Life After Divorce

Which was revealed in Al-Madinah بِسْمِ اللَّهِ الرَّحْمَـنِ الرَّحِيمِ (In the Name of Allah, the Most Gracious, the Most Merciful. There is a Period during which Divorced Women remain in Their Homes The Prophet was addressed first in this Ayah, to honor him, even though his Ummah is also being addressed in Allah's statement, يأيُّهَا النَّبِىُّ إِذَا طَلَّقْتُمُ النِّسَآءَ فَطَلِّقُوهُنَّ لِعِدَّتِهِنَّ (O Prophet! When you divorce women, divorce them at their `Iddah) Al-Bukhari recorded that `Abdullah bin `Umar divorced his wife, during the lifetime of Allah's Messenger ﷺ, while she was menstruating. `Umar bin Al-Khattab mentioned that to Allah's Messenger ﷺ. Allah's Messenger ﷺ became angry and said, «لِيُرَاجِعْهَا ثُمَّ يُمْسِكْهَا حَتْى تَطْهُرَ، ثُمَّ تَحِيضَ فَتَطْهُرَ، فَإِنْ بَدَا لَهُ أَنْ يُطَلِّقَهَا، فَلْيُطَلِّقْهَا طَاهِرًا قَبْلَ أَنْ يَمَسَّهَا، فَتِلْكَ الْعِدَّةُ الَّتِي أَمَرَ بِهَا اللهُ عَزَّ وَجَل» (Order him to take her back and keep her until she is clean from her menses, and then to wait until she gets her next period and becomes clean again. Then, if he wishes to divorce her, he can divorce her when she is clean from her menses, before he has sexual intercourse with her. This is the `Iddah which Allah the Exalted and Most Honored has fixed.) Al-Bukhari recorded this Hadith in several parts of his Sahih. Muslim collected this Hadith and his narration uses these words, «فَتِلْكَ الْعِدَّةُ الَّتِي أَمَرَ اللهُ أَنْ يُطَلَّقَ لَهَا النِّسَاء» (This is the `Iddah which Allah has fixed for the women being divorced.) In his Sahih, Muslim has recorded a Hadith which is a more appropriate version from a narration of Ibn Jurayj who said that Abu Az-Zubayr informed him that he heard `Abdur-Rahman bin Ayman, the freed slave of `Azzah, questioning `Abdullah bin `Umar. And Abu Az-Zubayr heard the question, "What about a man who divorces his wife while she is still on her menses" `Abdullah answered, "During the time of Allah's Messenger ﷺ, `Abdullah bin `Umar divorced his wife who was menstruating in the life time of Allah's Messenger ﷺ. So Allah's Messenger ﷺ said: «لِيُرَاجِعْهَا» (Let him take her back.) so she returned and he said: «إِذَا طَهُرَتْ فَلْيُطَلِّقْ أَوْ يُمْسِك» (When she is pure, then either divorce or keep her.) `Abdullah bin `Umar said, "Allah's Messenger ﷺ recited this Ayah: (ياأَيُّها النَّبِيُّ إِذا طَلَّقْتُمُ النِّساءَ فَطَلِّقُوهُنَّ فِي قُبُلِ عِدَّتِهِنَّ) (O Prophet! When you divorce women, divorce them at their `Iddah) And `Abdullah (Ibn Mas`ud) commented on Allah's statement, فَطَلِّقُوهُنَّ لِعِدَّتِهِنَّ (divorce them at their `Iddah) He said, "Purity without intercourse." Similar was reported from Ibn `Umar, `Ata', Mujahid, Al-Hasan, Ibn Sirin, Qatadah, Maymun bin Mihran and Muqatil bin Hayyan. It is also reported from `Ikrimah and Ad-Dahhak.`Ali bin Abi Talhah reported from Ibn `Abbas about the Ayah; فَطَلِّقُوهُنَّ لِعِدَّتِهِنَّ (divorce them at their `Iddah), "He does not divorce her while she is on her menses nor while she is pure if he has had intercourse during that (purity). Rather, he leaves her until she has her menses and after the menses ends, then he divorces her once." And `Ikrimah said about فَطَلِّقُوهُنَّ لِعِدَّتِهِنَّ (divorce them at their `Iddah), "The `Iddah is made up of clean- liness and the menstrual period." So he divorces her while it is clear that she is pregnant, or he does not due to having sex, or since he does not know