Suckling beyond the Two Years

It is reported in the Sahih that `A'ishah thought that if a woman gives her milk to an older person (meaning beyond the age of two years) then this will establish Tahrim. This is also the opinion of `Ata' bin Abu Rabah and Layth bin Sa`d. Hence, `A'ishah thought that it is permissible to suckle the man whom the woman needs to be allowed in her house. She used as evidence the Hadith of Salim, the freed slave of Abu Hudhayfah, where the Prophet ordered Abu Hudhayfah's wife to give some of her milk to Salim, although he was a man, and ever since then, he used to enter her house freely. However, the rest of the Prophet's wives did not agree with this opinion and thought that this was only a special case. This is also the opinion of the majority of the scholars.

Suckling for Monetary Compensation

Allah said:


﴿وَعلَى الْمَوْلُودِ لَهُ رِزْقُهُنَّ وَكِسْوَتُهُنَّ بِالْمَعْرُوفِ﴾


(...but the father of the child shall bear the cost of the mother's food and clothing on a reasonable basis.) meaning, the father of the baby is obliged to provide for the expenses of the mother and to buy her clothes, in reasonable amounts usually used by similar women in that area, without extravagance or stinginess. The father spends within his means in this case. Allah said in another Ayah:


﴿لِيُنفِقْ ذُو سَعَةٍ مِّن سَعَتِهِ وَمَن قُدِرَ عَلَيْهِ رِزْقُهُ فَلْيُنفِقْ مِمَّآ ءَاتَاهُ اللَّهُ لاَ يُكَلِّفُ اللَّهُ نَفْساً إِلاَّ مَآ ءَاتَاهَا سَيَجْعَلُ اللَّهُ بَعْدَ عُسْرٍ يُسْراً ﴾

(Let the rich man spend according to his means; and the man whose resources are restricted, let him spend according to what Allah has given him. Allah puts no burden on any person beyond what He has given him. Allah will grant after hardship, ease.) (65:7)


Ad-Dahhak commented, "If the husband divorces his wife, with whom he had a child, and she suckles that child, he is required to provide for the mother's expenses and clothes within reason.''

No Darar (Harm) or Dirar (Revenge)

Allah said:


﴿لاَ تُضَآرَّ وَلِدَةٌ بِوَلَدِهَا﴾


(No mother shall be treated unfairly on account of her child,) meaning, the mother should not decline to rear her child to harm its father. The mother does not have the right to refrain from suckling the child after giving birth, unless she suckles him/her the milk that is necessary for his/her survival. Later on, she is allowed to give up custody of the child as long as she does not do that intending to harm the father. In addition, the father is not allowed to take the child from his mother to harm the mother. This is why Allah said:


﴿وَلاَ مَوْلُودٌ لَّهُ بِوَلَدِهِ﴾


(...nor father on account of his child.) meaning, by taking the child from its mother intending to harm the mother. This is the Tafsir of Mujahid, Qatadah, Ad-Dahhak, Az-Zuhri, As-Suddi, Ath-Thawri and Ibn Zayd, and others on this Ayah.


Allah then said:


﴿وَعَلَى الْوَارِثِ مِثْلُ ذلِكَ﴾


(And on the (father's) heir is incumbent the like of that (which was incumbent on the father).) meaning, by refraining from harming the relative (of the father, i.e., his infant), as Mujahid, Ash-Sha`bi and Ad-Dahhak stated. It was also reported that (the Ayah requires) the inheritor (of the father) to spend on the mother of the child, just as the father was spending, and to preserve her rights and refrain from harming her, according to the Tafsir of the majority of the scholars. We should state that Ibn Jarir has explained this subject in detail in his Tafsir and that he also stated that suckling the child after the second year might harm the child's body and mind. Sufyan Ath-Thawri narrated that `Alqamah asked a woman who was suckling her child after the second year ended, not to do that.

Fitam (weaning) occurs by Mutual Consent

Allah said:


﴿فَإِنْ أَرَادَا فِصَالاً عَن تَرَاضٍ مِّنْهُمَا وَتَشَاوُرٍ فَلاَ جُنَاحَ عَلَيْهِمَا﴾


(If they both decide on weaning, by mutual consent, and after due consultation, there is no sin on them.)


This Ayah indicates that if the father and the mother decide on the Fitam (weaning) before the two years (of suckling) end, and for a benefit that they duly discuss and agree upon, then there is no sin in this case. So, the Ayah indicates that one parent is not allowed to make this kind of decision without duly consulting the other parent, as stated by Ath-Thawri. The method of mutual consultation protects the child's interests. It is also a mercy from Allah to His servants, for He has legislated the best method for parents to rear their children, and His legislation guides and directs the parents and the children to success. Similarly, Allah said in Surat At-Talaq (chapter 65 in the Qur'an):


﴿فَإِنْ أَرْضَعْنَ لَكُمْ فَـَاتُوهُنَّ أُجُورَهُنَّ وَأْتَمِرُواْ بَيْنَكُمْ بِمَعْرُوفٍ وَإِن تَعَاسَرْتُمْ فَسَتُرْضِعُ لَهُ أُخْرَى﴾


(Then if they give suck to the children for you, give them their due payment, and let each of you accept the advice of the other in a just way. But if you make difficulties for one another, then some other woman may give suck for him (the father of the child).) (65:6)


Allah then said:


﴿وَإِنْ أَرَدتُّمْ أَن تَسْتَرْضِعُواْ أَوْلَـدَكُمْ فَلاَ جُنَاحَ عَلَيْكُمْ إِذَا سَلَّمْتُم مَّآ ءَاتَيْتُم بِالْمَعْرُوفِ﴾


