65. Surah At-Talaaq

Rule [ 9] وَاللَّائِي يَئِسْنَ مِنَ الْمَحِيضِ مِن نِّسَائِكُمْ إِنِ ارْ‌تَبْتُمْ فَعِدَّتُهُنَّ ثَلَاثَةُ أَشْهُرٍ‌ وَاللَّائِي لَمْ يَحِضْنَ ۚ وَأُولَاتُ الْأَحْمَالِ أَجَلُهُنَّ أَن يَضَعْنَ حَمْلَهُنَّ (And those women from among you who have despaired of [ further ] menstruation, if you are in doubt, their "iddah is three months, as well as of those who have not yet menstruated. As for those having pregnancy, their term [ of "iddah ] is that they give birth to their child…65:4) This verse deals with additional rules pertaining to the waiting-period of divorced women. It subdivides divorced women and their waiting-periods into three different categories. Under normal circumstances, the waiting-period of a divorced woman is three menstrual cycles as mentioned in Surah Al-Baqarah. In the case of women who have stopped menstruating for good on account of advanced age, or due to some disease etc. their "iddah is three months instead of three menstrual cycles. The same is the "iddah of young women who have not yet started menstruating on account of being under age. The "iddah for women who are pregnant at the time of divorce continues until they give birth to their child irrespective of the length of the period. The words o (if you are in doubt) refer to the doubt or confusion such women may have because the real "iddah is counted on the basis of menstruation, but these women's menstruation has ceased, so they are doubtful about how to count their 'iddah. وَمَن يَتَّقِ اللَّـهَ يَجْعَل لَّهُ مِنْ أَمْرِ‌هِ يُسْرً‌ا (And whoever fears Allah, He brings about ease for him in his affair….65:4) The verse further speaks of the virtues and blessings of taqwa in that whoever has taqwa, Allah will make matters easy for him in this world as well as in the next world.

Then the verse emphasises strict adherence to the above laws pertaining to divorce and waiting-period, thus: ذَٰلِكَ أَمْرُ‌ اللَّـهِ أَنزَلَهُ إِلَيْكُمْ (This is the command of Allah that He has sent down to you...5) After this, the verse again draws attention to another virtue of taqwa. وَمَن يَتَّقِ اللَّـهَ يُكَفِّرْ‌ عَنْهُ سَيِّئَاتِهِ وَيُعْظِمْ لَهُ أَجْرً‌ا (Arid whoever fears Allah, He will write off his evil deeds, and will give him a huge reward...65:5) Five Blessings of taqwa The merits and blessings of taqwa mentioned in the above verses may be summarised in five things: [ 1] He who has taqwa will be given a way out of difficulties and adversities; [ 2] He will be provided with all his needs from resources that he does not anticipate or expect; [ 3] Allah will make matters and tasks easy for him; [ 4] Allah will expiate his sins; and [ 5] He will grant him an immense reward. Another blessing of taqwa mentioned by the Holy Qur'an at another place is that a God-fearing person finds it easier to distinguish between right and wrong, thus:إِن تَتَّقُوا اللَّـهَ يَجْعَل لَّكُمْ فُرْ‌قَانًا you fear Allah, He will provide you with a criterion to distinguish between right and wrong...8:29]

