Wichtiger Hinweis: Ayaat ulQuran müssen im Kontext im Quran und mit Tafsir studiert werden.
19.21. Er sagte: "So wird es sein. Dein Herr sagt: ,Das ist Mir ein leichtes, und damit Wir ihn zu einem Zeichen für die Menschen und zu einer Barmherzigkeit von Uns machen´. Und es ist eine beschlossene Angelegenheit."
65.1. Ya ayyuha alnnabiyyu idhatallaqtumu alnnisaa fatalliquuhunnaliAAiddatihinna waahsuu alAAiddata waittaquu Allaharabbakum la tukhridschuuhunna min buyuutihinna walayakhrudschna illa an ya/tiina bifahischatinmubayyinatin watilka huduudu Allahi wamanyataAAadda huduuda Allahi faqad dhalamanafsahu la tadrii laAAalla Allaha yuhdithubaAAda dhalika amran
65.1. O Prophet! When ye (men) put away women, put them away for their (legal) period and reckon the period, and keep your duty to Allah, your Lord. Expel them not from their houses nor let them go forth unless they commit open immorality. Such are the limits (imposed by) Allah; and whoso transgresseth Allah ' s limits, he verily wrongeth his soul. Thou knowest not: it may be that Allah will afterward bring some new thing to pass. (Pickthall)
65.1. Du, der Prophet, wenn ihr euch von euren Frauen scheidet, so scheidet euch von ihnen nach ihrer Wartezeit, und berechnet die Wartezeit, und fürchtet Allah, euren Herrn. Treibt sie nicht aus ihren Häusern heraus, und sie ihrerseits gehen nicht heraus, außer, daß sie mit einer klargemachten Abscheulichkeit kommen, und dies sind die Grenzen Allahs, und wer die Grenzen Allahs überschreitet, so hat er sich schon selbst Unrecht angetan. Du weißt nicht, vielleicht bringt Allah hiernach Neues zur Sache. (Ahmad v. Denffer)
65.1. O Prophet, wenn ihr euch von Frauen scheidet, dann scheidet euch von ihnen auf ihre Wartezeit hin, und berechnet die Wartezeit. Und fürchtet Allah, euren Herrn. Weist sie nicht aus ihren Häusern aus; sie sollen auch nicht selbst ausziehen, außer, sie begehen etwas klar Abscheuliches. Dies sind Allahs Grenze (Bubenheim)
65.1. O Prophet! Wenn ihr euch von den Frauen scheidet, beachtet die Wartezeit, die ihr genau berechnen sollt! Fürchtet Gott, euren Herrn! Ihr dürft sie aus ihren Wohnungen nicht ausweisen, es sei denn, sie begehen eine abscheuliche Tat. Das sind die Rechtsbestimmungen Gottes. Wer Gottes Rechtsbestimmungen übertritt, hat sich selbst unrecht getan. Du weißt nicht, vielleicht lässt Gott nach der Scheidung etwas Unerwartetes geschehen. (Azhar)
65.1. Prophet! Wenn ihr die Talaq-Scheidung den Ehefrauen gegenüber vollzieht, dann vollzieht die Talaq-Scheidung ihnen gegenüber, wenn sie auf die Zeit ihrer 'Idda hinsteuern und berechnet die 'Idda genau und handelt Taqwa gemäß ALLAH gegenüber, eurem HERRN! Bringt sie nicht heraus aus ihren Wohnstätten! Und sie gehen nicht weg, außer wenn sie eine bewiesene Abscheulichkeit begehen. Und diese sind ALLAHs Richtlinien. Und wer ALLAHs Richtlinien verletzt, beging bereits Unrecht gegen sich selbst. Du weißt nicht, vielleicht lässt ALLAH danach etwas sich ereignen. (Zaidan)
65.1. Prophet! Wenn ihr Frauen scheidet, dann tut das unter Berücksichtigung ihrer Wartezeit (li-`iddatihinna), und berechnet die Wartezeit (genau)! Und fürchtet Allah, euren Herrn! Ihr dürft sie nicht (vor Ablauf ihrer Wartezeit) aus ihrem Haus ausweisen, und sie brauchen (ihrerseits) nicht (vorher) auszuziehen, es sei denn, sie begehen etwas ausgesprochen Abscheuliches. Das sind die Gebote Allahs. Wer die Gebote Allahs übertritt, frevelt gegen sich selber (indem er sich ins Unrecht setzt). Du weißt nicht, ob nicht Allah vielleicht nachträglich eine neue Lage schafft (yuhdithu ba`da zaalika amran) (und der betreffende Mann froh ist, wenn er die Scheidung seiner Frau rückgängig machen kann). (Paret)
65.1. O du Prophet, wenn ihr euch von den Frauen scheidet, so scheidet euch von ihnen zu ihrer festgesetzten Zeit und berechnet die Zeit und fürchtet Allah, euren Herrn. Treibt sie nicht aus ihren Häusern, noch lasset sie hinausgehen, es sei denn, sie hätten eine offenkundige Schändlichkeit begangen. Und dies sind Allahs Gebote; und wer Allahs Gebote übertritt, der hat sich selber Unrecht getan. Du weißt nicht, ob Allah danach etwas (Unvermutetes) geschehen lassen würde. (Rasul)
65.2. Fa-idha balaghna adschalahunnafaamsikuuhunna bimaAAruufin aw fariquuhunna bimaAAruufinwaaschhiduudhaway AAadlin minkum waaqiimuu alschschahadatalillahi dhalikum yuuAAadhu bihi man kanayu/minu biAllahi waalyawmi al-akhiriwaman yattaqi Allaha yadschAAal lahu makhradschan
65.2. Then, when they have reached their term, take them back in kindness or part from them in kindness, and call to witness two just men among you, and keep your testimony upright for Allah. Whoso believeth in Allah and the Last Day is exhorted to act thus. And whosoever keepeth his duty to Allah, Allah will appoint a way out for him, (Pickthall)
65.2. Und wenn sie ihre Frist erreicht haben, so behaltet sie auf rechte Weise oder trennt euch von ihnen auf rechte Weise, und es bezeugen zwei mit Gerechtigkeit von euch, und seid aufrecht in der Bezeugung für Allah. Dies ist es, wozu ermahnt wird, wer an Allah glaubt und an den Letzten Tag, und wer Allah fürchtet, dem gibt Er einen Ausweg, (Ahmad v. Denffer)
65.2. Wer aber Allahs Grenzen übertritt, der fügt sich ja selbst Unrecht zu. Du weißt nicht, vielleicht führt Allah danach eine neue Lage herbei. Wenn sie dann ihre Frist erreichen, so behaltet sie in rechtlicher Weise oder trennt euch von ihnen in rechtlicher Weise. Und nehmt zwei gerechte Personen von euch zu Zeugen, und legt das Zeugnis (in Aufrichtigkeit) um Allahs willen ab. Damit wird ermahnt, wer an Allah und den Jüngsten Tag glaubt. Und wer Allah fürchtet, dem schafft Er einen Ausweg (Bubenheim)
65.2. Wenn die Wartezeit ihrem Ende zugeht, dürft ihr die Scheidung rückgängig machen und die Frauen in Würde behalten oder euch würdig von ihnen trennen. Ihr sollt zwei rechtschaffene Leute von euch als Zeugen nehmen. Das Zeugnis vor Gott soll genau eingehalten werden. Damit soll der ermahnt werden, der an Gott und an den Jüngsten Tag glaubt. Wer Gott fürchtet, dem schafft Gott aus jeder Not einen Ausweg. (Azhar)
65.2. Und wenn sie ihre festgesetzte Frist erreichten, dann haltet sie in Billigkeit oder trennt euch von ihnen nach Gebilligtem, und lasst zwei Redliche von euch dies bezeugen, und haltet das Zeugnis um ALLAHs Willen ein! Mit diesem wird derjenige ermahnt, der den Iman an ALLAH und den Jüngsten Tag verinnerlicht. Und wer Taqwa gemäß ALLAH gegenüber handelt, für den macht ER einen Ausweg (Zaidan)
65.2. Und wenn die (betreffenden) Frauen ihren Termin erreichen, dann behaltet sie in rechtlicher Weise oder trennt euch von ihnen in rechtlicher Weise! Und nehmt zwei rechtliche Leute (zawai `adlin) von euch zu Zeugen, und legt (über die endgültige Erledigung der Angelegenheit) vor Allah Zeugnis ab! Das (zaalikum) ist eine Ermahnung an diejenigen (von euch), die an Allah und den jüngsten Tag glauben. Wenn einer gottesfürchtig ist, schafft Allah ihm einen Ausweg (Paret)
65.2. Wenn sie aber ihren Termin erreicht haben, dann haltet sie in Güte zurück oder trennt euch in Güte von ihnen; und nehmt als Zeugen Leute von Billigkeit unter euch, und legt Zeugnis vor Allah ab. Dies ist eine Ermahnung für diejenigen, die an Allah und an den Jüngsten Tag glauben; und dem, der Allah fürchtet, verschafft Er einen Ausweg (Rasul)
Tafsir von Maududi für die Ayaat 1 bis 2
O Prophet, when you (and the believers) divorce women, divorce them for their prescribed waiting-periods, ( 1 ) and count the waiting-period accurately ( 2 ) , and fear Allah, you Lord. And do not turn them out of their houses (during the waiting-period), not should they themselves leave them, ( 3 ) except in case they commit an open. indecency. ( 4 ) These are the bounds prescribed by Allah and whoever transgresses Allah's bounds will wrong his own self. You do not know: Allah may after this bring about a situation (of reconciliation). ( 5 ) Then when they have reached the end of their (waiting) periods either retain them (in wedlock) in a fair manner or part with them in a fair manner, ( 6 ) and call to witness two just men from among yourselves ( 7 ) , and (O witnesses) bear witness equitably for the sake of Allah.