(And if you decide on a foster suckling-mother for your children, there is no sin on you, provided you pay (the mother) what you agreed (to give her) on a reasonable basis.) meaning, if the mother and the father both agree that the father assumes custody of the child due to a circumstance that compels her or allows him to do so, then there is no sin in this case. Hence, the mother is allowed to give up the child and the father is allowed to assume custody of the child. The father should kindly give the mother her expenses for the previous period (during which she reared and suckled the child), and he should seek other women to suckle his child for monetary compensation. Thereafter, Allah said:


﴿وَاتَّقُواْ اللَّهَ﴾


(And fear Allah) meaning, in all of your affairs,


﴿وَاعْلَمُواْ أَنَّ اللَّهَ بِمَا تَعْمَلُونَ بَصِيرٌ﴾


(And know that Allah is All-Seer of what you do.) meaning, none of your affairs or speech escapes His perfect Watch.


﴿وَالَّذِينَ يُتَوَفَّوْنَ مِنكُمْ وَيَذَرُونَ أَزْوَجًا يَتَرَبَّصْنَ بِأَنفُسِهِنَّ أَرْبَعَةَ أَشْهُرٍ وَعَشْرًا فَإِذَا بَلَغْنَ أَجَلَهُنَّ فَلاَ جُنَاحَ عَلَيْكُمْ فِيمَا فَعَلْنَ فِى أَنفُسِهِنَّ بِالْمَعْرُوفِ وَاللَّهُ بِمَا تَعْمَلُونَ خَبِيرٌ ﴾


(234. And those of you who die and leave wives behind them, they (the wives) shall wait (as regards their marriage) for four months and ten days, then when they have fulfilled their term, there is no sin on you if they (the wives) dispose of themselves in a (just and) honorable manner (i.e., they can marry). And Allah is well-acquainted with what you do.)

The `Iddah (Waiting Period) of the Widow

This Ayah contains a command from Allah to the wives whose husbands die, that they should observe a period of `Iddah of four months and ten nights, including the cases where the marriage was consummated or otherwise, according to the consensus (of the scholars).


The proof that this ruling includes the case where the marriage was not consummated is included in the general meaning of the Ayah. In a narration recorded by Imam Ahmad and the compilers of the Sunan, which At-Tirmidhi graded Sahih, Ibn Mas`ud was asked about a man who married a woman, but he died before consummating the marriage. He also did not appoint a Mahr (dowry) for her. They kept asking Ibn Mas`ud about this subject until he said, "I shall give you my own opinion, and if it is correct then it is from Allah, while if it is wrong it is because of my error and because of (the evil efforts of) Satan. In this case, Allah and His Messenger are innocent of my opinion. She has her full Mahr.'' In another narration, Ibn Mas`ud said, "She has a similar Mahr to that of the women of her status, without stinginess or extravagance.'' He then continued, "She has to spend the `Iddah and has a right to the inheritance.'' Ma`qil bin Yasar Ashja`i then stood up and said, "I heard Allah's Messenger issue a similar judgment for the benefit of Barwa` bint Washiq.'' `Abdullah bin Mas`ud became very delighted upon hearing this statement. In another narration, several men from Ashja` (tribe) stood up and said, "We testify that Allah's Messenger issued a similar ruling for the benefit of Barwa` bint Washiq.''


As for the case of the widow whose husband dies while she is pregnant, her term of `Iddah ends when she gives birth, even if it occurs an instant (after her husband dies). This ruling is taken from Allah's statement:


﴿وَأُوْلَـتُ الاٌّحْمَالِ أَجَلُهُنَّ أَن يَضَعْنَ حَمْلَهُنَّ﴾


(And for those who are pregnant, their `Iddah is until they lay down their burden.) (65:4)


There is also a Hadith from Subay`ah Al-Aslamiyah in the Two Sahihs, through various chains of narration. Her husband, Sa`d bin Khawlah, died while she was pregnant and she gave birth only a few nights after his death. When she finished her Nifas (postnatal period), she beautified herself for those who might seek to engage her (for marriage). Then, Abu Sanabil bin Ba`kak came to her and said, "Why do I see you beautified yourself, do you wish to marry By Allah! You will not marry until the four months and ten nights have passed.'' Subay`ah said, "When he said that to me, I collected my garments when night fell and went to Allah's Messenger and asked him about this matter. He said that my `Iddah had finished when I gave birth and allowed me to get married if I wished.''


The Wisdom behind legislating the `Iddah

Sa`id bin Musayyib and Abu Al-`Aliyah stated that the wisdom behind making the `Iddah of the widow four months and ten nights is that the womb might contain a fetus. When the woman waits for this period, it will become evident if she is pregnant. Similarly, there is a Hadith in the Two Sahihs narrated by Ibn Mas`ud stating:


«إنَّ خَلْقَ أَحَدِكُمْ يُجْمَعُ فِي بَطْنِ أُمِّهِ أَرْبَعِينَ يَوْمًا نُطْفَةً، ثُمَّ يَكُونُ عَلَقَةً مِثْلَ ذلِكَ، ثُمَّ يَكُونُ مُضْغَةً مِثْلَ ذلِكَ، ثُمَّ يُبْعَثُ إِلَيْهِ الْمَلَكُ فَيَنْفُخُ فِيهِ الرُّوح»


((The creation of) a human being is put together in the womb of his mother in forty days in the form of a seed, and next he becomes a clot of thick blood for a similar period, and next a morsel of flesh for a similar period. Then, Allah sends an angel who is ordered to breathe life unto the fetus.)