The next verses deal with further rules about the waiting period and maintenance of the divorced women and their other rights. أَسْكِنُوهُنَّ مِنْ حَيْثُ سَكَنتُم مِّن وُجْدِكُمْ وَلَا تُضَارُّ‌وهُنَّ لِتُضَيِّقُوا عَلَيْهِنَّ (Provide to them [ the divorced women ] residence where you reside according to your means...65:6) This injunction is related to Rule [ 3] above which states that divorced women must not be expelled from their homes. This verse states the positive aspect of the injunction, in that the husbands, according to their means, should let their divorced wives live in some portion of the residence where they themselves live. If the wife is given a revocable divorce, there is no need for any hijab or veil. However, if she is given an irrevocable divorce, whether of minor degree [ ba'in ] or of major degree by pronouncing divorce thrice, then marriage tie stands broken. She is required to be in hijab in the presence of her former husband. Therefore, the arrangement in the residence should be made in such a way that she lives in the same residence with full observance of the rules of hijab. Rule [ 10]: Do not Hurt Divorced Women during their "iddah لَا تُضَارُّ‌وهُنَّ (...and do not hurt them to straighten [ life ] for them...65:6) This verse sets down that all the possible needs of a divorced woman must not be harassed by taunts or by curtailing her needful things, so that she is compelled to leave the home. Rule [ 11]: Maintenance of Divorcees during their "iddah وَإِن كُنَّ أُولَاتِ حَمْلٍ فَأَنفِقُوا عَلَيْهِنَّ حَتَّىٰ يَضَعْنَ حَمْلَهُنَّ (...And if they are pregnant, spend on them till they give birth to their child...65:6) This verse lays down the rule that if a divorcee is pregnant at the time of divorce, her maintenance is obligatory on the husband. On the basis of this verse, there is a complete consensus of the Ummah on this point. Similarly, if she is not pregnant, and the divorce given to her is revocable, her maintenance too is compulsory on the husband till the expiry of her "iddah. This point too is agreed upon by all the jurists of the Ummah. However, if a wife is given irrevocable divorce, whether a ba'in divorce or the divorce pronounced three times, or if a woman has got her marriage terminated by way of khul' [ got herself separated from the husband for a compensation ], will not have to be maintained by the husband according to Imams Shafi` i (رح) ، Ahmad and others. However, according to Imam Abu Hanifah, her maintenance is also incumbent upon the husband. He argues that just as she is entitled to residence during the term of "iddah as is provided in verse 6, she is entitled to sustenance too. The husbands are obligated to provide them with these necessities of life during "iddah. This is further supported by those Traditions in which it has been reported that when Sayyidna ` Umar ؓ heard the report of Fatimah bint Qais who claimed that her husband was not obligated to maintain her after divorce, he said: "We cannot abandon the Book of Allah and the Sunnah of the Prophet ﷺ ، on the basis of this narration. [ Muslim ] The Book of Allah' apparently refers to this verse (6). According to Sayyidna ` Umar ؓ ، the verse includes maintenance. 'Sunnah' refers to the Tradition reported by Sayyidna ` Umar ؓ himself and transmitted by Tahawi, Darqutni and Tabarani. Sayyidna ` Umar ؓ reports that he heard the Messenger of Allah ﷺ say that women divorced by three pronouncements are also entitled to maintenance and lodging. The details are available in Tafsir [ Mazhari ]. Rule [ 12]: Fees for Suckling the Child فَإِنْ أَرْ‌ضَعْنَ لَكُمْ فَآتُوهُنَّ أُجُورَ‌هُنَّ (...Then if they suckle the child for you, give them their fees...65:6). In other words, divorcees who are pregnant, their term of ` iddah ends with the birth of the child. Consequently, their maintenance is not incumbent upon the husband. However, if they are suckling the baby, it is permissible for the mother to claim a fee for suckling the baby from her former husband, and it is incumbent on him to pay it to her, if she claims it. The principle is that as long as the marriage between the parents of the baby is intact, it is the responsibility of the mothers to suckle the children as the Qur'an states (And the mothers suckle their children... 2:233) One cannot receive a fee for an act that is obligatory on him or her, because it amounts to rishwah (bribery) which in itself is unlawful to give or take. The period of "iddah is akin to the marriage in this respect, because the husband is obligated to maintain her, and therefore she cannot claim a fee for suckling a child during this period too. But once she has delivered the baby, her term of "iddah is over and she is absolutely released from the tie of marriage. Consequently, it is not incumbent upon the former husband to maintain her. In this instance, if she suckles the baby, the verse under comment permits giving and taking a payment for the service. Rule [ 13] وَأْتَمِرُ‌وا بَيْنَكُم بِمَعْرُ‌وفٍ (...and consult each other [ for determining the fee ] with fairness...65:6) The word I'timar means 'to consult each other' and 'to accept each other's suggestion'. The verse directs the spouses to avoid any conflict in determining the fee for suckling. The divorced wife should not demand more than the normal rate, nor should the former husband of the divorcee refuse to pay the normal fee. They are advised to settle the issue with mutual understanding and tolerance. Rule/Injunction [ 14] وَإِن تَعَاسَرْ‌تُمْ فَسَتُرْ‌ضِعُ لَهُ أُخْرَ‌ىٰ (...And if you have a deadlock between you, then another woman will suckle him...65:6) In other words, if the husband and wife cannot agree on the fee of suckling with mutual consent, or the wife refuses to suckle the child even for a remuneration, then the mother cannot be forced by a court for the service of suckling. Normally, the mother has the most compassion for the child. Despite this, if she is refusing to suckle him, she probably has a genuine reason for that. If she has no genuine reason, and she is refusing merely on account of anger and displeasure, she is a sinner in the sight of Allah, but an Islamic court cannot force her to do the suckling. Likewise, if the husband, on account of abject poverty, is unable to pay the fee for suckling and a wet-nurse is willing to suckle the child without remuneration or for a lesser fee than what the divorcee mother is demanding, he cannot be forced to agree to the demand of the mother and get her to do the suckling. In fact, in either of the cases it is possible to have the child suckled by the wet-nurse. However, if the fee the mother is demanding is the same as the wet-nurse's remuneration, preference would be given to the mother rather than the wet-nurse. This is a point of consensus between all the Muslim jurists. Ruling If it is agreed that the wet-nurse would do the suckling, it is incumbent that the wet-nurse should do the suckling while the child is in the custody of the mother. It is not lawful to separate the mother and the baby, because the custody of the child is the right of the mother according to the law of Hidanah as stated in the authentic Traditions. It is not permissible to usurp this right from her. [ Tafsir [ Mazhari ].

Rule [ 15]: Quantum of Divorcee's Maintenance لِيُنفِقْ ذُو سَعَةٍ مِّن سَعَتِهِ ۖ وَمَن قُدِرَ‌ عَلَيْهِ رِ‌زْقُهُ فَلْيُنفِقْ مِمَّا آتَاهُ اللَّـهُ (A man of vast means should spend according to his vast means. And anyone whose sustenance is limited should spend from whatever Allah has given to him...65:7) In other words, in determining the quantum of the divorced wife's maintenance the financial position of the husband will be taken into account. If the husband is wealthy, he should spend on his divorcee according to his affluence; and if he is indigent, he should spend according to his limited resources - even if the wife is wealthy. This is the ruling of Imam Abu Hanifah (رح) . Other schools of jurisprudence hold differing views. [ Tafsir Mazhari ] لا يُكَلِّفُ اللَّـهُ نَفْسًا إِلَّا مَا آتَاهَا ۚ سَيَجْعَلُ اللَّـهُ بَعْدَ عُسْرٍ‌ يُسْرً‌ا (Allah makes no one liable beyond what He has given to him. Allah will soon bring ease after a difficulty....65:7) This is an elaboration of the preceding statement, in that Allah does not demand from anyone more than what he can afford. Therefore, if the husband is indigent, it is incumbent upon him to provide for her according to his level of indigence at that time. The wife, on the other hand, is advised to be content, for the time being, with the amount of sustenance her indigent husband is able to provide. She should not think that the present state of indigence will last for all times to come, because ease and difficulty are in the hands of Allah, and as such He can change indigence into affluence. Special Note The verse under comment bears an indication that Allah will create a condition of ease for husbands who try to provide for their wives the obligatory amount of sustenance to the best of their ability, and are not in the habit of keeping their wives under straitened circumstances. [ Ruh-ul-Ma’ ani ] And Allah knows best!

Commentary فَحَاسَبْنَاهَا حِسَابًا شَدِيدًا وَعَذَّبْنَاهَا عَذَابًا نُّكْرً‌ا (so We called them to a severe account, and punished them with an evil punishment...65:8). The severe account and evil punishment of nations mentioned in this verse refers to what will happen in the Hereafter. However, the past tense has been employed presumably to indicate the occurrence of these events is as certain as if it has already been materialised. [ Ruh ]. The other possibility is that the hisab or 'account' in this context does not refer to interrogation, but to the determination of punishment, (in which case it may refer to the punishment faced by the infidels right here in this world.) Another possibility is that the 'severe account' will though take place in the Hereafter, it has already been recorded and is being recorded on daily basis in the ledger of deeds and is therefore described as 'called them to a severe account'. In this interpretation, the 'punishment' refers to the past nations who were destroyed by Divine punishment in this world because they defied Allah's and His Messengers' commandments. In this case, only the next statement أَعَدَّ اللَّـهُ لَهُمْ عَذَابًا شَدِيدًا (Allah has prepared for them a severe punishment...10) would refer to the terrible punishment of the Hereafter.