Desc No: 1 That is, "O believers, you should not make undue haste in the Matter of pronouncing divorce: your minor family quarrels should not so incite you that you should pronounce the final divorce in a fit of anger and there teremains no chance for reconciliation. However When you have to divorce your wives, you should divorce them for their prescribed waiting-period." Pronouncing divorce for the waiting period has two meanings and both arc implied here:
First. That "you should divorce them at a them when their waiting-period can begin. " This thing has already been prescribed in Al-Baqarah: 228 above. The waiting-period of the married woman who menstruates is three monthly courses after the pronouncement of divorce. If this commandment is kept in view the only appropriate time of pronouncing divorce 50 that the waiting period may duly begin is when she is not in her courses, for he waiting-period cannot begin from the course during which she ma have been divorced, and divorcing her in that state would mean that, contrary to the Divine Command, her waiting-period should extend to four courses instead of three courses. Furthermore, this commandment also demands that the woman should not he divorced in the period-of purity during which the husband may have had sexual intercourse with her. For in this case, at the time divorce is pronounced neither the husband nor the wife can know whether he has conceived in consequence of the intercourse or not. Because of this neither the waitinlt-period can begin on the hypothesis that this would be reckoned in view of the succeeding monthly courses, nor on the hypothesis that this would be the waiting-period of a pregnant woman. So, this commandment lays down two rules simultaneously: first, that divorce should not be pronounced during menstruation; second, that divorce may be pronounced either in the period of purity during which there was no sexual intercourse with the woman, or in the state when the woman's being pregnant was known. A little consideration of the matter will show that the restrictions imposed on the pronouncement of divorce arc for good reasons. The reason for imposing the restriction on the pronounce meant of divorce during menstruation is that in this state the husband and the wife are somewhat estranged from each other because of the prohibition of sexual intercourse in this start; and from the medical viewpoint also it is confirmed that the woman is not temperamentally normal during the courses. Therefore, if a quarrel starts between them in this state, both the husband and the wife would be helpless to an extent to put an end to it, and if the matter is deferred till the woman is free from her courses, there is the possibility that the woman also may return to her normal temperamental state and the mutual attraction that nature has placed between them also may work and reunite them. Likewise, the reason for prohibiting the pronouncement of divorce during the purity period in which sexual intercourse may have taken place, is that if in consequence of it conception takes place, it can neither be known to the husband nor to the wife. Therefore, it cannot be a suitable time for pronouncing the divorce. If the man comes to know that conception has taken place, he would think a hundred times before deciding finally whether he should pronounce divorce or not on the woman who carries his child in her womb. The woman also in view of the future of her child would try her best to remove the causes of her husband's displeasure. ,But if a decision is taken blindly, in undue haste, and then it is known that conception had taken place, both will regret it later.
This is the first meaning "divorcing for the prescribed waiting-period", which applies only to those women marriage with whom has been consummated, who menstruate and may possibly conceive. As for its second meaning it is this: "If you have to divorce your wives, you should divorce them till the expiry of their waiting-period". That is "Do not pronounce three divorces all at once leading to permanent separation, but pronounce one, or at the most two divorces, and wait till the end of the waiting-period, so that there remains some chance for reconciliation for you at any time during this period." According to this meaning; this commandment is also useful in respect of those woman marriage with whom has been consummated and who menstruate as well as of those who no longer iuenstnrate, or those who have not yet menstruated, or those whose pregnancy at the time of the pronouncement of divorce is known. If this Divine Command is rightly followed, no one will regret after having pronounced divorce, for if divorce is pronounced in this way, there remains room for reconciliation within the waiting. period, and even after the expiry of the waiting-period the possibility remains that the separated husband and wife may remarry if they wish reconciliation,
This same meaning of talliqu-hunna Ii- iddat-i hinna ( divorce them for their prescribed waiting-period") has been given by the earliest commentators. Ibn 'Abbas has given this commentary of it: "One should not pronounce divorce during menstruation nor in the period of purity (tuhr) during which the husband may Inave had sexual intercourse. But one should leave the wife alone till she attains purity after the course; then one may pronounce a single divorce on her. In this case even if there is no reconciliation and the waiting-period expires, she would be separated by the single divorce." (Ibn Jarir) Hadrat 'Abdullah bin Mas'ud says: Divorce for the waiting-period means that ane should pronounce the divorce in the woman s state of purity without having had an intercourse with her. " The same commentary has been reported from Hadrat `Abdullah bin `Umar, `Ata', Mujahid, Maimun bin Mahran, Muqatil bin Hayyan, and Dahhak (may Allah bless them all) (Ibn Kathir). Ikrimah has explained it thus: `One may pronounce the divorce in the state when the woman's being pregnantt is known, and not when one has had sexual intercourse with her and it is not known whether she has conceived or not." (Ibn Kathir) Both Hadrat Hasan Basri and lbn Sirin say: `Divorce should be pronounced during the state of purity without having had sexual intercourse. or when the woman's being pregnant becomes known. " (Ibn Jarir)
The intention of thin verse wa: best explained by the Holy Prophet (upon whom be Allah's peace) himself on the occasion when Hadrat `Abdullah bin `Umar had divorced his wife while she was discharging the menses .. The, details of thin incident have been reported in almost all collections of Hadith and the same. in fact. are the source of the law in this connection. It so happened that when Hadrat `Abdullah divorced hi: wife while she was menstruating, Hadrat Umar came before the Holy Prophet and mentioned it to him. The Holy Prophet expressed great displeasure and said: Command him to take her back and keep her as his wife till ste is purified, that she again menstruates and is again Purified: then if he so desires he may divorce her in her state of purity without having any sexual_ intercourse with her. This is the waiting-period which Ailah Almighty has prescribed for the divorce of women." In a tradition the words are to the effect: "Either one may pronounce the divorce in the woman's state of purity without having a sexual intercourse, or in the state when her being pregnant becomes fully known".
The intention of this verse is further explained by a few other Ahadith which have been reported from the Holy prophet (upon wham be Allah's peace) ai d some of the major Companions. Nasa'i has related that the Holy Prophet was infomed that a person had pronounced three divorces on his wife in ane sitting. He stood up in anger and said:'`Are the people playing with the Book of Allah, although I am present among you?" Seeing the Holy Prophet's extreme anger on this occasion, a person asked: `Should I not go and kill the man?" `Abdur Razzaq has reported about Hadrat `Ubadah bin as-Samit that hi: father pronounced one thousand divorces on his wife. He went before the Holy Prophet (upon whom be peace) and asked his ruling on it. The Holy Prophet said: `By the throe divorces the woman stood separated from him along with Allah': disobedience, and 997 pronouncement remained a: acts of injustice and sin, for which Allah might punish him if He so willed and forgive him if He so willed. " In the details of the incident concerning Hadrat `Abdullah bin `Umar, which have been related in Daraqutni and Ibn Abi Shaibah, another thing also is that when the Holy Prophet commanded Hadrat `Abdullah bin `Umar to take his wife back, he asked: Had I pronounced three divorces on her, could I have taken her back even then? The Holy Prophet replied: No, she would have stood separated from you, and this would have been an act of sin." In another tradition the Holy Prophet's words arc to the effect: `Had you done this, you would have committed disobedience of your Lord while your wife would have been separated from you."
The legal rulings reported from the Companions in this regard are also in complete comformity with the Holy Prophet's injunctions. According to a tradition in Mu'watta, a person came to Hadrat 'Abdullah.bin Mas'ud and said: "I have pronounced eight divorces on my wife. Ibn Mas`ud asked: What legal opinion have you been given in this regard? He said: I have been told that the woman stands separated from me. Ibn Mas`ud said: The people have said the right thing: the legal position is the same as they have told you." 'Abdur Razzaq has related from 'Alqamah that a person said to Ibn Mas'ud: "I have pronounced 99 divorces on my wife He said: Three divorces separate her from you; the rest are (acts of sin) excesses. " Waki' bin al-Jarrah in his sunan has reported this very viewpoint of both Hadrat 'Uthman and Hadrat 'AIi. A person came to Hadrat `Uthman and said: "I have pronounced a thousand divorces on my wife-'. He replied: "She stood separated from you by three divorces." When a similar problem was presented before Hadrat `Ali he replied; `By three divorces she stood separated from you. You may distribute the rest of your pronouncements on the rest of your wives if you so like." Abu Da'ud and Ibn Jarir have related, with a little variation in wording, a tradition from Mujahid, saying: "While I was sitting with Ibn Abbas, a person came and said: `I have pronounced three divorces on my wife.' Ibn 'Abbas heard it but kept silent for so long that I thought he was perhaps going to return his wife to him. Then he said: 'One of you first commits the folly of pronouncing the divorces; then he comes and says: O lbn `Abbas, O Ibn `Abbas! whereas Allah has said that whoever fears Him in whatever he does, He will open a way for him out of the difficulties. You did not fear Allah; now I do not find any way for you: you have disobeyed your Lord, and your wife stands separated from you.' Another tradition, which also has been reported from Mujahid and related with a little variation in wording in mu'watta and Tefsir by Ibn Jarir, says: ¦A person pronounced a hundred divorces on his wife; then he asked Ibn 'Abbas for his opinion. He replied: 'By three divorces she stood separated from you. With the other 97 you made a Jest of the Revelations of Allah!" This is according to Mu'watta. According to Ibn Jarir the words of Ibn `Abbas were to the effect: 'You disobeyed your Lord, and your wife stood separated from you, and you did not fear Allah that He might open a way for you out of the difficulty." Imam Tahavi has related 'that a man came to Ibn `Abbas and said: 'My uncle has pronounced three divorces on his wife. He replied: Your uncle ,has disobeyed Allah and committed a sin and followed Satan. Now, Allah has left no way open for him out of the difficulty." According to a tradition in Mu'watta and Abu Da'ud, a man pronounced three divorces on his wife before the consummation of marriage; then desired to remarry her, and came out to know the legal aspect of the matter. The reporter of the Hadith, Muhammad bin lyas bin Bukair, says: 'I accompanied him to Ibn `Abbas and Abu Hurairah. The reply each one gave was: 'You have Iet slip from your hand whatever opportunity was there for you'." Zamakhshari has stated in al-Kashshaf that Hadrat `Umar used to beat the man who would pronounce three divorces on his wife (at one and the same time) and then would enforce his divorces. Sa'id bin Mansur has related this very thing from Hadrat Anas on sound authority. In this connection. the general opinion of the Companions. which Ibn Abi Shaibah and Imam Muhammad have related from Ibrahim Nakha'i (may Allah bless them) was: "The Companions (may Allah be pleased with them) approved of this method that one may pronounce a single divorce on the wife and leave her alone till she completes three monthly courses." These are the words of Ibn Abi Shaibah. The words of Imam Muhammad are to the effect: '`The approved method with them was that in the matter of divorce one should not exceed one divorce tilt the waiting-period is completed."