if she is pregnant or not. This is why the scholars said that there are two types of divorce, one that conforms to the Sunnah and another innovated. The divorce that conforms to the Sunnah is one where the husband pronounces one divorce to his wife when she is not having her menses and without having had sexual intercourse with her after the menses ended. One could divorce his wife when it is clear that she is pregnant. As for the innovated divorce, it occurs when one divorces his wife when she is having her menses, or after the menses ends, has sexual intercourse with her and then divorces her, even though he does not know if she became pregnant or not. There is a third type of divorce, which is neither a Sunnah nor an innovation where one divorces a young wife who has not begun to have menses, the wife who is beyond the age of having menses, and divorcing one's wife before the marriage was consummated. Allah said, وَأَحْصُواْ الْعِدَّةَ (and count their `Iddah.) meaning, count for it and know its beginning and end, so that the `Iddah does not become prolonged for the woman and she cannot get married again, وَاتَّقُواْ اللَّهَ رَبَّكُمْ (And have Taqwa of Allah, your Lord.) in this matter. Spending and Housing is up to the Husband during the Revocable `Iddah Period Allah said, لاَ تُخْرِجُوهُنَّ مِن بُيُوتِهِنَّ وَلاَ يَخْرُجْنَ (And turn them not out of their homes nor shall they leave,) meaning, during the duration of the `Iddah, she has the right to housing from her husband, as long as the `Iddah period continues. Therefore, the husband does not have the right to force her out of her house, nor is she allowed to leave his house, because she is still tied to the marriage contract. Allah said, إِلاَّ أَن يَأْتِينَ بِفَاحِشَةٍ مُّبَيِّنَةٍ (except in case they are guilty of Fahishah Mubayyinah.) meaning that the divorced wife is not to abandon her husband's house unless she commits Fahishah Mubayyinah, in which case, she vacates her husband's house. For example, Fahishah Mubayyinah implies adultery, according to `Abdullah bin Mas`ud, Ibn `Abbas, Sa`id bin Al-Musayyib, Ash-Sha`bi, Al-Hasan, Ibn Sirin, Mujahid, `Ikrimah, Sa`id bin Jubayr, Abu Qilabah, Abu Salih, Ad-Dahhak, Zayd bin Aslam, `Ata' Al-Khurasani, As-Suddi, Sa`id bin Hilal and others. Fahishah Mubayyinah implies disobeying her husband openly or when she abuses her husband's family in words and actions, according to Ubay bin Ka`b, Ibn `Abbas, `Ikrimah and others. Allah's statement, وَتِلْكَ حُدُودُ اللَّهِ (And those are the set limits of Allah.) means, these are from His legislation and prohibitions, وَمَن يَتَعَدَّ حُدُودَ اللَّهِ (And whosoever transgresses the set limits of Allah,) meaning, whoever violates these limits, transgresses them and implements anything else besides them, فَقَدْ ظَلَمَ نَفْسَهُ (then indeed he has wronged himself.) by doing so. The Wisdom of `Iddah at the Husband's House Allah said, لاَ تَدْرِى لَعَلَّ اللَّهَ يُحْدِثُ بَعْدَ ذَلِكَ أَمْراً (You know not, it may be that Allah will afterward bring some new thing to pass.) meaning, `We commanded that the divorced wife remains in her husband's house during the `Iddah period, so that the husband might regret his action and Allah decides that the husband feels in his heart for the marriage to continue.' This way, returning to his wife will be easier for him. Az-Zuhri said that `Ubaydullah bin `Abdullah said that Fatimah bint Qays said about Allah's statement, لاَ تَدْرِى لَعَلَّ اللَّهَ يُحْدِثُ بَعْدَ ذَلِكَ أَمْراً (You know not, it may be that Allah will afterward bring some new thing to pass.) "Taking her back." Similar was said by Ash-Sha`bi, `Ata', Qatadah, Ad-Dahhak, Muqatil bin Hayyan and Ath-Thawri. The Irrevocably Divorced Woman does not have a Right to Provisions and Accommodations from the Husba Here the view of the scholars of the Salaf and those who follow them is that housing is not obligatory in the case of the irrevocably divorced woman. They also relied on the Hadith of Fatimah bint Qays Al-Fihriyah when her husband Abu `Amr bin Hafs divorced her the third and final time. He was away from her in Yemen at the time, and he sent her his decision to divorce her. He also sent some barley with his messenger, but she did not like the amount or method of compensation. He said, "By Allah I am not obligated to spend upon you." So, she went to Allah's Messenger ﷺ, who said, «لَيْسَ لَكِ عَلَيْهِ نَفَقَة» (There is no obligation on him to spend on you.) Muslim added in his narration, «وَلَا سُكْنَى» (nor housing.) And he ordered her to finish her `Iddah period in the house of Umm Sharik. He then said, «تِلْكَ امْرَأَةٌ يَغْشَاهَا أَصْحَابِي، اعْتَدِّي عِنْدَ ابْنِ أُمِّ مَكْتُومٍ، فَإِنَّهُ رَجُلٌ أَعْمَى تَضَعِينَ ثِيَابَك» (She is a woman my Companions visit. Spend this period in the house of Ibn Umm Maktum, for he is a blind man; he cannot see you if you take off your garments.) Imam Ahmad collected this Hadith using another chain of narration. In his narration, the Messenger of Allah ﷺ said, «انْظُرِي يَا بِنْتَ آلِ قَيْسٍ إِنَّمَا النَّفَقَةُ وَالسُّكْنَى لِلْمَرْأَةِ عَلَى زَوْجِهَا، مَا كَانَتْ لَهُ عَلَيْهَا رَجْعَةٌ، فَإِذَا لَمْ يَكُنْ لَهُ عَلَيْهَا رَجْعَةٌ فَلَا نَفَقَةَ وَلَا سُكْنَى،اخْرُجِي فَانْزِلِي عَلَى فُلَانَة» (Look O daughter of the family of Qays! Spending and housing are required from the husband who can return to his wife. So if he does not have the right to return to her, then she does not have the right to spending and housing. So leave his house and go to so-and-so woman.) He then said, «إِنَّهُ يُتَحَدَّثُ إِلَيْهَا، انْزِلِي عَلَى ابْنِ أُمِّ مَكْتُومٍ فَإِنَّهُ أَعْمَى لَا يَرَاك» (They speak to her. Therefore, go to Ibn Umm Maktum, for he is a blind man and cannot see you.) Abu Al-Qasim At-Tabarani recorded that `Amir Ash-Sha`bi went to Fatimah bint Qays, sister of Ad-Dahhak bin Qays, from the tribe of Quraysh. Fatimah was married to Abu `Amr bin Hafs bin Al-Mughirah, from Bani Makhzum. She said, "Abu `Amr bin Hafs sent me his decision to divorce me while he was in an army that had gone to Yemen. I asked his friends to provide me with financial provisions and housing. They said, `He did not send us anything for that, nor did he request it from us.' I went to Allah's Messenger and said to him, `O Allah's Messenger! Abu `Amr bin Hafs divorced me, and I asked his friends to provide me with spending and housing and they said that he did not send them anything for that.' Allah's Messenger ﷺ said, «إِنَّمَا السُّكْنَى وَالنَّفَقَةُ لِلْمَرْأَةِ إِذَا كَانَ لِزَوْجِهَا عَلَيْهَا رَجْعَةٌ، فَإِذَا كَانَتْ لَا تَحِلُّ لَهُ حَتْى تَنْكِحَ زَوْجًا غَيْرَهُ:فَلَا نَفَقَةَ لَهَا وَلَا سُكْنَى» (Spending and housing are required from the husband for his divorced wife if he can return to her. If she is not permitted for him anymore, until she marries another husband, then he does not have to provide her with spending and housing.)" An-Nasa'i also recorded this narration.