قَدْ أَنزَلَ اللَّـهُ إِلَيْكُمْ ذِكْرً‌ا رَّ‌سُولًا (Allah has sent down to you a Reminder, a messenger...65:10-11). The verb arsala 'sent' needs to be understood preceding the object rasulan 'a messenger' which appears at the commencement of verse [ 11]. The simplest way in which these verses can be interpreted is to translate them thus: 'Allah has sent down to you a Reminder, (the Qur'an and He has also sent to you) a messenger...65:11) Other commentators have preferred other interpretations. For instance some say that the word dhikr ('Reminder' ) refers to the Holy Prophet ﷺ himself, and the word 'messenger' is an explanatory complement to the word 'dhikr', because abundance of his remembering Allah made him a personified Remembrance of Allah. [ Ruh ] 1 [ 1] This explanation is based on the premise that 'dhikr' in this verse means 'Allah's remembrance'. However, it also means 'reminder'. Taken in this sense, the word 'messenger' in the verse can be easily interpreted as an explanatory complement to the word 'dhikr', because the Holy Prophet is a 'Reminder' to the entire mankind. Our translation in the text is based on this connotation. (Muhammad Taqi Usmani)

Where are the Seven Earths and in at Form? اللَّـهُ الَّذِي خَلَقَ سَبْعَ سَمَاوَاتٍ وَمِنَ الْأَرْ‌ضِ مِثْلَهُنَّ (Allah is the One who has created seven skies, and their like from earth...65:12). This verse indicates that there are seven earths as there are seven heavens, but the question is where these earths are and in what shape or form. Are they in the form of seven layers one above the other, or each earth is separate from the other. If they form layers one above the other, is there a distance between two earths, just as there is a distance between two heavens? Are there separate creatures living on each earth, just as separate types of angels are residing in every heaven? Is there air, wind, atmosphere and so forth on each earth? Or, are these layers of earth joined and compact with each other? The Qur'an is silent on these questions. There are Traditions reported on these questions, but the leading authorities of Traditions disagree about their authenticity. Some scholars have authenticated them and others have graded them as 'fabricated'. Rationally all findings are possible, and none of our religious or mundane needs are dependent on resolving these issues, nor will we be questioned about them in the grave or at Resurrection, so that we need to do research about the seven earths, their locale or their inhabitants. The safest position is to believe that there are seven earths as there are seven skies. Allah has created them with His Supreme Creative Power. Qur'an has mentioned this much only. If the Qur'an did not find it necessary to give a detailed account of it, there is no need for us to think about it or research it. This was the attitude of our pious predecessors. They formulated the following policy ابھموا ما ابھمہ اللہ ـ” Leave unexplained what Allah has left unexplained" as long as it does not contain any injunction for us to follow, nor does it concern our religious or mundane need. This commentary has been written for the common readers. Purely academic issues have not been included here which might not be needed for them. يَتَنَزَّلُ الْأَمْرُ‌ بَيْنَهُنَّ (The Command descend among them...65:12) The verse purports to say that Divine commands and decrees are revealed and work in the seven heavens and in the seven earths. The Divine commands or decrees operate in two ways: [ 1] Tashri` i; and [ 2] Takwini. Tashri’ i command refers to laws Divinely prescribed for people who are legally obligated to observe them. The Divinely legislated laws are revealed through the angels to the Prophets (علیہم السلام) to be passed on to the humans and jinns. These laws pertain to articles of faith, worship, good morals, transactions and way of living. Adherence to them attracts reward and flouting them entails punishment. Takwini laws pertain to the Divine decrees in connection with the creation of the universe or bringing it into existence from the realm of non-existence, its gradual growth and development, its phenomena of depletion and replenishment, and the phenomena of life and death. These decrees encompass the entire Divine creation. Therefore, if it be proved that between two earths there is atmosphere and distance, and that some kind of creatures inhabits it, even if that kind of creature is not legally bound by the Shari` ah laws, the description يَتَنَزَّلُ الْأَمْرُ‌ 'The Command descend among them...65:12) will still apply, because Allah's Takwini decrees encompass them as well. And Allah, the Pure and Exalted, knows best! Al-hamdu1i11ah The Commentary on Surah At-Talaq Ends here