The detailed law that the jurists of Islam have compiled with the help of these Ahadith and traditions in the light of the above mentioned Qur'anic verse, is as follows: (1) The Hanafis regard divorce as of three kinds: Ahsan. hasan, and bid'i. The ahsan form of divorce is that one may pronounce only one divorce on one's wife during a ,tuhr (purity) period in which one must refrain from sexual intercourse and leave the wife to complete her waiting-period. The hasan form of divorce is that one may pronounce one divorce in each period of purity: in this case pronouncement of three: divorces, one each in three periods of purity, . is also not against the Shari'ah, although the best approved method is to pronounce only one divorce and leave the wife to complete her waiting-period. The bid form of divorce is that one must pronounce three divorces in a single sitting, or pronounce three divorces at different times during the same period of purity, or pronounce divorce during menstruation, or pronounce it in the period of purity during which one has had a sexual intercourse. Of these whichever course one may adopt one will be guilty a sin, This is the law in respect of the woman Marriage with whom has been consummated and who has regular courses. As for the woman marriage with whom has not been consummated, she can be divorced both in the state of purity and during menstruation, and this is according to the Sunnah. And if the woman is such a one marriage with whom has been consummated who no longer menstruates, or the one who has not yet menstruated, she can be divorced even after the sexual intercourse"for there is no chance of her being pregnant. And if the woman is pregnant, she also can be divorced after the sexual intercourse, for her pregnancy is already established. But the method of pronouncing divorce on these women according to the Sunnah, is that the divorce may be pronounced at the interval of one month in each case. However, the ahsan method is that only one divorce may be pronounced and the woman left to complete her waiting period. (Hedayah, fath alQadir, Ahkam al-Qur an (AI-Jassas), `Umdat al-Qari).
According to Imam Malik also divorce is of three kinds . Sunni, bid'i makruh and bid'i haram. The divorce according to the Sunnah is that a single divorce be pronounced on the woman marriage with whom has been constunmate(1 and who menstruates, during her state of purity without having had sexual intercourse, and the woman be left to complete her waiting-period. The bid'i makrnh form is that divorce be pronounced in the period-of purity during which one may have had sexual intercourse, or more divorces than one be pronounced in the period of purity while there was.no sexual intercourse, or three divorces be pronounced, one each in separate periods of purity within the waiting-period, or three divorces be pronounced all at once. And bid i haram is that divorce be pronounced during menstruation. (Hashiyah ad-Dusuqi alal-Sharh-al-Kabir Ibn aI- Arabi, Ahkam al-Qur an).
The authentic viewpoint of Imam Ahmad bin Hanbal which is generally agreed upon by the Hanbalis is: The approved method (i.e. the one according to the Sunnah) of divorcing a wife marriage with whom has been consummated and who menstruates is that a single divorce be pronounccd on her in her period of purity without having had sexual intercourse with her, and then she be left to complete her waiting-period. But if she is giver three divorces, one each in three separate periods of purity or three divorces in one and the same period of purity, or divorced thrice at once, or divorced during the courses, or divorced in the period of purity during which the husband has had sexual intercourse and her being pregnant is not known, all these would be disapproved and forbidden forms of divorce. But if the woman is such that marriage with her has been consummated but who no longer menstruates, or such who has not yet menstruated, or is pregnant, in her case there is neither any difference of approved and disapproved with regard to time nor with regard to the number of divorces pronounccd. (Al-Insaf fi Ma'rifat-ar-Rajih min al-Khilaf 'ala Madhhab Ahmad bin Hanbal).
According to Imam Shafe'i, in the matter of divorce the difference between the approved (i.e.. according w the Sunnah) and the reprehensible (i.e. against the Sunnah) forms of divorce is only with regard to time and not with regard to number That is, to pronounce divorce on a woman marriage with whom has been consummated and who menstruates, during menstruation or to pronounce divorce on a Ovarian, who can conceive, during such a period of purity in which the husband has had sexual intercourse with her and the woman's pregnancy is unknown, is disapproved and forbidden. As for the number, whether three divorces arc pronounced at one time, or pronounced in the same period of purity, or pronounced in separate periods of purity, they are not against the Sunnah in any case. In case the woman is such that marriage with her has not been consummated, or the one who no longer menstruates, or the one who has not yet menstruated, or the one whose being pregnant is known, there is no difference between the approved and the disapproved forms of divorce. (Mughni al-Muhtaj) (2) A divorce's being irregular, reprehensible, forbidden, or sinful with the four Imams dces not mean that it does not have effect. According to all the four Sunni Schools, whether a divorce is pronounced during menstruation, or thrice at once, or pronounced in the period of purity during which the husband has had sexual intercourse and the woman's being pregnant is unknown, or pronounced in a manner disapproved by an Imam, in any case it dces become effective, although the pronounce commits an act of sin. But some other scholars differ in this regard from the four Imams.
Sa'i bin al-Musayyab and some other immediate followers of the Companions say that the divorce of the person who pronounces it during menstruation, or pronounces it thrice at one time, dces not take place at all. The same is the opinion of the Imamiah sect of the Shi`as. The basis of this opinion is that since this form of divorce is forbidden and utttrly irregular, it is ineffective, whereas the AhadIth that we have cited above, clearly show that when Hadrat 'Abdullah bin `Umar divorced his wife during menstruation, the Holy Prophet commanded him to take her back; had the divorce not taken effect at all, the command to take the wife back would have been meaningless. And this also i6 confirmed by many Ahadith that the Holy Prophet and the major Companions considered the pronounce of more divorces than one at one time sinful but did not regard his divorce as ineffective.
Ta'us and 'Ikrimah say that only one divorce takes place if divorce is pronounced thrice at once, and this very view has been adopted by Imam Ibn Taimiyyah. The source of his this opinion is that Abu as-Sahba' asked Ibn 'Abbas: 'Don't you know that in the lifetime of the Holy Prophet (upon whom be Allah's peace) and Hadrat Abu Bakr and in the early period of Hadrat 'Umar a triple divorce was considered a single divorce? He replied: Yes." (Bukhari, Muslim). .And in Muslim, Abu Da'ud and Musnad Ahmad, Ibn Abbas's this statement has been cited: "In the lifetime of the Holy Prophet (upon whom be peace) and Hadrat Abu Bakr and during the first two years of the caliphate of Hadrat `Umar a triple divorce was considered a single divorce. Then Hadrat `Umar expressed the view: As the people have started acting hasty in a matter in which they had been advised to act judiciously and prudently, why should we not enforce this practice? So, he enforced It. "
But this view is not acceptable for several reasons. In the first place, according to several traditions lbn `Abbas's own ruling was against it, as we have explained above. Secondly, it is contrary to those Ahadith also, which have been reported from tire Holy Prophet upon whom be peace) and the major Companions, in which the ruling given about the pronounce of a threefold divorce at one time is that all his three divorces become effective. These Ahadith also have been cited above Thirdly, from Ibn `Abbas's own tradition itself it becomes evident that Hadrat `Umar had publicly enforced the triple divorce in the assembly of the Companions, but neither then nor after it the Companions ever expressed any difference of opinion. Now, can it be conceived that Hadrat `Umar could decide an issue against the Sunnah? And could the Companions also accept his decision without protest? Furthermore, in the story concerning Rukanah bin `Abd-i Yazib, a tradition has been related by Abu Da'ud, Tirmidhi, Ibn Majah, Imam Shafe`i, Darimi and Hakim, saying that when Rukanah pronounced three divorces on his wife in one and the same sitting, the Holy Prophet (upon whom be peace) asked him to state on oath whether his intention was to pronounce one divorce only, (That is, the two subsequent divorces were pronounced only to lay emphasis on the first divorce; the triple divorce was not intended to create separation permanently). And when he stated this on oath, the Holy Prophet gave him the right to take his wife back. `This brings out the truth of the matter as to what kind of divorces were considered a single divorce in the carliest.period of Islam. On this very basis, the interpreters of the Hadith have explained the tradition of Ibn 'Abbas thus: As in the early period of Islam deceit and fraud in religious matters was almost unknown among the people, the statement of the pronouncer of a triple divorce was admitted that his real intention wa: to pronounce only a single divorce, ard the two subsequent divorce: had been pronounced only for the sake of emphasis. But when Hadrat `Umar saw that the people first pronounced three divorces in haste and then presented the excuse of pronrnmcing them only for the sake of emphasis, he refused to accept this excuse. Imam Nawawi and Imam Subki regard this as the beat interpretation of the tradition from Ibn `Abbas, Finally, there is disagreement in the traditions of Abu aa-Sahba' himself, which he has related concerning the saying of Ibn `Abbas. Muslim, Abu Da'ud and Nasa'i have related from this same Abu as-Sahba' another tradition; saying that on an enquiry by him. Ibn `Abbas said: ` When a person pronounced a threefold divorce on his wife before consummation of marriage, it was considered a single divorce in the lifetime of the Holy Prophet (upon whom be peace) and Hadrat Abu Bakr and in the early period of Hadrat 'Umar," Thus, one and the same reporter has reported from Ibn 'Abbas traditions containing two divergent themes and this diversity weakens both the traditions. (3) As the Holy Prophet had commanded the pronouncer of the divorce during menstruation to take his wife back, the dispute has arisen among the jurists as to what is the exact sense of this command Imam Abu Hanifah, Imam Shafe'i, Imam Ahmad, Imam Auza'i, Ibn Abi Laila, Ishaq bin Rahawaih and Abu Thaur say that such a person would be commanded to take his wife back, but would not be compelled to do so. ('Umdat alQari). The Hanafi viewpoint as stated in Hedayah is that in this case taking the wife back is not only preferable but also obligatory. In Mughni al-Muhtaj' the Shafe'i viewpoint has been stated to be that the approved (i.e. One according to Sunnah method for the one who has pronounced