So, these are four months and ten more days to be sure, as some months are less (than thirty days), and the fetus will then start to show signs of life after the soul has been breathed into it. Allah knows best.


The `Iddah of the Slave Mother whose Master dies

We should state here that the `Iddah of the slave mother is the same in the case of death, as the `Iddah of the free woman. Imam Ahmad reported that `Amr bin Al-`As said, "Do not confuse the Sunnah of our Prophet for us. The `Iddah of the mother, who is also a servant, when her master dies, is four months and ten nights.''

Mourning is required during the `Iddah of Death

Allah said:


﴿فَإِذَا بَلَغْنَ أَجَلَهُنَّ فَلاَ جُنَاحَ عَلَيْكُمْ فِيمَا فَعَلْنَ فِى أَنفُسِهِنَّ بِالْمَعْرُوفِ وَاللَّهُ بِمَا تَعْمَلُونَ خَبِيرٌ﴾


(...then when they have fulfilled their term, there is no sin on you if they (the wives) dispose of themselves in a (just and) honorable manner (i.e., they can marry). And Allah is well-acquainted with what you do.)


This Ayah indicates that mourning for the dead husband is required until the `Iddah is finished. It is also reported in the Two Sahihs that Umm Habibah and Zaynab bint Jahsh narrated that Allah's Messenger said:


«لَا يَحِلُّ لِامْرَأَةٍ تُؤْمِنُ بِاللهِ وَالْيَوْم الآخِر أن تُحِدَّ عَلى مَيِتٍ فَوْقَ ثَلَاثٍ، إِلَّا عَلى زَوْجٍ أَرْبَعَةَ أَشْهُرٍ وَعَشْرًا»


(It is not lawful for a woman who believes in Allah and the Last Day to mourn for more than three days for any dead person except her husband, for whom she mourns for four months and ten days.)


It is reported in the Two Sahihs that Umm Salamah said that a woman said, "O Messenger of Allah! My daughter's husband died and she is complaining about her eye, should we administer kohl in her eye'' He said, "No,'' several times upon repeating this question. He then said:


«إنَّمَا هِيَ أَرْبَعَةُ أَشْهُرٍ وَعَشْرٌ، وَقَدْ كَانَتْ إِحْدَاكُنَّ فِي الْجَاهِلِيَّةِ تَمْكُثُ سَنَة»

(It is four months and ten (nights)! During the Jahiliyyah, one of you would mourn for an entire year.)


Zaiynab the daughter of Umm Salamah said (about the pre-Islamic era of ignorance), "When the woman's husband died, she would go into seclusion and would wear the worst clothes she has. She would refrain from wearing perfume or any adornments until a year passed. She would then come out of seclusion and would be given dung that she would throw. Then an animal would be brought out, a donkey, a sheep, or a bird. Then some blood would be drained from it, usually resulting in its death.''


In short, the mourning required from a wife whose husband dies, includes not using beautification aids, such as wearing perfume and the clothes and jewelry that encourage the men to seek marriage from the woman. All widows must observe this period of mourning whether they are young, old, free, servant, Muslim or disbeliever, as the general meaning of the Ayah indicates.


Allah also said:


﴿فَإِذَا بَلَغْنَ أَجَلَهُنَّ﴾


(...then when they have fulfilled their term) meaning, when the `Iddah finishes, according to Ad-Dahhak and Ar-Rabi` bin Anas.


﴿فَلاَ جُنَاحَ عَلَيْكُمْ﴾


(there is no sin on you) Az-Zuhri said, "Meaning her Wali (guardian).''


﴿فِيمَا فَعَلْنَ﴾


(if they (the wives) dispose) meaning, the women whose `Iddah has finished. Al-`Awfi said that Ibn `Abbas said, "If the woman is divorced or if her husband dies and then her `Iddah term ends, there is no sin that she beautifies herself, so that she becomes ready for marriage proposals. This is the way `that is just and honorable'.'' It was reported that Muqatil bin Hayyan gave the same explanation. Ibn Jurayj related that Mujahid said:


﴿فَلاَ جُنَاحَ عَلَيْكُمْ فِيمَا فَعَلْنَ فِى أَنفُسِهِنَّ بِالْمَعْرُوفِ﴾


(...there is no sin on you if they (the wives) dispose of themselves in a just and honorable manner.) "refers to allowed and pure (honorable) marriage.'' It was also reported that Al-Hasan, Az-Zuhri and As-Suddi said the same.


﴿وَلاَ جُنَاحَ عَلَيْكُمْ فِيمَا عَرَّضْتُم بِهِ مِنْ خِطْبَةِ النِّسَآءِ أَوْ أَكْنَنتُمْ فِى أَنفُسِكُمْ عَلِمَ اللَّهُ أَنَّكُمْ سَتَذْكُرُونَهُنَّ وَلَـكِن لاَّ تُوَاعِدُوهُنَّ سِرًّا إِلاَّ أَن تَقُولُواْ قَوْلاً مَّعْرُوفًا وَلاَ تَعْزِمُواْ عُقْدَةَ النِّكَاحِ حَتَّى يَبْلُغَ الْكِتَـبُ أَجَلَهُ وَاعْلَمُواْ أَنَّ اللَّهَ يَعْلَمُ مَا فِى أَنفُسِكُمْ فَاحْذَرُوهُ وَاعْلَمُواْ أَنَّ اللَّهَ غَفُورٌ حَلِيمٌ ﴾


(235. And there is no sin on you if you make a hint of betrothal or conceal it in yourself, Allah knows that you will remember them, but do not make a promise (of contract) with them in secret except that you speak an honorable saying. And do not be determined on the marriage bond until the term prescribed is fulfilled. And know that Allah knows what is in your minds, so fear Him. And know that Allah is Oft-Forgiving, Most Forbearing.)