Ordaining Kindness towards Divorced Women Allah the Exalted says that when the woman who is in her `Iddah nears the end of the `Iddah term, the husband must decide to reconcile with her, thus keeping their marriage together, بِمَعْرُوفٍ (in a good manner) while being kind to her in their companionship. Otherwise, he must decide to divorce her on good terms, without abusing, cursing, or admonishing her. To the contrary, he should divorce her on good terms, observing kindness and good manners. The Command to have Witnesses for the Return Allah said, وَأَشْهِدُواْ ذَوَى عَدْلٍ مِّنكُمْ (And take as witness two just persons from among you.) meaning when taking her back, if this is your decision. Abu Dawud and Ibn Majah recorded that `Imran bin Husayn was asked about a man who divorced his wife and then had sexual intercourse with her, without notifying witnesses of when he divorced her and when he took her back. `Imran said, "His divorce and taking her back was in contradiction to the Sunnah. Incorporate the presence of witnesses for divorcing her and taking her back, and do not repeat your conduct." Ibn Jurayj said that `Ata' commented on the Ayah, وَأَشْهِدُواْ ذَوَى عَدْلٍ مِّنكُمْ (And take as witness two just persons from among you.) "It is not permissible to marry, divorce or take back the divorced wife except with two just witnesses, just as Allah the Exalted has said, except when there is a valid excuse." Allah's statement, ذَلِكُمْ يُوعَظُ بِهِ مَن كَانَ يُؤْمِنُ بِاللَّهِ وَالْيَوْمِ الاٌّخِرِ (That will be an admonition given to him who believes in Allah and the Last Day.) means, `this, Our command to you to have witnesses in such cases and to establish the witness, is implemented by those who believe in Allah and the Last Day.' This legislation is meant to benefit those who fear Allah's punishment in the Hereafter. Allah provides, suffices, and makes a Way out of Every Hardship for Those Who have Taqwa Allah said, وَمَن يَتَّقِ اللَّهَ يَجْعَل لَّهُ مَخْرَجاًوَيَرْزُقْهُ مِنْ حَيْثُ لاَ يَحْتَسِبُ (And whosoever has Taqwa of Allah, He will make a way for him to get out. And He will provide him from where he never could imagine.) meaning, whoever has Taqwa of Allah in what He has commanded and avoids what He has forbidden, then Allah will make a way out for him from every difficulty and will provide for him from resources he never anticipated or thought about. Ibn Abi Hatim recorded that `Abdullah bin Mas`ud said, "The most comprehensive Ayah in the Qur'an is, إِنَّ اللَّهَ يَأْمُرُ بِالْعَدْلِ وَالإْحْسَانِ (Verily, Allah enjoins Al-`Adl (justice) and Al-Ihsan (doing good) (16:90). The greatest Ayah in the Qur'an that contains relief is, وَمَن يَتَّقِ اللَّهَ يَجْعَل لَّهُ مَخْرَجاً (And whosoever has Taqwa of Allah, He will make a way for him to get out.)" `Ikrimah also commented on the Ayah, "Whoever divorces as Allah commanded him, then Allah will make a way out for him." Similar was reported from Ibn `Abbas and Ad-Dahhak.`Abdullah bin Mas`ud and Masruq commented on the Ayah, وَمَن يَتَّقِ اللَّهَ يَجْعَل لَّهُ مَخْرَجاً (And whosoever has Taqwa of Allah, He will make a way for him to get out.) "It pertains to when one knows that if Allah wills He gives, and if He wills He deprives, مِنْ حَيْثُ لاَ يَحْتَسِبُ (from where he never could imagine.) from resources he did not anticipate" Qatadah said, وَمَن يَتَّقِ اللَّهَ يَجْعَل لَّهُ مَخْرَجاً (And whosoever has Taqwa of Allah, He will make a way for him to get out.) "meaning, from every doubt and the horrors experienced at the time of death, وَيَرْزُقْهُ مِنْ حَيْثُ لاَ يَحْتَسِبُ (And He will provide him from where he never could imagine) from where he never thought of or anticipated." Allah said, وَمَن يَتَوَكَّلْ عَلَى اللَّهِ فَهُوَ حَسْبُهُ (And whosoever puts his trust in Allah, then He will suffice him.) Imam Ahmad recorded that Ibn `Abbas said that he rode the Prophet's camel while sitting behind the Prophet , and the Messenger of Allah ﷺ said to him, «يَا غُلَامُ إِنِّي