Draft:Verse of Talaq
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| Verse's Information | |
|---|---|
| Name | Verse of Divorce • Verse of 'Idda |
| Sura | Sura al-Talaq (Qur'an 65) |
| Verse | 1 |
| Juz' | 28 |
| Page | 558 |
| Content Information | |
| Cause of Revelation | Note regarding Abd Allah b. Umar divorcing his wife during menstruation |
| Place of Revelation | Medina |
| Topic | Jurisprudential, Social |
| About | Rulings of Divorce • Calculation of 'Idda • Prohibition of expelling the wife |
| Related Verses | Qur'an 2:228 • Qur'an 2:229 |
Qur'an 65:1, commonly referred to as the Verse of Ṭalāq (Arabic: آيَة ٱلطَّلَاق), delineates the fundamental prerequisites for the validity of divorce in Islam. This verse underscores that divorce is not merely a separation but a structured legal process governed by specific timeframes and ethical conduct.
The verse mandates that divorce be enacted at a prescribed time (during a period of purity in which no sexual intercourse has occurred) and requires the observance of the 'Idda (waiting period). Crucially, it prohibits expelling the wife from the marital home during this interim, thereby maintaining the possibility for reconciliation (Raj'a).
Text and Translation
| “ | يَا أَيُّهَا النَّبِيُّ إِذَا طَلَّقْتُمُ النِّسَاءَ فَطَلِّقُوهُنَّ لِعِدَّتِهِنَّ وَأَحْصُوا الْعِدَّةَ ۖ وَاتَّقُوا اللَّهَ رَبَّكُمْ ۖ لَا تُخْرِجُوهُنَّ مِن بُيُوتِهِنَّ وَلَا يَخْرُجْنَ إِلَّا أَن يَأْتِينَ بِفَاحِشَةٍ مُّبَيِّنَةٍ ۚ وَتِلْكَ حُدُودُ اللَّهِ ۚ وَمَن يَتَعَدَّ حُدُودَ اللَّهِ فَقَدْ ظَلَمَ نَفْسَهُ ۚ لَا تَدْرِي لَعَلَّ اللَّهَ يُحْدِثُ بَعْدَ ذَٰلِكَ أَمْرًا
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” |
| “ | O Prophet! When you [Muslims] divorce women, divorce them at [the conclusion of] their term and calculate the term, and be wary of Allah, your Lord. Do not turn them out from their homes, nor shall they go out, unless they commit a gross indecency. These are Allah’s bounds, and whoever transgresses the bounds of Allah certainly wrongs himself. You never know maybe Allah will bring off something new later on.
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” |
| — Qur'an 65:1 | ||
Cause of Revelation
Commentators recount that 'Abd Allah b. Umar (the son of the second Caliph) divorced his wife while she was menstruating. Upon learning of this, Prophet Muhammad (s) expressed anger and instructed him to take her back, wait until she attained purity, and then (should he still wish) divorce her in a state of purity prior to sexual intercourse. This verse was revealed to clarify the correct timing for divorce.[1]
Commentary and Rulings
1. Divorce at the "Time of Idda"
Jurists interpret the phrase "divorce them at their term" (fa-ṭalliqūhunna li-ʿiddatihinna) to mean that divorce must be pronounced at a time when the Idda can properly commence.
- The Condition of Ṭuhr (Purity): Based on this verse and Hadith, Shi'a jurisprudence strictly stipulates that the woman must be in a state of ritual purity (not menstruating) and the couple must *not* have engaged in sexual intercourse during this specific period of purity. A divorce pronounced during menstruation or during a period of purity in which intercourse occurred is considered void (bāṭil).[2]
2. Calculating the Term
The command "Count the term" (aḥṣū al-ʿidda) imposes an obligation to accurately track the waiting period (typically three menstrual cycles or three months) to ensure the preservation of the rights of the husband (regarding revocation) and the wife (regarding remarriage).
3. Residency in the Marital Home
A critical yet often overlooked command in this verse is: "Do not turn them out from their homes." During a revocable divorce (Ṭalāq Rajʿī), the woman legally remains a wife. She retains the right to housing and maintenance (Nafaqa). The rationale for this, as stated at the verse's conclusion ("maybe Allah will bring off something new"), is to facilitate reconciliation. Co-habitation allows anger to subside and affection to return, potentially averting the finality of separation.[3]
4. Witnesses
Although explicitly mentioned in the subsequent verse (65:2), the requirement for Two Just Witnesses is integral to the procedure initiated in Verse 1. Shi'a scholars regard the presence of two just witnesses as essential for the validity of the divorce, whereas most Sunni schools consider it recommended.[4]
The "Verse of Way Out" (Makhraj)
Immediately following the rulings on divorce (in Verses 2 and 3), the Sura features one of the Qur'an's most renowned passages regarding Taqwa and Divine sustenance. It is frequently cited to comfort those enduring the hardship of divorce:
| “ | وَمَن يَتَّقِ اللَّهَ يَجْعَل لَّهُ مَخْرَجًا • وَيَرْزُقْهُ مِنْ حَيْثُ لَا يَحْتَسِبُ
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” |
| “ | And whoever is wary of Allah, He shall make a way out for him, and provide for him from whence he does not reckon.
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” |
| — Qur'an 65:2-3 | ||
See Also
Notes
References
- Makārim Shīrāzī, Nāṣir. Tafsīr-i nimūna. Tehran, Dār al-Kutub al-Islāmiyya, 1374 Sh.
- Muḥaqqiq al-Ḥillī, Jaʿfar b. Ḥasan. Sharāʾiʿ al-Islām. Qom, Ismāʿīlīyān, 1408 AH.
- Suyūṭī, Jalāl al-Dīn al-. Al-Durr al-manthūr. Qom, Ayatollah Marashi Library, 1404 AH.
- Ṭabāṭabāʾī, Sayyid Muḥammad Ḥusayn. Al-Mīzān fī tafsīr al-Qurʾān. Beirut, Al-Aʿlamī lil-Maṭbūʿāt, 1390 AH.
- Ṭabrisī, Faḍl b. Ḥasan al-. Majmaʿ al-bayān fī tafsīr al-Qurʾān. Tehran, Nasser Khosrow, 1372 Sh.