Mentioning Marriage indirectly during the `Iddah

Allah said:


﴿وَلاَ جُنَاحَ عَلَيْكُمْ﴾


(And there is no sin on you) meaning, to indirectly mention marriage to the widow during the term of `Iddah for her deceased husband. Ath-Thawri, Shu`bah and Jarir stated that Ibn `Abbas said:


﴿وَلاَ جُنَاحَ عَلَيْكُمْ فِيمَا عَرَّضْتُم بِهِ مِنْ خِطْبَةِ النِّسَآءِ﴾


(And there is no sin on you if you make a hint of betrothal) "means saying, `I want to marry and I am looking for a woman whose qualities are such and such,' thus talking to her in general terms in a way that is better.'' In another narration (by Ibn `Abbas), "Saying, `I wish that Allah endows me with a wife,' but he should not make a direct marriage proposal.'' Al-Bukhari reported that Ibn `Abbas said that the Ayah:


﴿وَلاَ جُنَاحَ عَلَيْكُمْ فِيمَا عَرَّضْتُم بِهِ مِنْ خِطْبَةِ النِّسَآءِ﴾


(And there is no sin on you if you make a hint of betrothal) means, "The man could say, `I wish to marry,' `I desire a wife,' or, `I wish I could find a good wife'.'' Mujahid, Tawus, `Ikrimah, Sa`id bin Jubayr, Ibrahim An-Nakha`i, Ash-Sha`bi, Al-Hasan, Qatadah, Az-Zuhri, Yazid bin Qusayt, Muqatil bin Hayyan and Al-Qasim bin Muhammad and several others among the Salaf and the Imams said that one is allowed to mention marriage indirectly to the woman whose husband died. It is also allowed to indirectly mention marriage to a woman who had gone through final, irrevocable divorce. The Prophet ordered Fatimah bint Qays to remain in the house of Ibn Umm Maktum for `Iddah when her husband Abu `Amr bin Hafs divorced her for the third time. He said to her:


«فَإِذَا حَلَلْتِ فَآذِنِينِي»


(Inform me when your `Iddah term ends.)


When she finished the `Iddah, Usamah bin Zayd, the Prophet's freed slave asked to marry her, and the Prophet married her to him. As for the divorced wife (not irrevocably divorced), there is no disagreement that it is not allowed for other than her husband to mention marriage proposals to her directly or indirectly (before the `Iddah finishes). Allah knows best.


Allah said:


﴿أَوْ أَكْنَنتُمْ فِى أَنفُسِكُمْ﴾


(...or conceal it in yourself,) meaning, if you hide the intention of seeking marriage with them. Similarly, Allah said:


﴿وَرَبُّكَ يَعْلَمُ مَا تُكِنُّ صُدُورُهُمْ وَمَا يُعْلِنُونَ ﴾


(And your Lord knows what their breasts conceal, and what they reveal) (28:69) and:


﴿وَأَنَاْ أَعْلَمُ بِمَآ أَخْفَيْتُمْ وَمَآ أَعْلَنتُمْ﴾


(...while I am All-Aware of what you conceal and what you reveal.) (60: 1) So, Allah said here:


﴿عَلِمَ اللَّهُ أَنَّكُمْ سَتَذْكُرُونَهُنَّ﴾


(Allah knows that you will remember them) meaning, in your hearts, so He made it easy for you. Allah then said:





﴿وَلَـكِن لاَّ تُوَاعِدُوهُنَّ سِرًّا﴾(...but do not make a promise (of contract) with them in secret)


`Ali bin Abu Talhah reported that Ibn `Abbas said that


﴿وَلَـكِن لاَّ تُوَاعِدُوهُنَّ سِرًّا﴾


(but do not make a promise (of contract) with them in secret) means do not say to her, "I am in love (with you),'' or, "Promise me you will not marry someone else (after the `Iddah finishes),'' and so forth. Sa`id bin Jubayr, Ash-Sha`bi, `Ikrimah, Abu Ad-Duha, Ad-Dahhak, Az-Zuhri, Mujahid and Ath-Thawri said that it (meaning of the Ayah) means taking the woman's promise not to marry someone else.


Afterwards, Allah said:


﴿إِلاَّ أَن تَقُولُواْ قَوْلاً مَّعْرُوفًا﴾


(...except that you speak an honorable saying.)


Ibn `Abbas, Mujahid, Sa`id bin Jubayr, As-Suddi, Ath-Thawri and Ibn Zayd said that the Ayah means to indirectly refer to marriage, such as saying, "I desire someone like you.'' Muhammad bin Sirin said: I asked `Ubaydah about the meaning of Allah's statement:


﴿إِلاَّ أَن تَقُولُواْ قَوْلاً مَّعْرُوفًا﴾


(. ..except that you speak an honorable saying.) He said, "He says to her Wali, `Do not give her away (in marriage) until you inform me first'.'' This statement was narrated by Ibn Abu Hatim.