divorces during menstruation, but has not pronounced a triple divorce, is that he should take his wife back, and should refrain from pronouncing divorce in the following period of purity, but should pronounce it, if he so likes, in the period of purity when the wife has become fret from her next menstrual course and attained purity, so that his revocation of the divorce pronounced during menstruation is not taken in jest. The Hanbali viewpoint as presented in Al-Insaf is that in this state it is preferable for the pronounce of divorce to take his wife back. But Imam Malik and his companions say that pronouncement of divorce during menstruation is a cognizable offence. Whether the woman makes a demand or not, it is in any case the duty of the ruler that if such an act of some one is brought to his notice, he must compel the person to take his wife back and should continue to press him till the end of the waiting-period; and if he refuses to take her back. he should imprison him; if he still refuses, he should beat him; and if he still does not accede, the ruler should give his own decision, saying: "I return your wife to you. " And the ruler's this decision would be effective after which it would be lawful for the man to have sexual intercourse with the woman, whether he intends to take her back or not, for the ruler's intention represents his intention. (Hashiyah ad-Dusuqi). The Malikis also say that if the person, who has taken his wife back willingly or unwillingly, after divorcing her during menstruation, has made up his mind to repudiate her, the preferable method for him is that he should refrain from divorcing her in the period of purity following the menstruation during which he divorced her, but should divorce her in the period of purity following the ncxt menstruation The prohibition to pronounce divorce in the period of purity following the menstruation in which divorce was pronounced, has been enjoined so that the return of the pronouncer during menstruation dces not remain merely oral, but he should have sexual intercourse with the woman during the period of purity. Then, since the pronouncement of divorce in the period of purity in which sexual intercourse has taken place is prohibited, the right time for pronouncing it is the following period of purity only. (Hashiyah ad-Dusuqi). (4) As to the question: Till when has the pronouncer of one revocable divorce the power to take his wife back? difference of opinion has arisen among the jurists and this difference has occurred on the question: What do the words thalathata quti'-in or AI-Baqarah: 228 imply: three menstruaion or three periods of purity? According to Imam Shafe`i and Malik, qara implies a period of purity, and this view is held on the authority of Hadrat 'A'ishah, Ibn 'Umar and Zaid bin Thabit (may Allah be pleased with them). The Hanafi viewpoint is that qara implies menstruation and the same is the authentic viewpoint of Imam Ahmad bin Hanbal too. This view is based on the authority of all the four rightly-guided Caliphs, Abdullah bin Mas'ud, `Abdullah bin 'Abbas, Ubayy bin Ka'b, Mu'adh bin Jabal, Abu ad-Darda', 'Ubadah bin as-Samit and Abu Musa al-Ash'ari (may Allah be pleased with them). Imam Muhammad in his Mu'watta has cited a saying of Sha`bi, saying that he met thirteen of the Holy Prophet's Companions and they all held this same opinion, and this very view was adopted by many of the immediate followers of the Companions also.
On account of this difference of opinion, according to the Shafe`is and the Malikis, the waiting period of the woman comes to an end as soon as she enters the third menstruation, and the man's power to take her back -is terminated. And if the divorce has been pronounced during menstruation, this menstruation will not be counted towards the waiting-period but the waiting-period will come to an end as soon as the woman enters the fourth menstruation. (Mughni al-Muhtaj; Hashiyah ad-Dusuqi). The Hanafi; viewpoint is that if the menstrual discharge in the third menstruation stops after ten days, the waiting-period of the woman will cane to an end with it whether she takes purification bath or not; and if the discharge ceases within less than ten days, the waiting-period will not come to an end until the woman has taken her purification bath, or until a Prayer time has passed. In case water is not available, according to Imam Abu Hanifah and Imam Abu Yusuf, the man's right to return to her will be terminated, when she has performed her Prayer with tayammum (purification with dust), and, according to Imam Muhammad, as soon as she has performed tayammwn itself. (Hedayah). Imam Ahmad's authentic viewpoint which is held by the majority of the Hanba lis is that as long as the woman does not have her purification bath after the third menstruation, the man's right to return w her will remain. (Al-Insaf). (5) As for the question that is the method of taking the wife back? the jurists are agreed that the person, who has pronounced a revocable divorce on his wife, can return to her whenever he likes before the expiration of the waiting-period, whether the woman is desirous of this or not, for the Qur'an says: "Their husbands are best entitled to take them back as their wives during this waiting-period." (AI-Baqarah: 228). From this it can automatically be concluded that until the expiry of the waiting-period, the marriage tie remains intact and the husbands can take them back before they are separated absolutely and finally In other words, taking the wife back does not mean renewal of marriage for which the woman's consent may be necessary. After being unanimous so far, the jurists about different opinions about the method of taking the wife back.
According to the Shafe'is, return can take place only by the oral word, not by conduct. If the husband dces not say with the tongue that he has taken the wife back, no act of intercourse or intimacy even if performed with the intention of resuming marital relationship, will be considered resumption of the relationship. Rather in this case seeking of every kind of enjoyment. from the woman is unlawful even if it is without lust. But there is no bar on having sexual intercourse with the woman, who has been divorced revocable, for the scholars are not agreed on its being unlawful. However, the one who believes in its being unlawful will be punishable. Furthermore, according to the Shafe'i viewpoint, it i
65.3. Wayarzuqhu min haythu la yahtasibuwaman yatawakkal AAala Allahi fahuwa hasbuhuinna Allaha balighu amrihi qad dschaAAala Allahulikulli schay-in qadran
65.3. And will provide for him from (a quarter) whence he hath no expectation. And whosoever putteth his trust in Allah, He will suffice him. Lo! Allah bringeth His command to pass. Allah hath set a measure for all things. (Pickthall)
65.3. Und Er versorgt ihn, von wo er nicht damit rechnet, und wer auf Allah vertraut, so ist Er sein Genüge, Allah erreicht ja Seine Sache, Allah hat schon für alles ein Maß gemacht. (Ahmad v. Denffer)
65.3. und gewährt ihm Versorgung, von wo (aus) er damit nicht rechnet. Und wer sich auf Allah verläßt, dem ist Er seine Genüge. Allah wird gewiß (die Durchführung) seine(r) Angelegenheit erreichen. Allah legt ja für alles ein Maß fest. (Bubenheim)
65.3. und gewährt Gaben, von wo er sie nicht erwartet. Wer sich auf Gott verlässt, dem genügt Er. Gott setzt Seinen Willen durch. Für alles hat Gott Maß und Zeit bestimmt. (Azhar)
65.3. und gewährt ihm Rizq von da, womit er nicht rechnet. Und wer ALLAH gegenüber Tawakkul übt, so genügt ER ihm. Gewiß, ALLAH wird Seiner Anweisung zur Geltung verhelfen. Bereits machte ALLAH für jede Sache etwas Bestimmtes. (Zaidan)
65.3. und beschert ihm, ohne daß er damit rechnet (den Lebensunterhalt). Und wer auf Allah vertraut, läßt sich an ihm genügen. Allah erreicht, was er will. Er hat allem (sein) Maß (und Ziel) gesetzt. (Paret)
65.3. und versorgt ihn in der Art und Weise, mit der er nicht rechnet. Und wer auf Allah vertraut - für den ist Er sein Genüge. Wahrlich, Allah setzt durch, was Er will; siehe Allah hat für alles eine Bestimmung gemacht. (Rasul)
Tafsir von Maududi für die Ayaat 3 bis 3
With this you are admonished, (and) whoever believes in Allah and the Last Day. ( 8 ) Whosoever fears Allah in whatever he does, Allah will open for him away out of the difficulties ( 9 ) and will provide for him from whence he could little imagine. ( 10 ) And whoever trusts in Allah, He is enough for him. Allah brings His decrees to fulfilment. ( 11 ) Allah has appointed a destiny for everything.
Desc No: 8 These words clearly show that the instructions given above are in the nature of advice and not law. If a matt pronounces divorce against the approved method as explained above, or fails to reckon the waiting-period accurately. or expels the wife from the house without a good reason, or returns to her at the end of the waiting-period only to harass her, or sends her away after a quarrel, or fails to call the men to witness the divorce, reconciliation, or separation, if will not affect the legal effects of divorce or reconciliation or separation at all. However, his acting against Allah's advice would be a proof that his heart was devoid of the taste faith in Allah and the Last Day. That is why he adopted a course which a true believer would never adopt.
Desc No: 9 The context itself shows that here "fearing Allah in whatever one does" means to pronounce divorce in accordance with the approved method taught by the Sunnah to reckon the waiting-period accurately, to avoid turning the wife out of the house, to take the wife back if one decides to keep her, at the expiry of the waiting-period with the intention of keeping her equitably and to send her away in a fait; manner if one decides to part with her, and to call two just men to witness the divorce, reconciliation or separation, as the case be. In respect of this, Allah says that whoever acts in fear of Him, He will open for him a way out of the difficulties This automatically gives the meaning That whoever does not fear Allah in these matters, will create for himself such complications and difficulties from which he will find no way out.
A study of these words clearly shows that the view of those who hold that the irregular (bid i) form of divorce does not take place at all, and of those who regard a triple divorce pronounced at once or during the same period of purity as a single divorce, is not correct. For if an irregular form of divorce does not take place at all, it does not create any complication from which one may have to find a way out; and if only a single divorce takes place when one has pronounced three divorces at once, then also there arises no need for a person to seek a way out of a difficulty or complication.
Desc No: 10 It means: "Keeping the divorced wife in the house during the waitingperiod, to maintain her and to pay her the dower, or something in addition, at departure certainly burdens a man financially. To spend on a woman whom one has already decided to send away because of strained relations will surely be irksome, and if the man is also poor, this expenditure will further pinch him. But a man who fears Allah, should endure all this gracefully. Allah is not niggardly as the people are. If a person spends his wealth in accordance with His law, He will provide for him in a manner beyond all expectations."
