to show generosity in your dealings *261 with one another for Allah sees what you do.

And if you divorce them before you meaning

*261).
Magnanimity in dealings is essential if human relationships are to remain sound and pleasant.
If everyone were to stick strictly to his legal rights and claims, a pleasant social life would he rendered impossible.

 

The Wife gets half of Her Mahr if She is divorced before the Marriage is consummated This honorable Ayah is not a continuation of the Mut`ah ( gift ) that was mentioned in the previous Ayah ( i.e., divorce before the marriage is consummated ).
This Ayah ( 2:237 ) requires the husband to relinquish half of the appointed Mahr if he divorces his wife before the marriage is consummated.
If it was discussing any other type of gift, then it would have been mentioned that way, especially when this Ayah follows the previous Ayah related to this subject.
Allah knows best.
Giving away half of the bridal-money in this case is the agreed practice according to the scholars.
So, the husband pays half of the appointed Mahr if he divorces his wife before consummating the marriage. Allah then said: إَّلا أَن يَعْفُونَ ( unless they (the women ) agree to remit it,) meaning, the wife forfeits the dowry and relieves the husband from further financial responsibility.
As-Suddi said that Abu Salih mentioned that Ibn `Abbas commented on Allah's statement: إَّلا أَن يَعْفُونَ ( unless they (the women ) agree to remit it,) "Unless the wife forfeits her right."Furthermore, Imam Abu Muhammad bin Abu Hatim said that it was reported that Shurayh, Sa`id bin Musayyib, `Ikrimah, Mujahid, Ash-Sha`bi, Al-Hasan, Nafi`, Qatadah, Jabir bin Zayd, `Ata' Al-Khurasani, Ad-Dahhak, Az-Zuhri, Muqatil bin Hayyan, Ibn Sirin, Ar-Rabi` bin Anas and As-Suddi said similarly. Allah then said: أَوْ يَعْفُوَاْ الَّذِى بِيَدِهِ عُقْدَةُ النِّكَاحِ ( ...or he (the husband ), in whose hands is the marriage tie, agrees to remit it.) Ibn Abu Hatim reported that `Amr bin Shu`ayb said that his grandfather narrated that the Prophet said: «وَلِيُّ عُقْدَةِ النِّكَاحِ الزَّوْج» ( The husband is he who has the marriage tie. ) Ibn Marduwyah also reported this Hadith, and it is the view chosen by Ibn Jarir.
The Hadith states that the husband is the person who really holds the marriage tie in his hand, as it is up to him to go on with the marriage or end it.
On the other hand, the Wali of the wife is not allowed to give away any of her rightful dues without her permission, especially the dowry. Allah then stated: وَأَن تَعْفُواْ أَقْرَبُ لِلتَّقْوَى ( And to remit it is nearer to At-Taqwa (piety, righteousness ).) Ibn Jarir said, "Some scholars said that this statement is directed at both men and women." Ibn `Abbas said: وَأَن تَعْفُواْ أَقْرَبُ لِلتَّقْوَى ( And to remit it is nearer to At-Taqwa (piety, righteousness ).) indicates that the one who forgives, is nearer to At-Taqwa ( piety )." A similar statement was made by Ash-Sha`bi and several other scholars. Mujahid, An-Nakha`i, Ad-Dahhak, Muqatil bin Hayyan, Ar-Rabi` bin Anas and Thawri stated that `liberality' mentioned in the Ayah refers to the woman giving away her half Mahr, or the man giving away the full Mahr.
This is why Allah said here: وَلاَ تَنسَوُاْ الْفَضْلَ بَيْنَكُمْ ( And do not forget liberality between yourselves. ) meaning, kindness ( or generosity ), as Sa`id has stated.
Allah said: إِنَّ اللَّهَ بِمَا تَعْمَلُونَ بَصِيرٌ ( Truly, Allah is All-Seer of what you do. ) meaning, none of your affairs ever escapes His perfect Watch, and He will reward each according to his deeds. حَـفِظُواْ عَلَى الصَّلَوَتِ والصَّلَوةِ الْوُسْطَى وَقُومُواْ لِلَّهِ قَـنِتِينَ

Then Allah exposited on the legal ruling of she whose dowry had been specified, saying: ( And if ye divorce them before ye have touched them ) before you have had sexual intercourse with them ( and ye have appointed unto them a portion ) you have specified a dowry for them, ( then (pay the ) half of that which ye appointed) half of the dowry you specified, ( unless they (the women ) agree to forgo it) unless the woman forgoes her right and leaves it to the husband, ( or he agreeth to forgo it in whose is the marriage tie ), or the husband forgoes his right and gives the woman her full dowry. ( To forgo ) your rights ( is nearer to piety ) is nearer to piety for the God-fearing. Allah says here to the husband and wife: it is more conducive to God-fearing if you forgo your right to the other; ( And forget not kindness among yourselves ) Allah says to both: continue to be kind and generous to each other. ( Indeed Allah is Seer of what ye do ) of acts of kindness and generosity.

And if you divorce them before you have touched (had a sexual relation with) them, and you have appointed unto them the Mahr (bridal money given by the husbands to his wife at the time of marriage), then pay half of that (Mahr), unless they (the women) agree to forego it, or he (the husband), in whose hands is the marriage tie, agrees to forego and give her full appointed Mahr. And to forego and give (her the full Mahr) is nearer to At-Taqwa (piety, right-eousness, etc.). And do not forget liberality between yourselves. Truly, Allah is All-Seer of what you do.

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