Allah then said:


﴿وَلاَ تَعْزِمُواْ عُقْدَةَ النِّكَاحِ حَتَّى يَبْلُغَ الْكِتَـبُ أَجَلَهُ﴾


(And do not be determined on the marriage bond until the term prescribed is fulfilled.) meaning, do not make marriage contracts before the `Iddah finishes. Ibn `Abbas, Mujahid, Ash-Sha`bi, Qatadah, Ar-Rabi` bin Anas, Abu Malik, Zayd bin Aslam, Muqatil bin Hayyan, Az-Zuhri, `Ata' Al-Khurasani, As-Suddi, Ath-Thawri and Ad-Dahhak said that:


﴿حَتَّى يَبْلُغَ الْكِتَـبُ أَجَلَهُ﴾


(until the term prescribed is fulfilled.) means, `Do not consummate the marriage before the `Iddah term finishes.' The scholars agree that marriage contracts during the `Iddah are invalid.


Allah then said:


﴿وَاعْلَمُواْ أَنَّ اللَّهَ يَعْلَمُ مَا فِى أَنفُسِكُمْ فَاحْذَرُوهُ﴾


(And know that Allah knows what is in your minds, so fear Him.) warning the men against the ideas they conceal in their hearts about women, directing them to think good about them rather than the evil, and Allah would not let them despair of His mercy, as He said:


﴿وَاعْلَمُواْ أَنَّ اللَّهَ غَفُورٌ حَلِيمٌ﴾


(And know that Allah is Oft-Forgiving, Most Forbearing.)


﴿لاَّ جُنَاحَ عَلَيْكُمْ إِن طَلَّقْتُمُ النِّسَآءَ مَا لَمْ تَمَسُّوهُنَّ أَوْ تَفْرِضُواْ لَهُنَّ فَرِيضَةً وَمَتِّعُوهُنَّ عَلَى الْمُوسِعِ قَدَرُهُ وَعَلَى الْمُقْتِرِ قَدْرُهُ مَتَـعاً بِالْمَعْرُوفِ حَقًّا عَلَى الْمُحْسِنِينَ ﴾

(236. There is no sin on you, if you divorce women while yet you have not touched them, nor appointed for them their due (dowry). But give them a Mut`ah (a suitable gift, the rich according to his means, and the poor according to his means, a gift of reasonable amount is a duty on the doers of good.)



Divorce before consummating the Marriage


Allah allowed divorce after the marriage contract and before consummating the marriage. Ibn `Abbas, Tawus, Ibrahim and Al-Hasan Al-Basri said that `touched' (mentioned in the Ayah) means sexual intercourse. The husband is allowed to divorce his wife before consummating the marriage or giving the dowry if it was deferred.

The Mut`ah (Gift) at the time of Divorce

Allah commands the husband to give the wife (whom he divorces before consummating the marriage) a gift of a reasonable amount, the rich according to his means and the poor according to his means, to compensate her for her loss. Al-Bukhari reported in his Sahih that Sahl bin Sa`d and Abu Usayd said that Allah's Messenger married Umaymah bint Sharahil. When she was brought to the Prophet he extended his hand to her, but she did not like that. The Prophet then ordered Abu Usayd to provide provisions for her along with a gift of two garments.

(237. And if you divorce them before you have touched (had a sexual relation with) them, and you have appointed for them their due (dowry), then pay half of that, unless they (the women) agree to remit it, or he (the husband), in whose hands is the marriage tie, agrees to remit it. And to remit is nearer to At-Taqwa (piety, righteousness). And do not forget liberality between yourselves. Truly, Allah is All-Seer of what you do.)


The Wife gets half of Her Mahr if She is divorced before the Marriage is consummated

This honorable Ayah is not a continuation of the Mut`ah (gift) that was mentioned in the previous Ayah (i.e., divorce before the marriage is consummated). This Ayah (2:237) requires the husband to relinquish half of the appointed Mahr if he divorces his wife before the marriage is consummated. If it was discussing any other type of gift, then it would have been mentioned that way, especially when this Ayah follows the previous Ayah related to this subject. Allah knows best. Giving away half of the bridal-money in this case is the agreed practice according to the scholars. So, the husband pays half of the appointed Mahr if he divorces his wife before consummating the marriage.


Allah then said:


﴿إَّلا أَن يَعْفُونَ﴾


(unless they (the women) agree to remit it,) meaning, the wife forfeits the dowry and relieves the husband from further financial responsibility. As-Suddi said that Abu Salih mentioned that Ibn `Abbas commented on Allah's statement:


﴿إَّلا أَن يَعْفُونَ﴾


(unless they (the women) agree to remit it,) "Unless the wife forfeits her right.''Furthermore, Imam Abu Muhammad bin Abu Hatim said that it was reported that Shurayh, Sa`id bin Musayyib, `Ikrimah, Mujahid, Ash-Sha`bi, Al-Hasan, Nafi`, Qatadah, Jabir bin Zayd, `Ata' Al-Khurasani, Ad-Dahhak, Az-Zuhri, Muqatil bin Hayyan, Ibn Sirin, Ar-Rabi` bin Anas and As-Suddi said similarly.


Allah then said:


﴿أَوْ يَعْفُوَاْ الَّذِى بِيَدِهِ عُقْدَةُ النِّكَاحِ﴾


(...or he (the husband), in whose hands is the marriage tie, agrees to remit it.)


Ibn Abu Hatim reported that `Amr bin Shu`ayb said that his grandfather narrated that the Prophet said:


«وَلِيُّ عُقْدَةِ النِّكَاحِ الزَّوْج»


(The husband is he who has the marriage tie.)


Ibn Marduwyah also reported this Hadith, and it is the view chosen by Ibn Jarir. The Hadith states that the husband is the person who really holds the marriage tie in his hand, as it is up to him to go on with the marriage or end it. On the other hand, the Wali of the wife is not allowed to give away any of her rightful dues without her permission, especially the dowry.