Desc No: 11 That is, there is no power that can prevent Allah's decree from enforcement.
65.4. Waalla-ii ya-isna mina almahiidimin nisa-ikum ini irtabtum faAAiddatuhunna thalathatuaschhurin waalla-ii lam yahidna waolatual-ahmali adschaluhunna an yadaAAna hamlahunnawaman yattaqi Allaha yadschAAal lahu min amrihi yusran
65.4. And for such of your women as despair of menstruation, if ye doubt, their period (of waiting) shall be three months along with those who have it not. And for those with child, their period shall be till they bring forth their burden. And whosoever keepeth his duty to Allah, He maketh his course easy for him. (Pickthall)
65.4. Und diejenigen, welche von euren Frauen ohne Erwartung der Menstruation sind, wenn ihr Zweifel habt, so ist ihre Wartezeit drei Monate, und derjenigen, die nicht menstruieren, - und bei solchen mit Schwangerschaft ist ihre Frist, daß sie von ihrer Schwangerschaft entbinden, und wer Allah fürchtet, für den macht Er es leicht mit seiner Sache. (Ahmad v. Denffer)
65.4. Und diejenigen von euren Frauen, die keine Monatsblutung mehr erwarten, wenn ihr im Zweifel seid, so ist ihre Wartezeit drei Monate; und ebenso derjenigen, die (noch) keine Monatsblutung haben. Diejenigen, die schwanger sind - ihre Frist ist (erreicht), wenn sie mit dem niederkommen, was sie (in ihren Leibern) tragen. Und wer Allah fürchtet, dem schafft Er in seiner Angelegenheit Erleichterung. (Bubenheim)
65.4. Für eure Frauen, die keine Menstruation mehr erwarten, beträgt die Wartezeit drei Monate, wenn ihr Zweifel hegt. Die gleiche Wartezeit gilt für Frauen, die noch keine Menstruation haben. Für die Schwangeren endet die Wartezeit mit der Entbindung. Wer Gott fürchtet, dem macht Gott alles leicht. (Azhar)
65.4. Und diejenigen von euren Ehefrauen, die keineMenstruation mehr erwarten - solltet ihr Zweifel haben - so ist ihre 'Idda drei Monate lang, ebenso für diejenigen, die noch keine Menstruation hatten. Und für die Schwangeren - deren Frist endet, wenn sie 3 entbunden haben. Und (wer) Taqwa gemäß ALLAH gegenüber handelt, dem gewährt ER in seiner Angelegenheit Erleichterung. (Zaidan)
65.4. Und wenn ihr bei denjenigen von euren Frauen, die keine Menstruation mehr erwarten, (irgendwelche) Zweifel hegt, soll ihre Wartezeit (im Fall der Ehescheidung) drei Monate betragen. Ebenso bei denen, die (ihres jugendlichen Alters wegen noch) keine Menstruation gehabt haben. Und bei denen, die schwanger sind, ist der Termin (maßgebend), an dem sie zur Welt bringen, was sie (als Frucht ihres Leibes in sich) tragen. Wenn einer gottesfürchtig ist, schafft Allah ihm von sich aus Erleichterung. (Paret)
65.4. Wenn ihr Zweifel hegt (über) jene eurer Frauen, die keine Menstruation mehr erhoffen, (dann wisset, daß) ihre Frist drei Monate beträgt, und (das gleiche gilt für) diejenigen, die noch keine Menstruation gehabt haben. Und für die Schwangeren soll die Frist solange dauern, bis sie zur Welt bringen, was sie getragen haben. Und dem, der Allah fürchtet, wird Er Erleichterung in seinen Angelegenheiten verschaffen. (Rasul)
65.5. That is the commandment of Allah which He revealeth unto you. And whoso keepeth his duty to Allah, He will remit from him his evil deeds and magnify reward for him. (Pickthall)
65.5. Dies ist der Befehl Allahs, Er hat ihn zu euch herabgesandt, und wer Allah fürchtet, von dem nimmt Er seine Schlechtigkeiten weg und gewährt ihm gewaltige Belohnung. (Ahmad v. Denffer)
65.5. Das ist Allahs Anordnung, die Er zu euch (als Offenbarung) herabgesandt hat. Und wer Allah fürchtet, dem tilgt Er seine bösen Taten und dem gewährt Er großartigen Lohn. (Bubenheim)
65.5. Das ist Gottes Vorschrift, die Er euch herabgesandt hat. Wer Gott fürchtet, dem tilgt Gott die schlimmen Taten, und dem erhöht Er den Lohn. (Azhar)
65.5. Dies ist ALLAHs Anweisung, die ER euch hinabsandte. Und wer Taqwa gemäß ALLAH gegenüber handelt, dem vergibt ER seine gottmißfälligen Taten und macht für ihn die Belohnung gewaltig. (Zaidan)
65.5. Das ist die Anordnung (amr) Allahs, die er (als Offenbarung) zu euch herabgesandt hat. Wenn einer gottesfürchtig ist, tilgt Allah ihm (dereinst) seine schlechten Taten und gibt ihm gewaltigen Lohn. (Paret)
65.5. Das ist Allahs Befehl, den Er euch herabgesandt hat. Und wer Allah fürchtet - Er wird seine Übel von ihm nehmen und ihm einen würdigen Lohn geben. (Rasul)
Tafsir von Maududi für die Ayaat 4 bis 5
And if you are in doubt about those of your women who have despaired of menstruation , (you should know that) their waiting period is three months, ( 12 ) and the same applies to those who have not menstruated as yet. ( 13 ) As far as pragnant women, their period ends when they deliver the burden. ( 14 ) Whoever fears Allah, He makes his course easy for him. This is Allah's Command which He has sent down to you. Whoever fears Allah, Allah will remove his evils from him and will enhance his rewards. ( 15 )
Desc No: 12 This is in respect of the women who no longer menstruation and have reached menopause because of age. Their waiting-period will be reckoned from the day divorce was pronounced on them and three months imply three lunar months. If divorce was pronounced at the commencement of the lunar month. it is agreed that the waiting-period will be reckoned with regard to the sighting of the new moon; and if it was pronounced somewhere in the middle of the month, according to Imam Abu Hanifah, three months will have to be completed reckoning each month of 30 days. (Badai' as-Sami ).
As for the women whose courses are irregular due to sonic reason, the jurists have held different opinions:
Hadrat Sa'id bin al-Musayyab says that Hadrat `Umar ruled: "If the woman who has been divorced stops having menses after having them once or twice after the divorce, she will wait for 9 months. If signs of pregnancy appear, well and good, otherwise after the passage of 9 months, she should observe the waiting-period of three additional months. Then she would be lawful for marriage to another person.
Ibn 'Abbas, Qatadah and `Ikrimah say that the waiting-period of the woman who has not menstruated for a year, is three months.
Ta'us says that the waiting-period of the woman who menstntates once in a year, is three mensturations. This very opinion has been reported from Hadrat 'Uthman, Hadrat 'Ali and Hadrat Zaid bin Thabit.
Imam Malik relates that a person Habban by name divorced his wife during the period when she was suckling her child. A year passed on it, but she did not have the menses. Then the man died. The divorced wife laid claim to inheritance. The case came before Hadrat `Uthman. He consulted with Hadrat 'AIi and Hadrat Zaid bin Thabit, and gave the decision that the woman was an heiress. The .argument given was that the woman was neither of those women a who might have desaired of menstruation, nor of those girls who may not have menstruated yet: therefore, up till the husband's death she was on the menses she had discharged last, and had still to pass her waiting-period.
The Hanafis say that the waiting-period of the woman, who no longer menstruates, which may not be on account of menopause so that there may be no hope of her having it later will either be reckoned from the menstnration if she has it in the future, or in accordance with the age at which women generally reach menopause, and after attaining that age she will pass three months of the waitingperiod in order to be released from the marriage bond. The same opinion is held by Imam Shafe'i. Imam Thauri and Imam Laith, and the same also is the view of Hadrat 'Umar Hadrat 'Uthman and Hadrat Zaid bin Thabit.
Imam Malik has adopted the view of Hadrat 'Umar and Hadrat 'Abdullah bin 'Abbas and it is this: The woman will first pass nine months. If she dces not have her menses during thin period, she will pass three months of the waiting-period like like the woman who has despaired of menstruation, Ibn al-Qasim explaining the viewpoint of Imam Malik says: The period of nine months will be reckoned from the day she became free from the previous menstrual discharge and not from the day divorce was pronounced on her. (AlI these have been taken from al-Jassas, Ahkam al-Qur'an and al-Kasani, Badai as-Sana`i).
Imam Ahmad bin Hanbal says that if the woman whose waiting-period started from menstnration despairs of menstnration during the waiting-period, she will be required to pass the waiting-period of the menopausal woman and not of the women who menstruate regularly. And if she stops menstruating and the cause of the cessation is unknown, she will first pass nine months in the doubt of pregnancy, and then will have to complete three months of the waiting-period, And if the cause of the cessation of the menses becomes known, e.g. a disease, or suckling, or some other cause, she will lie in the waiting-period till the tithe that either she starts having the menses again so that the waiting-period may be reckoned in accordance with the courses, or she reaches menopause and may pass the waiting-period of the menopausal woman. (Al-Insaf).
Desc No: 13 They may not have menstruated as yet either because of young age, or delayed menstrual discharge as it happens in the case of some women, or because of no discharge at all throughout life which, though rare, may also be the case. In any case, the waiting-period of such a woman is the same as of the woman, who has stopped menstruation, that is three months from the time divorce was pronounced.
Here, one should bear in mind the fact that according to the explanations given in the Qur'an the question of the waiting period arises in respect of the women with whom marriage may have been consummated, for there is no waiting-period in case divorce is pronounced before the consumation of marriage. (Al-Ahzab: 49). Therefore, making mention of the waiting-period for the girls who have not yet menstruated, clearly proves that it is not only permissible to give away the girl in marriage at this age but it is also pemssible for the husband to consummate marriage with her. Now, obviously no Muslim has the right to forbid a thing which the Qur'an has held as permissible.
