Women divorced before consummation to be provided for, Prayers to God even when in danger, Provision for widows for a year’s stay, Maintenance for divorced women.

Al-Baqarah Verses 236 - 242

لَا جُنَاحَ عَلَيْكُمْ إِنْ طَلَّقْتُمُ النِّسَاءَ مَا لَمْ تَمَسُّوهُنَّ أَوْ تَفْرِضُوا لَهُنَّ فَرِيضَةً وَمَتِّعُوهُنَّ عَلَى الْمُوسِعِ قَدَرُهُ وَعَلَى الْمُقْتِرِ قَدَرُهُ مَتَاعًا بِالْمَعْرُوفِ حَقًّا عَلَى الْمُحْسِنِينَ

“There is no blame on you if ye divorce women while yet ye have not touched them nor settled any dowry on them; but provide for them, the wealthy according to his means and the poor according to his means, a provision with fairness (this is) (the bounded) duty on doers of good” (2:236).

وَإِنْ طَلَّقْتُمُوهُنَّ مِنْ قَبْلِ أَنْ تَمَسُّوهُنَّ وَقَدْ فَرَضْتُمْ لَهُنَّ فَرِيضَةً فَنِصْفُ مَا فَرَضْتُمْ إِلَّا أَنْ يَعْفُونَ أَوْ يَعْفُوَ الَّذِي بِيَدِهِ عُقْدَةُ النِّكَاحِ وَأَنْ تَعْفُوا أَقْرَبُ لِلتَّقْوَىٰ وَلَا تَنْسَوُا الْفَضْلَ بَيْنَكُمْ إِنَّ اللَّهَ بِمَا تَعْمَلُونَ بَصِيرٌ

“And if ye divorce them ere ye have touched them and have already settled a dowry on them, then ye shall give them half of what ye have settled unless they (women) remit it or remiteth it he in whose hands is the marriage knot; and that ye yourselves (voluntarily) remit (the whole) is nigher to righteousness; forget not generosity among yourselves; verily, God beholdeth whatever ye do” (2:237).

حَافِظُوا عَلَى الصَّلَوَاتِ وَالصَّلَاةِ الْوُسْطَىٰ وَقُومُوا لِلَّهِ قَانِتِينَ

“Be strict in observance of prayers; and (in particular) The midmost prayer; and stand ye attent in praying (supplicant) unto God” (2:238).

فَإِنْ خِفْتُمْ فَرِجَالًا أَوْ رُكْبَانًا فَإِذَا أَمِنْتُمْ فَاذْكُرُوا اللَّهَ كَمَا عَلَّمَكُمْ مَا لَمْ تَكُونُوا تَعْلَمُونَ

“And if ye be in fear, (and cannot pray as prescribed) (pray ye) then (as ye may) on foot or riding, but when ye are safe, remember God as He hath taught you (through His Apostle) what ye knew not” (2:239).

وَالَّذِينَ يُتَوَفَّوْنَ مِنْكُمْ وَيَذَرُونَ أَزْوَاجًا وَصِيَّةً لِأَزْوَاجِهِمْ مَتَاعًا إِلَى الْحَوْلِ غَيْرَ إِخْرَاجٍ فَإِنْ خَرَجْنَ فَلَا جُنَاحَ عَلَيْكُمْ فِي مَا فَعَلْنَ فِي أَنْفُسِهِنَّ مِنْ مَعْرُوفٍ وَاللَّهُ عَزِيزٌ حَكِيمٌ

“And those of you who die leaving wives, they shall bequeath for their wives a year’s maintenance without causing them to quit their homes, but if they (the wives) of their own accord quit their homes, there shall be no blame on you in what they may do for themselves in lawful manner; and verily, God is Mighty, Wise” (2:240).

وَلِلْمُطَلَّقَاتِ مَتَاعٌ بِالْمَعْرُوفِ حَقًّا عَلَى الْمُتَّقِينَ

“And for the divorced women (too) (shall) be a provision in fairness; (this is) a duty on those who guard themselves (against evil)” (2:241).