Allah then stated:


﴿وَأَن تَعْفُواْ أَقْرَبُ لِلتَّقْوَى﴾


(And to remit it is nearer to At-Taqwa (piety, righteousness).)


Ibn Jarir said, "Some scholars said that this statement is directed at both men and women.'' Ibn `Abbas said:


﴿وَأَن تَعْفُواْ أَقْرَبُ لِلتَّقْوَى﴾

(And to remit it is nearer to At-Taqwa (piety, righteousness).) indicates that the one who forgives, is nearer to At-Taqwa (piety).'' A similar statement was made by Ash-Sha`bi and several other scholars.


Mujahid, An-Nakha`i, Ad-Dahhak, Muqatil bin Hayyan, Ar-Rabi` bin Anas and Thawri stated that `liberality' mentioned in the Ayah refers to the woman giving away her half Mahr, or the man giving away the full Mahr. This is why Allah said here:


﴿وَلاَ تَنسَوُاْ الْفَضْلَ بَيْنَكُمْ﴾


(And do not forget liberality between yourselves.) meaning, kindness (or generosity), as Sa`id has stated. Allah said:


﴿إِنَّ اللَّهَ بِمَا تَعْمَلُونَ بَصِيرٌ﴾


(Truly, Allah is All-Seer of what you do.) meaning, none of your affairs ever escapes His perfect Watch, and He will reward each according to his deeds.


﴿حَـفِظُواْ عَلَى الصَّلَوَتِ والصَّلَوةِ الْوُسْطَى وَقُومُواْ لِلَّهِ قَـنِتِينَ ﴾


﴿فَإنْ خِفْتُمْ فَرِجَالاً أَوْ رُكْبَانًا فَإِذَآ أَمِنتُمْ فَاذْكُرُواْ اللَّهَ كَمَا عَلَّمَكُم مَّا لَمْ تَكُونُواْ تَعْلَمُونَ ﴾


(238. Guard strictly (five obligatory) As-Salawat (the prayers) especially the Middle Salah.And stand before Allah with obedience.) (239. And if you fear (an enemy), (perform Salah) on foot or riding. And when you are in safety, then remember Allah (pray) in the manner He has taught you, which you knew not (before).)


Allah commands that the prayer should be performed properly and on time. It is reported in the Two Sahihs that Ibn Mas`ud said, "I asked the Prophet , `Which deed is the dearest (to Allah)' He replied:


«الصَّلَاةُ عَلى وَقْتِها»


(To offer the prayers at their fixed times.) I asked, `What is the next (in goodness)' He replied:


«الْجِهَادُ فِي سَبِيلِ الله»


(To participate in Jihad (religious fighting) in Allah's cause.)'' I again asked, `What is the next (in goodness)' He replied:


«بِرُّ الْوَالِدَيْن»


(To be good and dutiful to your parents.) `Abdullah then added, "The Prophet told me these words, and had I asked more, the Prophet would have told me more.''

Allahu Akbar

This needs to be a sticky

i may consider bringing Alamaah al-Imaam ash-Shanqitee's tafseer in some parts of baqarah.

jazakallahu khairan ya shaykh

The Middle Prayer

Furthermore, Allah has specifically mentioned the Middle prayer, which is the `Asr prayer according to the majority of the scholars among the Companions, as At-Tirmidhi and Al-Baghawi have stated. Al-Qadi Al-Mawardi added that the majority of the scholars of the Tabi`in also held this view. Al-Hafiz Abu `Umar bin `Abdul-Barr said that this is also the opinion of the majority of the scholars of the Athar (i.e., the Hadith and the statements of the Salaf). In addition, Abu Muhammad bin `Atiyah said that this is the Tafsir (of the Middle prayer) of the majority of scholars. Al-Hafiz Abu Muhammad `Abdul-Mu'min bin Khalaf Ad-Dumyati stated in his book on the Middle prayer that it is the `Asr prayer and mentioned that this is the Tafsir of `Umar, `Ali, Ibn Mas`ud, Abu Ayyub, `Abdullah bin `Amr, Samurah bin Jundub, Abu Hurayrah, Abu Sa`id, Hafsah, Umm Habibah, Umm Salamah, Ibn `Abbas and `A'ishah. This is also the Tafsir of `Ubaydah, Ibrahim An-Nakha`i, Razin, Zirr bin Hubaysh, Sa`id bin Jubayr, Ibn Sirin, Al-Hasan, Qatadah, Ad-Dahhak, Al-Kalbi, Muqatil, `Ubayd bin Abu Maryam, and others.

The Proof that the `Asr Prayer is the Middle Prayer

Imam Ahmad reported that `Ali narrated that Allah's Messenger said during the battle of Al-Ahzab (the Confederates):


«شَغَلُونَا عَنِ الصَّلَاةِ الْوُسْطَى، صَلَاةِ الْعَصْرِ، مَلَأَ اللهُ قُلُوبَهُم وَبُيُوتَهم نَارًا»

(They (the disbelievers) busied us from performing the Middle prayer, the `Ar prayer, may Allah fill their hearts and houses with fire.)


He performed the `Asr prayer between Maghrib and `Isha'. Muslim and An-Nasa'i recorded this Hadith. In addition, the Two Shaykhs, Abu Dawud, At-Tirmidhi An-Nasa'i and several other collectors of the Sunan recorded this Hadith using different chains of narrators to `Ali. The Hadith about the battle of Al-Ahzab, when the Mushriks prevented Allah's Messenger and his Companions from performing the `Asr prayer, has been narrated by several other Companions. We only mentioned the narrations that stated that the Middle prayer is the `Asr prayer. Furthermore, Muslim reported similar wordings for this Hadith from Ibn Mas`ud and Al-Bara' bin `Azib.