The girl who is divorced in the state when she has not yet menstruated and then she starts having the menses during the waiting-period, will reckon her waiting-period from the same mentruation and her waiting-period will be reckoned just like the woman who menstruates regularly.
Desc No: 14 The consensus of scholarly opinion is that the waiting-period of the pregnant divorced woman is till child birth. But a difference of opinion has occurred about whether the same also applies to the woman whose husband may die during her pregnancy. The dispute has arisen because in Al-Baqarah: 234 the waiting-period of the woman whose husband dies has been laid down as four months and ten days, and there is no mention whatever whether this injunction applies to all widows generally or only to those who are not pregnant,
Hadrat 'Ali and Hadrat `Abdullah bin 'Abbas, reading both these verses together, have drawn the rule that the waiting-period of the pregnant divorced woman is till child-birth, but that of the pregnant widow is the longer of the two periods, whether it be of the divorced woman or of the pregnant woman. For example, if delivery takes place before four months and ten days, she will have to observe a waiting period of four months and ten days, and if it dces not take place till then, her waiting period will come to an end at delivery. The same is the viewpoint of the Imamiah sect of the Shi'as.
Hadrat 'Abdullah bin Mas'ud says that this verse of Surrah At-Talaq was sent down after the verse of Surah Al-Baqarah; therefore, the later injunction has made the earlier injunction particularly applicable to the non pregnant widow, and has laid down the waiting-period of every pregnant woman as till child birth, whether she is divorced or widowed, Accordingly, whether delivery takes place immediately after the husband's death, or takes longer than four months and ten days, the woman's waiting-period in any case will come to an end at the birth of the child. This view is supported by this tradition of Hadrat Ubayy bin Ka'b. He says, "When this verse of Surah At Talaq came down, I asked the Holy Prophet 1 upon whom be Allah 's peace): Is it both for the divorced woman and for the widow?" The Holy Prophet replied: "Yes." In another tradition the Holy Prophet further explained it thus: "The waiting period of every pregnant woman is till child-birth." (Ibn Jarir, Ibn Abu Hatim. Ibn Hajar says that although its reliability is questionable, yet as it has been related through several chains of transmitters, one has to admit that it has some basis). More than that, it is further confirmed by the incident concerning Subai'ah-i Aslamiyyah which occurred in the sacred time of the Holy Prophet (upon whom be Allah's peace) himself. She became a widow during her pregnancy and a few days after her husband's death (according to some traditions 20 days, according to others 23 days. 25 days, 40 days or 35 days) she delivered her burden. The Holy Prophet was asked for his ruling concerning her and Ire permitted her to re-marry. This incident has been related by Bukhari and Muslim in different ways on the authority of Hadrat Umm Salamah. This same incident has been related by Bukhari Muslim, Imam Ahmed Abu Da'ud, Nasa`i and Ibn Majah with different chains of transmitters on the authority of Hadrat Miswar bin Makhramah also. Muslim has cited this statement of Subai'ah-i Aslamiyyah herself: 'I was the wife of Hadrat Sa'd bin Khawalah. He died during the Farewell Pilgrimage when I was pregnant. A few days after his death I gave birth to a child. A man told me that I could not remarry before the expiry of four months and ten days. I went and asked the Holy Prophet (upon whom be Allah's peace) and he gave the verdict: You have become lawful as soon as you gave birth to the child: you can re-marry if you so like'." This tradition has been related briefly by Bukhari also.
This same viewpoint has been reported from a large number of the Companions. Imam Malik, Imam Shafe'i, 'Abdur Razzaq, Ibn Abi Shaibah and Ibn al-Mundhir have related that when Hadrat `Abdullah bin `Umar was asked concerning the pregnant widow, he replied that her waiting-period is till childbirth. At this a man from among the Ansar confirmed, saying: "Hadrat `Umar had said that even if the deceased husband had not yet been buried,and his body still lay on bed in the house and his wife gave birth to a child, she would become pure and lawful for remarriage." The same opinion was held by Hadrat Abu Hurairah, Hadrat Abu Mansur Badri and Hadrat `A'ishah, and the same has been adopted by the four Sunni Imams and the other early jurists.
The Shafe`is say that if the pregnant woman has more children than one in her womb, her waiting-period will come to an end at the -birth of the last child; even if it is still born, the waiting-period will expire at its birth. In case of abortion, if the mid-wives, on the basis of their knowledge and experience, state that it was not merely a piece of flesh but had human form, or that it was not a tumour but a human embryo, their statement will be admitted and the waiting period will expire. (Mughni, al-Muhtaj). The viewpoint of the Hanbalis and the Hanafis is also very close to it. But in case of abortion, their viewpoint is that unless the human form is clearly visible, the mid-wives' statement that it is human embryo, will not be admitted and this will not bring the waiting-period to an end. (Bade ias-Sane i; AI-Insaf). But in the modem times by means of medical investigation it can be easily ascertained whether what has been expelled from the womb was actually something of the nature of human foetus or a kind of tumour or congealed blood. Therefore, whenever it is possible to obtain expert medical opinion, it can be easily decided whether what is described as abortion, was really abortion or not, and whether it has brought the waiting-period to an end or not. However, in cases when such medical investigation is not possible, the viewpoint of the Hanbalis and the Hanafis itself is preferable and it is not fit to rely on the ignorant mid-wives.
Desc No: 15 Although this is a general exhortation which applies to all matters and conditions of human life, yet in this particular context the object is to warn the Muslims to follow the Commands mentioned above in fear of God, no matter what responsibilities they may have to shoulder in consequence thereof, for as a reward for this Allah will remove their ills and will forgive their sins and will enhance their rewards in the Hereafter. Obviously, the waiting-period of the divorced woman whose term has been prescribed as three months, will be longer than that of the woman whose term has been appointed as three menstruation, and the tern of the pregnant woman may be several months longer. To shoulder the responsibility of the maintenance and lodging of the woman whom a man may have decided to give up, during this whole period, will be an unbearable burden for the people, but Allah's promise is that He will lighten the burden that is borne in fear of Him and in following His Command, by His special bounty and grace, and will reward the person much more generously and richly in comparison to the small burden borne by him in the world.
65.6. Askinuuhunna min haythu sakantum minwudschdikum wala tudarruuhunna litudayyiquuAAalayhinna wa-in kunna olati hamlin faanfiquuAAalayhinna hatta yadaAAna hamlahunnafa-in ardaAAna lakum faatuuhunna odschuurahunnawa/tamiruu baynakum bimaAAruufin wa-in taAAasartum fasaturdiAAulahu okhra
65.6. Lodge them where ye dwell, according to your wealth, and harass them not so as to straiten life for them. And if they are with child, then spend for them till they bring forth their burden. Then, if they give suck for you, give them their due payment and consult together in kindness; but if ye make difficulties for one another, then let some other woman give suck for him (the father of the child). (Pickthall)
65.6. Laßt sie wohnen, wo ihr wohnt, nach eurer Lage, und tut ihnen keinen Schaden an, daß ihr sie bedrängt, und wenn sie in einer Schwangerschaft sind, so gebt aus für sie, bis sie von ihrer Schwangerschaft entbunden haben, und wenn sie für euch stillen, so gebt ihnen ihre Entschädigungen und beratschlagt zwischen euch auf rechte Weise, und wenn ihr miteinander in Schwierigkeiten seid, so wird für ihn eine Andere stillen, (Ahmad v. Denffer)
65.6. Laßt sie dort wohnen, wo ihr (selbst) wohnt, von dem, was ihr euch leisten könnt. Und fügt ihnen keinen Schaden zu, um sie in die Enge zu treiben. Und wenn sie schwanger sind, dann gebt für sie (das Nötige) aus, bis sie mit dem niederkommen, was sie (in ihren Leibern) tragen. Wenn sie für euch (das Kind) stillen, dann gebt ihnen ihren Lohn, und beratet untereinander (darüber) in rechtlicher Weise. Wenn ihr aber einander Schwierigkeiten bereitet, dann wird (das Kind) für ihn eine andere stillen. (Bubenheim)
65.6. Lasst sie, euren Möglichkeiten entsprechend, in einem Teil eurer Wohnstätten wohnen. Ihr sollt sie nicht belästigen, um sie in der Wohnstätte zu beengen. Wenn sie schwanger sind, kommt ihr für ihren Unterhalt auf, bis sie gebären. Wenn sie eure Kinder stillen, habt ihr ihnen ihre Aufwendungen zu entrichten. Beratet darüber miteinander auf würdige Weise, wie es Brauch ist. Wenn ihr euch aber nicht einigen könnt, so soll eine andere Frau das Kind stillen. (Azhar)
65.6. Lasst sie wohnen, wo ihr wohnt, eurem Vermögen nach! Und tut ihnen nichts Schädigendes an, um sie zu bedrängen. Und sollten sie schwanger sein, dann gewährt ihnen Unterhalt, bis sie entbunden haben. Und wenn sie für euch stillen, dann gebt ihnen ihren Lohn. Und ruft euch gegenseitig zum Gebilligten auf. Und wenn ihr Schwierigkeiten miteinander habt, so wird für ihn eine andere stillen. (Zaidan)
65.6. Laßt die (entlassenen) Frauen (während ihrer Wartezeit) da wohnen, wo ihr (selber) gemäß euren Mitteln wohnet (min wudschdikum)! Schikaniert sie nicht in der Absicht, sie (im Wohnraum) zu beengen! Und wenn sie schwanger sind, dann macht (die nötigen) Ausgaben für sie, bis sie zur Welt gebracht haben, was sie (als Frucht ihres Leibes in sich) tragen! Wenn sie für euch (gemeinsame Kinder von euch) stillen, dann gebt ihnen ihren Lohn! Und beratet euch miteinander in rechtlicher Weise! Und wenn ihr einander Schwierigkeiten macht, dann soll eine andere Frau (das Kind) für den (betreffenden) Mann stillen. (Paret)
65.6. Laßt sie wohnen, wo ihr wohnt, gemäß euren Mitteln; und tut ihnen nichts zuleide in der Absicht, es ihnen schwer zu machen. Und wenn sie schwanger sind, so bestreitet ihren Unterhalt, bis sie zur Welt bringen, was sie getragen haben. Und wenn sie (das Kind) für euch stillen, (dann) gebt ihnen ihren Lohn und geht gütig miteinander um; wenn ihr aber Schwierigkeiten miteinander habt, dann soll eine andere (das Kind) für den (Vater) stillen. (Rasul)
Tafsir von Maududi für die Ayaat 6 bis 6
Lodge them (in the waiting-period) where you yourselves live, according to your means, and do not harass, them so as to straiten them. ( 16 )
Desc No: 16 The jurists are agreed that if the woman has been divorced revocable, the husband is responsible for her lodging and maintenance; they are also agreed that if the woman is pregnant, the husband will bear the responsibility of her lodging and maintenance till child-birth whether she has been divorced revocable or irrevocably. However, the difference of opinion has arisen about whether the non-pregnant woman who has been divorced irrevocably is entitled to both lodging and maintenance, or only to lodging, or to neither.
