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Draft:Verse of Divorce 'Idda

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Verse of Divorce 'Idda
Verse's Information
NameVerse of Divorce 'Idda
Suraal-Talaq (Qur'an 65)
Verse1
Juz'28
Page558
Content Information
Cause of
Revelation		'Abd Allah b. 'Umar divorcing his wife during menstruation
Place of
Revelation		Medina
TopicJurisprudential
AboutDivorce 'Idda
Related VersesQur'an 2:228


Qur'an 65:1 is the first verse of Sura al-Talaq, addressing the Prophet of Islam (s) as the leader of the Muslim Ummah and legislating five core rulings concerning divorce.[1] In Islamic jurisprudence (Fiqh), the 'Idda refers to a designated waiting period a woman must observe following a separation from her husband or after an instance of mistakenly having intercourse. During this term, she is prohibited from taking another husband; furthermore, in cases of intercourse by mistake, marital relations with her husband are strictly forbidden until the period concludes.[2]

Scholars have proposed various contexts regarding the cause of revelation for the Verse of Divorce. Some attribute the verse to an incident involving 'Abd Allah b. 'Umar, who divorced his wife while she was menstruating.[3] Others link its revelation to a period when the Prophet (s) temporarily separated from his wife, Hafsa. According to this view, Qur'an 65:1 was revealed to instruct the Prophet (s) to return to her, emphasizing her piety as a woman devoted to fasting and praying, and reaffirming her status as his wife and a woman of Paradise.[4]

This verse outlines five primary rulings pertaining to divorce and the divorce 'Idda, which include:

  • Divorce during a state of purity:' A divorce must be initiated during a woman's state of purity from her monthly period. According to Qur'an 2:228, the duration of the divorce 'Idda spans three consecutive periods of purity (thalathata quru). Consequently, a divorce pronounced during menstruation is legally invalid.[5] Narrations from the Prophet (s) and the Ahl al-Bayt (a) stipulate that a divorce issued during menstruation should be disregarded; a husband intending to divorce must wait until his wife has attained purity.[6] Furthermore, certain exegetes maintain that abstaining from intercourse during the period of purity prior to pronouncing the divorce formula is a prerequisite for its validity.[7]
  • Keeping count of the 'Idda (wa ahsu l-'idda): A woman's 'Idda concludes after she has completed three periods of purity and enters her third menstrual period. The Qur'an's emphasis on accurately calculating this timeframe serves to protect the woman's right to future marriages and to safeguard the sanctity of the initial union (such as establishing paternity). This injunction is primarily directed at men, as they bear the responsibilities of providing financial support (Nafaqa) and housing, and they hold the right of revocation during the waiting period.[8]
  • Prohibition of eviction and departure (la tukhrijuhunna min buyutihinna wa la yakhrujna): The verse dictates that women must not be expelled from the marital home, nor should they leave it voluntarily during the 'Idda. The underlying wisdom of this ruling is to uphold the woman's dignity, provide an opportunity for reconciliation, and facilitate the restoration of the marital bond.[9] This principle is extensively supported by various narrations.[10]
  • Exceptions for grave transgressions (illa an ya'tina bi-fahishatin mubayyinatin): The sole exception to the prohibition of eviction during the 'Idda occurs if the woman commits a gross indecency. Narrations specify such acts to include severe incompatibility, persistent ill temper, foul language, or actions contrary to chastity.[11]

Notes

  1. ↑ Ṭabrsī, Majmaʿ al-bayān, 1372 Sh, vol. 10, p. 456; Makārim Shīrāzī, Tafsīr-i namūna, 1374 Sh, vol. 24, p. 220.
  2. ↑ Najafī, Jawāhir al-kalām, 1404 AH, vol. 32, p. 211.
  3. ↑ Wāḥidī, Asbāb nuzūl al-Qurʾān, 1411 AH, p. 456.
  4. ↑ Wāḥidī, Asbāb nuzūl al-Qurʾān, 1411 AH, p. 456.
  5. ↑ Makārim Shīrāzī, Tafsīr-i namūna, 1374 Sh, vol. 24, p. 220.
  6. ↑ Ḥurr al-ʿĀmilī, Wasāʾil al-Shīʿa, 1409 AH, vol. 22, p. 108.
  7. ↑ Ṭabrsī, Majmaʿ al-bayān, 1372 Sh, vol. 10, p. 456; Ṭabāṭabāʾī, al-Mīzān, 1390 AH, vol. 19, p. 312.
  8. ↑ Ṭabrsī, Majmaʿ al-bayān, 1372 Sh, vol. 10, p. 457; Makārim Shīrāzī, Tafsīr-i namūna, 1374 Sh, vol. 24, p. 221.
  9. ↑ Makārim Shīrāzī, Tafsīr-i namūna, 1374 Sh, vol. 24, p. 222.
  10. ↑ Kulaynī, al-Kāfī, 1407 AH, vol. 6, p. 92.
  11. ↑ Huwayzī, Nūr al-thaqalayn, 1415 AH, vol. 5, p. 350.

References

  • Ḥurr al-ʿĀmilī, Muḥammad b. al-Ḥasan, Wasāʾil al-Shīʿa, Qom, Āl al-Bayt, 1409 AH.
  • Huwayzī, ʿAbd ʿAlī, Tafsīr nūr al-thaqalayn, ed. Hāshim Rasūlī Maḥallātī, Qom, Ismāʿīlīyān, 1415 AH.
  • Ṭabāṭabāʾī, Sayyid Muḥammad Ḥusayn, al-Mīzān fī tafsīr al-Qurʾān, Beirut, Dār Iḥyāʾ al-Turāth al-ʿArabī, 1390 AH.
  • Ṭabrsī, Faḍl b. Ḥasan, Majmaʿ al-bayān fī tafsīr al-Qurʾān, Tehran, Intishārāt-i Nāṣir Khusraw, 1372 Sh.
  • Kulaynī, Muḥammad b. Yaʿqūb, al-Kāfī, Tehran, Dār al-Kutub al-Islāmiyya, 1407 AH.
  • Makārim Shīrāzī, Nāṣir, Tafsīr-i namūna, Tehran, Dār al-Kutub al-Islāmiyya, 1371 Sh.
  • Najafī, Muḥammad Ḥasan, Jawāhir al-kalām fī sharḥ sharāʾiʿ al-Islām, ed. ʿAbbās Qūchānī and ʿAlī Ākhūndī, Beirut, Dār Iḥyāʾ al-Turāth al-ʿArabī, 7th edition, 1404 AH.
  • Wāḥidī Nīshābūrī, ʿAlī b. Aḥmad, Asbāb nuzūl al-Qurʾān, ed. Zaghlūl Kamāl Basyūnī, Beirut, Dār al-Kutub al-ʿIlmiyya, 1411 AH.
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