In addition, Imam Ahmad reported that Samurah bin Jundub said that Allah's Messenger said:


«صَلَاةُ الْوسْطَى صَلَاةُ الْعَصْر»


(The Middle prayer is the `Asr prayer.)


In another narration, Allah's Messenger mentioned:


﴿حَـفِظُواْ عَلَى الصَّلَوَتِ والصَّلَوةِ الْوُسْطَى﴾


(Guard strictly (five obligatory) As-Salawat (the prayers) especially the Middle Salah) and stated that it is the `Asr prayer. In another narration, Allah's Messenger said:


«هِيَ الْعَصْر»


(It is the `Asr prayer.) and Ibn Ja`far mentioned that the Prophet was then being asked about the Middle prayer. At-Tirmidhi reported this Hadith and said, "Hasan, Sahih." In addition, Abu Hatim bin Hibban reported in his Sahih that `Abdullah said that Allah's Messenger said:


«صَلَاةُ الْوسْطَى صَلَاةُ الْعَصْر»


(The Middle prayer is the `Asr prayer.)


At-Tirmidhi reported that Ibn Mas`ud narrated that Allah's Messenger said:


«صَلَاةُ الْوسْطَى صَلَاةُ الْعَصْر»


(The `Asr prayer is the Middle prayer.)


At-Tirmidhi then stated that this Hadith is of a Hasan, Sahih type. Muslim reported the Hadith in his Sahih and his wordings are:


«شَغَلُونَا عَنِ الصَّلَاةِ الْوسْطَى صَلَاةِ الْعَصْر»


(They (disbelievers) busied us from performing the Middle prayer, the `Asr prayer.)


These texts emphasize the fact (that the `Asr prayer is the Middle prayer). What further proves this fact is that, in an authentic Hadith, Allah's Messenger emphasized the necessity of preserving the `Asr prayer, when he said, as Ibn `Umar narrated:


«مَنْ فَاتَتْهُ صَلَاةُ الْعَصْرِ فَكَأَنَّمَا وُتِرَ أَهْلَهُ وَمَالَه»


(Whoever misses the `Asr prayer will be like who has lost his family and money.)


It is reported in the Sahih that Buraydah bin Al-Husayb said that the Prophet said:


«بَكِّرُوا بِالصَّلَاةِ فِي يَوْمِ الْغَيْمِ، فَإِنَّهُ مَنْ تَرَكَ صَلَاةَ الْعَصْرِ، فَقَدْ حَبِطَ عَمَلُه»


(On a cloudy day, perform the (`Asr) prayer early, for whoever misses the `Asr prayer, will have his (good) deeds annulled.)

The Prohibition of speaking during the Prayer

Allah said:


﴿وَقُومُواْ لِلَّهِ قَـنِتِينَ﴾


(And stand before Allah with obedience.) meaning, with humbleness and humility before Him (i.e., during the prayer). This command indicates that it is not allowed to speak during the prayer, as speaking contradicts the nature of the prayer. This is why the Prophet refused to answer Ibn Mas`ud when he greeted him while he was praying and said afterwards:


«إِنَّ فِي الصَّلَاةِ لَشُغْلًا»


(The prayer makes one sufficiently busy.) (i.e., by the various actions of the body, tongue and heart involved during the prayer.)


Muslim reported that the Prophet said to Mu`awiyah bin Hakam As-Sulami when he spoke during the prayer:


«إِنَّ هذِهِ الصَّلَاةَ لَا يَصْلُحُ فِيهَا شَيْءٌ مِنْ كَلَامِ النَّاسِ، إنَّمَا هِي التَّسْبِيحُ وَالتَّكْبِيرُ وَذِكْرُ الله»


(The ordinary speech people indulge in is not appropriate during the prayer. The prayer involves only Tasbih (praising Allah), Takbir (saying Allahu Akbar, i.e., Allah is the Most Great) and remembering Allah.)


Imam Ahmad reported that Zayd bin Arqam said, "One used to address his friend about various affairs during the prayer. Then when this Ayah was revealed:


﴿وَقُومُواْ لِلَّهِ قَـنِتِينَ﴾


(And stand before Allah with obedience.) we were ordered to refrain from speaking.'' The Group (i. e., the Hadith collections), except Ibn Majah, reported this Hadith.

The Fear Prayer

Allah said:


﴿فَإنْ خِفْتُمْ فَرِجَالاً أَوْ رُكْبَانًا فَإِذَآ أَمِنتُمْ فَاذْكُرُواْ اللَّهَ كَمَا عَلَّمَكُم مَّا لَمْ تَكُونُواْ تَعْلَمُونَ ﴾


(And if you fear (an enemy), (perform Salah) on foot or riding. And when you are in safety, then remember Allah (pray) in the manner He has taught you, which you knew not (before).)


After Allah commanded His servants to perform the prayer perfectly and emphasized this commandment, He mentioned the situation where the person might not be able to perform the prayer perfectly, during battle and combat. Allah said:


﴿فَإنْ خِفْتُمْ فَرِجَالاً أَوْ رُكْبَانًا﴾


(And if you fear (an enemy), perform Salah on foot or riding.) meaning, pray in the appropriate manner under these circumstances, whether on foot or riding and whether facing the Qiblah or otherwise. Imam Malik reported that Nafi` related that Ibn `Umar used to describe the Fear prayer when he was asked about it and would then add, "If there is intense fear, pray on foot, riding, facing the Qiblah and otherwise.'' Nafi` commented, "I think that he related that to the Prophet .'' Al-Bukhari and Muslim reported the Hadith.