كَذَٰلِكَ يُبَيِّنُ اللَّهُ لَكُمْ آيَاتِهِ لَعَلَّكُمْ تَعْقِلُونَ

“Thus, doth God make clear unto you (for your guidance) His signs that ye may understand” (2:242).

Commentary

Verse 236

‘Faridah’ is the dower commonly called ‘Mahr’ in law. Provision should be made for the woman even though the marriage might not have been consummated. Liberality must be shown to the divorced wife according to the means of the divorcing husband.

Verse 237

‘He in whose hands is the marriage tie’ is apparently the Wali (the guardian i.e. the father or the grandfather) in case the girl is a minor. Some commentators have misinterpreted the individual as the husband himself supposing without any reason that he had paid the dowry in full and thus, entitled to the refund of the half of it. Such an interpretation is unreasonable in view of the fact the right over the dower amount is exclusively and wholly of the wife and in ease the wife be a minor, it will be of the ‘Wali’ or her guardian acting on behalf of his minor ward (the wife).

Besides the right of foregoing any portion or pardoning any part of any payment of any amount will always rightfully lie with the owner to whom the amount is to be paid, The person to receive the amount is the wife and in case of her being a minor, her Wali or guardian. The person to pay is the husband. The pleading will be to the wife or her Wali on behalf of the husband and not to the husband. The correct and logical interpretation of the verse is that either the women (i.e. the wives) if they be majors, of their own free will, forego a part of the dower due to them from their husbands or, in case they be minors, these (i.e. their ‘Auliya’ or guardians) in whose hands is the marital tie, can do it.

The concluding part of verse again speaks very loudly of the nature of a graceful and voluntary compliance with the ordinance which, though it is binding as a law, looks to be a responsibility demanded of the nobility and personal goodness of a Muslim husband to act in piety and with the spirit of mutual charity to each other.

The injunction not to neglect or forget mutual kindness, makes the mutual charitable disposition more imperative, extending it to the limits of more or less an ordinance for the promotion of mutual love between the members of the Brotherhood of the believers in the One True God, Whose mercy and grace everyone has to always crave for.

The mention at the end of the verse of ‘God knowing everything’ is to keep the husband warned against any possible foolish imagination that the individual can ever hide any of his evil intention or wicked action against the divorced wife as in the case of anybody else so that the whole transaction be made with the best of intention on both the sides and of everyone concerned with the affair. ‘Fadl’ means an act of grace or bounty, which an individual is not bound in duty to do, but done voluntarily implying giving of free gifts out of good-will with the best intention, so that the separated or the divorced wife may part with her husband at least consoled of the good-will of the divorcing husband.

According to the Holy Ahl Al-Bayt the ‘Wali’ or the guardian of a woman can only be her father or her paternal grandfather. In the case of the absence of these two, for a minor, the Legal Authority i.e. the ‘Hakim ash-Shara’i’ will be the guardian. (A.P.)

Verse 238

‘Wusta’ middle or the best or the most excellent. Commentators differ as to the exact meaning of this phrase. The weight of the authorities seems to favour interpreting it as the ‘Asr’ or the afternoon prayer, since it is mostly neglected and yet it is most necessary to remember God in the midst of the wordily engagements.

As the word ‘Wasat’ in Verse 143 has been used meaning excellent – ‘Ummat al-Wasat’ some commentators have adopted the meaning as ‘excellent.’ In which case the verse will mean that the prayer must be offered in the excellent form as well as the intention or concentration. Those who interpret in the sense argue thus:

‘Wasat’ is middle and in Verse 143, it has been used in the sense of good, upright, just or equitable (as not being inclined more or less to any other side). It may mean the best as the middle position can only be occupied by one and therefore, there can be no second to it. It is also a universally accepted fact that the word has been used in praise.

‘Qoomu lillahi Qaniteen.’ i.e. stand ye for God while in prayer. This verse prescribes ‘Qunoot’ i.e. the particular prayer one has to recite raising his hand and keeping both his palms in front of the face, standing. Shaafaee has accepted the meaning. (See the next verse).