مُعَلِّمُكَ كَلِمَاتٍ: احْفَظِ اللهَ يَحْفَظْكَ، احْفَظِ اللهَ تَجِدْهُ تُجَاهَكَ، وَإِذَا سَأَلْتَ فَاسْأَلِ اللهَ، وَإِذَا اسْتَعَنْتَ فَاسْتَعِنْ بِاللهِ، وَاعْلَمْ أَنَّ الْأُمَّةَ لَوِ اجْتَمَعُوا عَلَى أَنْ يَنْفَعُوكَ لَمْ يَنْفَعُوكَ إِلَّا بِشَيْءٍ قَدْ كَتَبَهُ اللهُ لَكَ، وَلَوِ اجْتَمَعُوا عَلَى أَنْ يَضُرُّوكَ لَمْ يَضُرُّوكَ إِلَّا بِشَيْءٍ قَدْ كَتَبَهُ اللهُ عَلَيْكَ، رُفِعَتِ الْأَقْلَامُ وَجَفَّتِ الصُّحُف» (O boy! I will teach you words so learn them. Be mindful of Allah and He will protect you, be mindful of Allah and He will be on your side. If you ask, ask Allah, and if you seek help, seek it from Allah. Know that if the Ummah gather their strength to bring you benefit, they will never bring you benefit, except that which Allah has decreed for you. Know that if they gather their strength to harm you, they will never harm you, except with that which Allah has decreed against you. The pens have been raised and the pages are dry.) At-Tirmidhi collected this Hadith and said: "Hasan Sahih." Allah's statement, إِنَّ اللَّهَ بَـلِغُ أَمْرِهِ (Verily, Allah will accomplish his purpose.) meaning, Allah will execute His decisions and judgement that He made for him, in whatever way He wills and chooses, قَدْ جَعَلَ اللَّهُ لِكُلِّ شَىْءٍ قَدْراً (Indeed Allah has set a measure for all things.) This is like His saying: وَكُلُّ شَىْءٍ عِندَهُ بِمِقْدَارٍ (Everything with Him is in (due) proportion.) (13:8)

Ordaining Kindness towards Divorced Women Allah the Exalted says that when the woman who is in her `Iddah nears the end of the `Iddah term, the husband must decide to reconcile with her, thus keeping their marriage together, بِمَعْرُوفٍ (in a good manner) while being kind to her in their companionship. Otherwise, he must decide to divorce her on good terms, without abusing, cursing, or admonishing her. To the contrary, he should divorce her on good terms, observing kindness and good manners. The Command to have Witnesses for the Return Allah said, وَأَشْهِدُواْ ذَوَى عَدْلٍ مِّنكُمْ (And take as witness two just persons from among you.) meaning when taking her back, if this is your decision. Abu Dawud and Ibn Majah recorded that `Imran bin Husayn was asked about a man who divorced his wife and then had sexual intercourse with her, without notifying witnesses of when he divorced her and when he took her back. `Imran said, "His divorce and taking her back was in contradiction to the Sunnah. Incorporate the presence of witnesses for divorcing her and taking her back, and do not repeat your conduct." Ibn Jurayj said that `Ata' commented on the Ayah, وَأَشْهِدُواْ ذَوَى عَدْلٍ مِّنكُمْ (And take as witness two just persons from among you.) "It is not permissible to marry, divorce or take back the divorced wife except with two just witnesses, just as Allah the Exalted has said, except when there is a valid excuse." Allah's statement, ذَلِكُمْ يُوعَظُ بِهِ مَن كَانَ يُؤْمِنُ بِاللَّهِ وَالْيَوْمِ الاٌّخِرِ (That will be an admonition given to him who believes in Allah and the Last Day.) means, `this, Our command to you to have witnesses in such cases and to establish the witness, is implemented by those who believe in Allah and the Last Day.' This legislation is meant to benefit those who fear Allah's punishment in the Hereafter. Allah provides, suffices, and makes a Way out of Every Hardship for Those Who have Taqwa Allah said, وَمَن يَتَّقِ اللَّهَ يَجْعَل لَّهُ مَخْرَجاًوَيَرْزُقْهُ مِنْ حَيْثُ لاَ يَحْتَسِبُ (And whosoever has Taqwa of Allah, He will make a way for him to get out. And He will provide him from where he never could imagine.) meaning, whoever has Taqwa of Allah in what He has commanded and avoids what He has forbidden, then Allah will make a way out for him from every difficulty and will provide for him from resources he never anticipated or thought about. Ibn Abi Hatim recorded that `Abdullah bin Mas`ud said, "The most comprehensive Ayah in the Qur'an is, إِنَّ اللَّهَ يَأْمُرُ بِالْعَدْلِ وَالإْحْسَانِ (Verily, Allah enjoins Al-`Adl (justice) and Al-Ihsan (doing good) (16:90). The greatest Ayah in the Qur'an that contains relief is, وَمَن يَتَّقِ اللَّهَ يَجْعَل لَّهُ مَخْرَجاً (And whosoever has Taqwa of Allah, He will make a way for him to get out.)" `Ikrimah also commented on the Ayah, "Whoever divorces as Allah commanded him, then Allah will make a way out for him." Similar was reported from Ibn `Abbas and Ad-Dahhak.