Muslim, Abu Dawud, An-Nasa'i, Ibn Majah and Ibn Jarir reported that Ibn `Abbas said, "Allah has ordained the prayer by the words of your Prophet : four (Rak`ah) while residing, two Rak`ah while traveling and one Rak`ah during times of fear.'' This is also the view of Al-Hasan Al-Basri, Qatadah, Ad-Dahhak, and others.


In addition, Al-Bukhari has entitled a Chapter: `Prayer while confronting the Forts and facing the Enemy'. Al-Awza`i said, "If the victory seems near and the Muslims are unable to perform the prayer (in the normal manner), they should pray by nodding each by himself. If they are unable to nod, they should delay the prayer until fighting is finished. When they feel safe, they should pray two Rak`ah. If they are unable, they should then pray one Rak`ah that includes two prostrations. If they are unable, then Takbir alone does not suffice, so they should delay the prayer until they are safe.'' This is the same view that Makhul held. Anas bin Malik said, "I participated in the attack on the fort of Tastar, when the light of dawn started to become clear. Suddenly, the fighting raged and the Muslims were unable to pray until the light of day spread. We then prayed (the Dawn prayer) with Abu Musa and we became victorious. I would not have been pleased if I were to gain in the life of this world and whatever is in it instead of that prayer.'' This is the wording of Al-Bukhari.


Prayer during the Times of Peace is performed normally
Allah said:


﴿فَإِذَآ أَمِنتُمْ فَاذْكُرُواْ اللَّهَ﴾


(And when you are in safety, then remember Allah (pray)) meaning, `Perform the prayer as I have commanded you by completing its bowing, prostration, standing, sitting, and with the required attention (in the heart) and supplication.' Allah said:


﴿كَمَا عَلَّمَكُم مَّا لَمْ تَكُونُواْ تَعْلَمُونَ﴾


(in the manner He has taught you, which you knew not (before).) meaning, just as He has endowed you, guided you and taught you about what benefits you in this life and the Hereafter, so thank and remember Him. Similarly, Allah said after He mentioned the prayer of Fear,


﴿فَإِذَا اطْمَأْنَنتُمْ فَأَقِيمُواْ الصَّلَوةَ إِنَّ الصَّلَوةَ كَانَتْ عَلَى الْمُؤْمِنِينَ كِتَـباً مَّوْقُوتاً﴾


(...but when you are free from danger, perform As-Salah. Verily, As-Salah (the prayer) is enjoined on the believers at fixed hours.) (4:103)


We will mention the Hadiths about the prayer of Fear and its description in Surat An-Nisa' while mentioning Allah's statement:


﴿وَإِذَا كُنتَ فِيهِمْ فَأَقَمْتَ لَهُمُ الصَّلَوةَ﴾


(When you (O Messenger Muhammad ) are among them, and lead them in As-Salah (the prayer).) (4:102)


﴿وَالَّذِينَ يُتَوَفَّوْنَ مِنكُمْ وَيَذَرُونَ أَزْوَجًا وَصِيَّةً لازْوَاجِهِم مَّتَـعًا إِلَى الْحَوْلِ غَيْرَ إِخْرَاجٍ فَإِنْ خَرَجْنَ فَلاَ جُنَاحَ عَلَيْكُمْ فِى مَا فَعَلْنَ فِي أَنفُسِهِنَّ مِن مَّعْرُوفٍ وَاللَّهُ عَزِيزٌ حَكِيمٌ - وَلِلْمُطَلَّقَـتِ مَتَـعٌ بِالْمَعْرُوفِ حَقًّا عَلَى الْمُتَّقِينَ - كَذَلِكَ يُبَيِّنُ اللَّهُ لَكُمْ آيَـتِهِ لَعَلَّكُمْ تَعْقِلُونَ ﴾

(240. And those of you who die and leave behind wives should bequeath for their wives a year's maintenance (and residence) without turning them out, but if they (wives) leave, there is no sin on you for that which they do of themselves, provided it is honorable (e.g., lawful marriage). And Allah is All-Mighty, All-Wise.) (241. And for divorced women, maintenance (should be provided) on reasonable (scale). This is a duty on Al-Muttaqin (the pious).) (242. Thus Allah makes clear His Ayat (Laws) to you, in order that you may understand.)

Ayah (2:240) was abrogated

The majority of the scholars said that this Ayah (2:240) was abrogated by the Ayah (2:234), what Allah said:


﴿يَتَرَبَّصْنَ بِأَنفُسِهِنَّ أَرْبَعَةَ أَشْهُرٍ وَعَشْرًا﴾


(...they (the wives) shall wait (as regards their marriage) for four months and ten days.) (2:234)


For instance, Al-Bukhari reported that Ibn Az-Zubayr said: I said to `Uthman bin `Affan:


﴿وَالَّذِينَ يُتَوَفَّوْنَ مِنكُمْ وَيَذَرُونَ أَزْوَجًا﴾


(And those of you who die and leave wives behind them) was abrogated by the other Ayah (2:234). Therefore, why did you collect it (meaning, in the Qur'an)'' He said, "O my nephew! I shall not change any part of the Qur'an from its place.''


The question that Ibn Az-Zubayr asked `Uthman means: `If the ruling of the Ayah (2:240) was abrogated to four months (the `Iddah of the widow, and refer to 2:234), then what is the wisdom behind including it in the Qur'an, although its ruling has been abrogated If the Ayah (2:240) remains (in the Qur'an) after the Ayah that abrogated it (2:234),