Some commentators say that the very use of the word ‘Wusta’ is in answer to the charge that prayer in Islam consists merely of some formal movements. Islam’s first rather the foremost aim is to condition the human spirit or soul with the divine attributes. The Holy Qur’an condemns prayer without the spirit of concentration or the presence of the mind of the individual offering the prayer

فَوَيْلٌ لِلْمُصَلِّينَ

“So woe to the praying ones” (107:4).

الَّذِينَ هُمْ عَنْ صَلَاتِهِمْ سَاهُونَ

“Who are unmindful of their prayers” (107:5).

الَّذِينَ هُمْ يُرَاءُونَ

“Who do (good) to be seen” (107:6).

Regularity and method in prayer prescribed by’ Islam has been the great preservant of the institution of the Islamic prayer. Unlike the other religions, prayer is a prescribed, fully regulated and strictly timed system, which is worked daily with the fixed punctuality As a unique characteristic of Islam prayer is not a mere idealism. It is a matter of wonder and surprise that the Christians in the West who are so carefully particular about the regularity in the habits of food for their body, should be so adverse to the fully disciplined formal regularity for the sustenance and the elevation of the soul.

In the other man-made systems of prayer, a sincere and intelligent scrutiny will disclose a total absence of the very faculty or the spirit of supplication. Islam is the only religion which prescribes the regular five times daily exercise of the communion of the human soul with its Creator Lord, even though one should be facing the enemy or even in his death-bed, as long as his consciousness does not give way1.

Verse 239

This refers to the manner in which the prescribed daily prayer is to be performed while in danger. The nature of the prayer is called ‘Salat Al-Kawf’ i.e. the Prayer in Danger. This indicates the great importance Islam gives to prayer to God which is not to be given up under any circumstances. (A.P.)

Verse 240

This verse which enjoins bequest to be made for the maintenance of wives for one year, if they do not leave their homes, has been held to have been abrogated by Verse 235 and Verse 4:12 in which the law of inheritance has been detailed inclusive of wife’s share in the inheritance. Besides there seems to be nothing inconsistent in the verse. However, making of bequest is not obligatory. (A.P.)

The learned authorities of ‘Minhaj as-Sadiqin’ and the ‘Majma’ Al-Bayan’ state the abrogation of this passage by Verse 235 and 4:12 but a deep study of these three verges makes the matter clear that there is no clash between this verse and the other two. Here Qur’an endorses the system of Will or Bequest which is already customary in favour of the widow. Verse 235 fixes only the obligatory period of waiting for a widow, with nothing to do with the widow’s continuing her stay in her husband’s residence at her choice according to the bequest and nor does 4:12 contradict the validity of any such will or bequest.

Verse 4:12 grants the widow her share in addition to the advantages of this verse. These two verses aim at safeguarding the right of the widow and the freedom, or the rights given to the widow reduce the utility of the customary will or bequest. Hence there can be no abrogation of this verse in its strict sense. (A.P.)

Verse 241

This is an additional grant to the dower which must be paid to the wife. All these grants after grants to the wife are a clear proof of Islam’s regard for woman and its concern to protect her rights as well as to see she is fully provided for, to the maximum desirable extent possible.

Here it is asserted that a moderate grant of an enjoyable nature is an obligatory demand on the piety of the husband. This by no means clashes with the passages regarding the prescribed rights in her favour. This verse and Verse 236 are demands on the piety and the clemency of man. The two qualities which Islam expects every Muslim to attain clearly indicate that even in separation the exercise of piety, grace, love, and clemency should not be neglected but should be practised. (A.P.)

Verse 242

Note the word ‘Ayaat’ meaning signs, used here for the ordinances or the laws given. In fact, they are the guiding signs, by getting our lives regulated by these laws, we can surely be wise and achieve our salvation.

The divine signs in legislation or the creation are presented in such vividity that man may apply his thinking and reasoning. Qur’an repeatedly invites man towards this, and this indicates the important part thinking and reasoning plays in human progress according to Islam.

• 1. See the next verse.