One group says that she is entitled to both lodging and maintenance. This is the opinion of Hadrat 'Umar, Hadrat 'Abdullah bin Mas'ud, Hadrat 'Ali bin Husain (Imam Zain al-'Abidin), Qadi Shuraih and Ibrahim Nakha'i. The same has been adopted by the Hanafis, and the same also is the viewpoint of Imam Sufyan Thauri and Hasan bin Saleh. This is supported by the Hadith of Daraqutni in which Hadrat 'Abdullah bin Jabir reports that the Holy Prophet (upon whom be peace) said: 'The woman who has been divorced thrice has a right to lodging and maintenance during the waiting-period. " This is further supported by those traditions in which it has been reported that Hadrat 'Umar had rejected the Hadith of Fatimah bint-Qais, saying: We cannot abandon the Book of Allah and the Sunnah of our Prophet on the word of a woman. " This shows that the Sunnah of the Holy Prophet (upon whom be Allah's peace) in the knowledge of Hadrat 'Umar must be that such a woman is entitled to both maintenance and lodging. Furthermore in a tradition from Ibrahim Nakha'i there is the explanation that Hadrat Umar rejecting the Hadith of Fatimah bint-Qais, had said: "I havc heard the Holy Prophet (upon whom be Allah's peace) say that such a woman has a right to lodging as well as to maintenance." The first argument that Imam Abu Bakr alJassas has given in his discussion of this question in his Ahkam al-Qur an is that Allah has explicitly said: "Divorce them for their prescribed waiting periods." This Divine Command also applies to that person who might have taken his wife back after divorcing her twice in the first instance, and no v he is left with only one divorce to pronounce." His second argument is: "When the Holy Prophet 1 upon whom be peace) taught this method of pronouncing divorce that one should either pronounce divorce in such a period of purity in which one may not have had sexual intercourse, or in a state when the signs of a woman's being pregnant might havc appeared. In this he did not make any distinction between the first, second, or final divorce. Therefore, the Divine (Command, '`Lodge them (in the waitingperiod) where you yourselves live," will be regarded as relevant to every form of divorce." His third argument is; "The maintenance and lodging of the pregnant woman, whether divorced revocable or irrevocably, is binding on the husband, and in respective the non-pregnant revocably divorced woman also both these rights are binding. " This shows that the maintenance and lodging have not been made incumbent on the basis of pregnancy but because both are legally bound to stay in the husband's house. Now, if the same injunction be applicable to the irrevocably divorced non-pregnant woman also, there can be no reason why her lodging and maintenance should not be incumbent on the man divorcing her.
The second group says that the irrevocably divorce woman has a right to lodging but not to maintenance. This is the viewpoint of Sa'id bin al-Musayyab, Suleman bin Yasar, 'Ata`, Sha`bi, Auza'i, Laith and Abu 'Ubaid (may Allha bless them ), and Imam Shafe' i and Imam Malik also have adopted the same. But in Mughni al-Muhtaj a different viewpoint of Imam Shafe`i has been stated as will be explained below.
The third group say that the irrevocably divorced woman is neither. entitled to lodging nor to maintenance. This is the viewpoint of Hasan Basri, Hammad Ibn Laila, 'Amr bin Dinar, Ta'us, Ishaq bin Rahawaih and Abu Thaw. Ibn Jarir has cited this very viewpoint as of Hadrat Ibn, Abbas, Imam Ahmad bin Hanbal and the Imamiah sect of the Shi'as also have adopted the same, and in Mughni a/-Muhtaj the viewpoint of the Shafe`is also has been stated to be this: 'The woman who is passing her waiting-period on the basis of divorce has an obligatory right to lodging, whether she is pregnant or not, but for the woman who has been irrevocably divorced, it is not obligatory. And for the non-pregnant irrevocably divorced woman there is neither maintenance nor clothing." This viewpoint in the first place is based on this verse of the Qur'an: "You do not know: Allah may after this bring about a situation (of reconciliation)." .From this they conclude that this could be correct only about a revocably divorced woman, and not about an irrevocably divorced one. Therefore, the Command of lodging the divorced woman in the house is specifically applicable only to the revocably divorced woman. Their second reasoning is from the Hadith of Fatimah bint-Qais, which has been reported in the collections of Hadith through many authentic channels.
This Fatimah bint-Qais al-Fihriyyah was one of the earliest Emigrants. She was esteemed for her wisdom and sagacity, and the consultative body of the Companions on the occasion of Hadrat 'Umar's martyrdom had met together at her house. She was first married. to Abu `Amr bin Hafs bin al-Mughirah al-Makhzumi after she was separated by him by three divorces, the Holy Prophet (upon whom be Allah's peace ) married her to Hadrat Usamah bin Zaid. According to reports, her husband, Abu `Amr had pronounced two divorces on her. Then, when he was sent to Yaman along with Hadrat 'Ali, he also sent from there the third and final divorce, According to lodge her in the house during the waiting-period and maintain her, according to others, she herself had laid claim to maintenance and lodging. Whatever be the case, the husband's relatives refused to concede her claim. Thereupon she took her case to the Holy Prophet (upon whom be peace), and he gave the decision that she was neither entitled to maintenance nor to lodging, According to a tradition, the Holy Prophet said: "The husband is under obligation to provide maintenance and lodging to the woman only in case he had a right to return to her, but when he had no such right, she was neither entitled to maintenance nor to lodging." (Musnad Ahmad), Tabarani and Nasa'i also have related almost the same tradition, the concluding words of which are to the effect: "But when she is not lawful for him until she marries another man than him, there is neither maintenance for her nor lodging." After giving this decision the Holy Prophet first commanded her to pass her waiting period in the house of Umm Sharik and then told her to stay in the house of Ibn Umm Muktum.
However, the arguments of those who have not accepted this Hadith are as follows:
In the first place, she had been commanded to leave the house of her husband's relatives because she was rude of tongue and they were fed tip with her ill-temper Sa'id bin al-Musayyab says: "This lady by reporting her Hadith has misguided the people. The truth is that she was nide and impudent; that is why she was lodged in the house of Ibn Umm Maktum. " (Abu Daud In another tradition Sa'id bin al Musayyab is reported to have said: "She had been impudent and rude to her husband s relatives; that is why she was commanded to shift from that house" (Al-Jassas) Suleman bin Yasar says 'Her expulsion from the house was hecause of her iII-temper." (Abu Da ud)
Secondly, her tradition was repudiated by Hadrat Umar at a rime when many of the. Canpanions were still living, and the matter could be fully investigated. Ibrahim Nakha'i says: "When this Hadtih of Fatimah reached Hadrat Umar. he said: 'We cannot adandon a verse of the Book of AIiah and a saying of the Messenger of Allah (upon whom be His peace( Because of the saying of a woman, who seems to be conjecturing. I have myself heard the Holy Prophet (upon whom be peace( say that the woman who has been divorced irrevocably is entitled to both lodging and maintenance." (AI-Jassas). Abu Ishaq says: "I was sitting with Aswad bin Yazid in the mosque of Kufah, when Sha'bi made mention of the Hadith of Fatimah bint-Qais. Hadrat Aswad.thereupon threw pebbles at Sha'bi and said: "When in the time of Hadrat 'Umar this tradition of Fatimah was brought to his nonce, he said: 'We cannot cast off the Book of our Lord and the Sunnha of our Prophet on the strength of the tradition of a woman. May be she has forgotten. The woman has a right to maintenance as well as to lodging, for Allah says: 'Do not turn them out of their houses'." This tradition has been reported in Muslim, Abu Da'ud, Tirmidhi and Nasa'i with some variation in wording.
Thirdly, during the reign of Marwan when a dispute arose in respect of the irrevocably divorced woman, Hadrat 'A'ishah had subjected the tradition of Fatimah bint-Qais to severe criticism. Qasim bin Muhammad says: "I asked Hadrat 'A'ishah: 'Don't you know the incident concerning Fatimah?' Shc replied: 'Better not mention the HadIth of Fatimah'." (Bukhari), The words of Hadrat 'A'ishah in the other tradition related by Bukhari are to the effect: "What has happened to Fatimah? Is she not afraid of God?" In the third tradition Hadrat 'Urwah bin Zubair says that Hadrat `A'ishah said: "There is no good for Fatimah in reporting this hadith. "In still another tradition Hadrat 'Urwah says that Hadrat 'A'ishah expressed great indignation against Fatimah and said: "Shc in fact was in an empty house, where she had no sympathizer; therefore, for the sake of her convenience the Holy Prophet instructed her to change her house
Fourthly, this lady was later married to Usamah bin Zaid, and Muhammad bin Usamah says: "Whenever Fatimah made mention of this Hadith, my father would throw at her whatever fell in his hand. " (AI-Jassas). Obviously, had not Hadrat Usamah known that the Sunnah was contrary to what Fatimah said, he could not have felt so annoyed at the mention of this Hadith. " "
65.7. Liyunfiq dhuu saAAatin min saAAatihiwaman qudira AAalayhi rizquhu falyunfiq mimmaatahuAllahu la yukallifu Allahu nafsan illamaataha sayadschAAalu AllahubaAAda AAusrin yusran
65.7. Let him who hath abundance spend of his abundance, and he whose provision is measured, let him spend of that which Allah hath given him. Allah asketh naught of any soul save that which He hath given it. Allah will vouchsafe, after hardship, ease. (Pickthall)
65.7. Daß der Wohlhabende ausgibt von seinem Wohlstand. Und derjenige, dem seine Versorgung abgemessen wurde, so soll er ausgeben von dem, was ihm Allah gegeben hat, Allah mutet keiner Seele zu, außer was Er ihr gegeben hat. Allah wird nach der Schwierigkeit Erleichterung geben. (Ahmad v. Denffer)
65.7. Der Wohlhabende soll entsprechend seinem Wohlstand (die Aufwendungen) ausgeben. Und wem seine Versorgung bemessen (zugeteilt) wurde, der soll (eben) von dem ausgeben, was Allah ihm gegeben hat. Allah erlegt keiner Seele mehr auf als das, was Er ihr gegeben hat. Allah wird nach Schwierigkeit Erleichterung schaffen. (Bubenheim)
65.7. Der Reiche soll seinem Reichtum gemäß ausgeben. Wenn sein Lebensunterhalt beschränkt ist, soll er von dem ausgeben, was Gott ihm beschert hat. Gott fordert von keinem mehr, als was ihm gewährt worden ist. Gott gewährt nach schwierigen Verhältnissen Erleichterung. (Azhar)
65.7. Der Vermögende soll seinem Vermögen nach Unterhalt gewähren! Und wem wenig Rizq gewährt wurde, der soll Unterhalt geben von dem, was ALLAH ihm gewährte. ALLAH obliegt keiner Seele außer, was ER ihr gewährte. ALLAH wird nach der Beengtheit Entspannung machen. (Zaidan)
65.7. Wer über genügend Mittel verfügt, soll die Ausgaben (die er für eine entlassene Frau zu machen hat) dementsprechend reichlich (min sa`atihie) bemessen. Wer dagegen in seinem Lebensunterhalt beschränkt ist, soll von dem (Wenigen) ausgeben, was Allah ihm gegeben hat. Allah verlangt von niemand mehr, als was er ihm gegeben hat. Er wird, nachdem es jemand schwer gehabt hat (ba`da `usrin), Erleichterung schaffen. (Paret)
65.7. Jeder soll aus seiner Fülle ausgeben, wenn er die Fülle hat; und der, dessen Mittel beschränkt sind, soll gemäß dem ausgeben, was ihm Allah gegeben hat. Allah fordert von keiner Seele etwas über das hinaus, was Er ihr gegeben hat. Allah wird nach einer Bedrängnis Erleichterung schaffen. (Rasul)
Tafsir von Maududi für die Ayaat 7 bis 7
And if they are pregnant, spend on them until they deliver their burden. ( 17 ) Then if they suckle (the child) for you, give them their wages, and settle the question of wages) fairly by mutual consultation. ( 18 ) But if you created difficulties for each other (concerning the question of wages). then another woman would suckle the child. ( 19 ) Let the rich man spend according to his means and let the one whose means are restricted, spend out of what Allah has given him. Allah does not burden anyone with more than what He has given him. It may u-ell be that Allah brings about ease after hardship.
Desc No: 17 There is complete consensus that whether the woman has been divorced revocably or irrevocably, her husband is responsible for her lodging and maintenance till child-birth if she is pregnant. However, a difference of opinion has arisen in case the husband of the pregnant woman may have died, irrespective of whether he may have died alter pronouncing the divorce, or May not have pronounced any divorce and the woman may have been widowed during pregnancy this regard, the jurists have expressed the following views: (1) Hadrat 'Ali and Hadrat 'Abdullah bin Mas'ud hold that she has an obligatory , right to maintenance in the husband's un-divided legacy. The same also has been cited as the view of Hadrat 'Abdullah bin 'Umar, Qadi Shuraih, Abul 'Aliyah, Sha'bi and Ibrahim Nakha'i, and a saying of Hadrat 'Abdullah bin 'Abbas also supports the same. (Alusi, AI-Jassas). (2) Ibn Jarir has cited another view of Hadrat 'Abdullah bin 'Abbas to the effect: "If the deceased person has left some inheritance, expenditure should be made on her from the share of the child of her womb; and if he has left no inheritance, the heirs of the deceased should spend on her, for Allah says: 'And the same responsibility for the maintenance of the mother devolves upon the heir'." (AI-Baqarah: 233). (3) Hadrat Jabir bin 'Abdullah, Hadrat 'Abdullah bin Zubair, Hadrat Hasan Basri, Hadrat Sa'id bin al-Musayyab and Hadrat 'Ata' bin Abi Abi Rabah say that there is no maintenance for her in the inheritance of the deceased husband. A third saying from Hadrat 'Abdullah bin 'Abbas also has been cited to be the same. (AI-Jassas) This means that she can meet her expenses from the share of inheritance that she may receive from the husband's legacy, but she has no right of inheritance on the husband's combined legacy, which may burden the other heirs. (4) Ibn Abi Laila says: "Her maintenance in the deceased husband's legacy is as obligatory as is somebody's debt obligatory In his legacy. " (AI-Jassas ). That ii, just as a debt has to be paid out of a combined legacy, so also should her maintenance be paid out of it. (5) Imam Abu Hanifah, Imam Abu Yusuf, Imam Muhammad and Imam Zufar say: "She has neither any right to lodging in the deceased husband's legacy nor to maintenance, for nothing belongs to the deceased after death: whatever remains after him belongs to the heirs. The widowed pregnant woman, therefore, cannot have any maintenance in their property." (Hedayah; AI-Jassas). The same is the viewpoint of Imam Ahmad bin Hanbal (A/-Insaf (6) Imam Shafe`i says: "There is no maintenance for her; but she has a right to lodging (Mughni al-Muhtaj) " His reasoning is based on the incident concerning Furai'ah bint-Malik, sister of Hadrat Abu Sa`id Khudri: when hor husband was put to death, the Holy Prophet (upon whom be Allah's peace) commanded her to pass her waiting-period in the house of her husband. (Abu Da'ud, Nasa'i, Timtidhi). Furthermore, they deduce their view from the tradition of Daraqutni: "Thc Holy Prophet said: there is no maintenance for the widowed pregnant woman." The same is the view of Imam Malik also. (Hashiyah ad-Dusuqi)
Desc No: 18 This Divine Command teaches several important things: (1) That the woman is the owner of her milk; otherwise, obviously she could not be authorised to receive wages for it, (2) that as soon as she becomes tree from the marriage bond with her previous husband at child-birth, she is not legally bound to nurse her child; but if the father desires that she nurse it, and she also is willing for it, she would suckle it and would be entitled to receive the wages; (3) that the father also is not legally bound to have the child suckled only by its mother; (4) that the maintenance of the child is the responsibility of the father; (5) that the mother is best entitled to suckle the child, and the other woman can be employed for suckling only in case the mother herself is not willing for it, or demands too high a wage for the father to pay. The sixth rule that automatically follows is that if the other woman also demands the same wages as the mother, then the mother's right is superior.
The following are the opinions of the jurists in this regard:
Dahhak says: "Thc child's mother is best entitled to suckle it, but she has the option .to suckle it or not, However, if the child dces not take to the new nurse-maid, the mother will be compelled to suckle it." A similar opinion is held by QAtAdah, Ibrahim Nakha`i and Sufyan Thauri. ibrahim Nakha`i adds: "In case another woman is not available for nursing the child, the mother will be compelled to nurse it. (Ibn Jarir). According to Hedayah: "If at the separation of the parents the child has not yet been weaned, it is not obligatory that the mother alone should suckle it. However, if another woman is not available, the mother would be compelled to suckle the child. And if the father says: I shall employ another woman to suckle the child on wages instead of having it suckled by the mother on wages, and if the mother demands the same wages as the other woman, or is Willing to perform the service gratis, the mother's right will be regarded as superior. And if the child's mother demands higher Wages, the father will not be compelled to accede to her demand. "
Desc No: 19 This contains a severe rebuke both for the father and tot the mother. The style clearly shows that if the two do not settle the question of the child's suckling amicably, overlooking the previous bitterness that led to divorce, it is not approved by Allah, The woman has been warned to the effect: "If you demand too high a wage only in order to embarrass the man, the fosterage of the child is not dependent on you alone: some other woman will muse it. " And the man also has lien warned as if to say: 'It would be unfair tt you pressed the mother unjustly only because she was the mother. In this connection. please also see AI-Baqarah: 233 for details. "
65.8. And how many a community revolted against the ordinance of its Lord and His messenger, and we called it to a stern account and punished it with dire punishment, (Pickthall)
65.8. Und wie manche Ansiedlung war anmaßend gegen den Befehl ihres Herrn und Seiner Gesandten, also haben Wir mit ihr abgerechnet, eine harte Abrechnung, und Wir haben sie gestraft, eine abscheuliche Strafe, (Ahmad v. Denffer)
65.8. Und wieviele Städte lehnten sich gegen den Befehl ihres Herrn und Seiner Gesandten auf, worauf Wir sie einer strengen Abrechnung unterzogen und mit entsetzlicher Strafe straften. (Bubenheim)
65.8. Wieviele Städte sind es, die sich den Vorschriften ihres Herrn und Seiner Gesandten widersetzten und die Wir schwer belangten, indem Wir ihnen eine unheimlich qualvolle Strafe auferlegten! (Azhar)
65.8. Und wie viele Ortschaften widersetzten sich der Anweisung ihres HERRN und Seiner Gesandten, dann rechneten WIR mit ihnen ab mit einer harten Abrechnung und peinigten WIR sie eine entsetzliche Peinigung. (Zaidan)
65.8. Wie manche Stadt hat sich über den Befehl ihres Herrn und seiner Gesandten hinweggesetzt (? `atat), worauf wir gehörig mit ihr abrechneten und sie gräßlich (`azaaban nukran) bestraften! (Paret)
65.8. Und so manche Stadt widersetzte sich dem Befehl ihres Herrn und Seiner Gesandten, und Wir zogen sie streng zur Rechenschaft und bestraften sie mit gräßlicher Strafe! (Rasul)