`Abdullah bin Mas`ud and Masruq commented on the Ayah, وَمَن يَتَّقِ اللَّهَ يَجْعَل لَّهُ مَخْرَجاً (And whosoever has Taqwa of Allah, He will make a way for him to get out.) "It pertains to when one knows that if Allah wills He gives, and if He wills He deprives, مِنْ حَيْثُ لاَ يَحْتَسِبُ (from where he never could imagine.) from resources he did not anticipate" Qatadah said, وَمَن يَتَّقِ اللَّهَ يَجْعَل لَّهُ مَخْرَجاً (And whosoever has Taqwa of Allah, He will make a way for him to get out.) "meaning, from every doubt and the horrors experienced at the time of death, وَيَرْزُقْهُ مِنْ حَيْثُ لاَ يَحْتَسِبُ (And He will provide him from where he never could imagine) from where he never thought of or anticipated." Allah said, وَمَن يَتَوَكَّلْ عَلَى اللَّهِ فَهُوَ حَسْبُهُ (And whosoever puts his trust in Allah, then He will suffice him.) Imam Ahmad recorded that Ibn `Abbas said that he rode the Prophet's camel while sitting behind the Prophet , and the Messenger of Allah ﷺ said to him, «يَا غُلَامُ إِنِّي مُعَلِّمُكَ كَلِمَاتٍ: احْفَظِ اللهَ يَحْفَظْكَ، احْفَظِ اللهَ تَجِدْهُ تُجَاهَكَ، وَإِذَا سَأَلْتَ فَاسْأَلِ اللهَ، وَإِذَا اسْتَعَنْتَ فَاسْتَعِنْ بِاللهِ، وَاعْلَمْ أَنَّ الْأُمَّةَ لَوِ اجْتَمَعُوا عَلَى أَنْ يَنْفَعُوكَ لَمْ يَنْفَعُوكَ إِلَّا بِشَيْءٍ قَدْ كَتَبَهُ اللهُ لَكَ، وَلَوِ اجْتَمَعُوا عَلَى أَنْ يَضُرُّوكَ لَمْ يَضُرُّوكَ إِلَّا بِشَيْءٍ قَدْ كَتَبَهُ اللهُ عَلَيْكَ، رُفِعَتِ الْأَقْلَامُ وَجَفَّتِ الصُّحُف» (O boy! I will teach you words so learn them. Be mindful of Allah and He will protect you, be mindful of Allah and He will be on your side. If you ask, ask Allah, and if you seek help, seek it from Allah. Know that if the Ummah gather their strength to bring you benefit, they will never bring you benefit, except that which Allah has decreed for you. Know that if they gather their strength to harm you, they will never harm you, except with that which Allah has decreed against you. The pens have been raised and the pages are dry.) At-Tirmidhi collected this Hadith and said: "Hasan Sahih." Allah's statement, إِنَّ اللَّهَ بَـلِغُ أَمْرِهِ (Verily, Allah will accomplish his purpose.) meaning, Allah will execute His decisions and judgement that He made for him, in whatever way He wills and chooses, قَدْ جَعَلَ اللَّهُ لِكُلِّ شَىْءٍ قَدْراً (Indeed Allah has set a measure for all things.) This is like His saying: وَكُلُّ شَىْءٍ عِندَهُ بِمِقْدَارٍ (Everything with Him is in (due) proportion.) (13:8)

Divorce is Thrice This honorable Ayah abrogated the previous practice in the beginning of Islam, when the man had the right to take back his divorced wife even if he had divorced her a hundred times, as long as she was still in her `Iddah (waiting period). This situation was harmful for the wife, and this is why Allah made the divorce thrice, where the husband is allowed to take back his wife after the first and the second divorce (as long as she is still in her `Iddah). The divorce becomes irrevocable after the third divorce, as Allah said: الطَّلَـقُ مَرَّتَانِ فَإِمْسَاكٌ بِمَعْرُوفٍ أَوْ تَسْرِيحٌ بِإِحْسَـنٍ (The divorce is twice, after that, either you retain her on reasonable terms or release her with kindness.) In his Sunan, Abu Dawud reported in Chapter: "Taking the Wife back after the third (Divorce) is an abrogated practice," that Ibn `Abbas commented on the Ayah: وَالْمُطَلَّقَـتُ يَتَرَبَّصْنَ بِأَنْفُسِهِنَّ ثَلَـثَةَ قُرُوءٍ وَلاَ يَحِلُّ لَهُنَّ أَن يَكْتُمْنَ مَا خَلَقَ اللَّهُ فِى أَرْحَامِهِنَّ (And divorced women shall wait (as regards their marriage) for three menstrual periods, and it is not lawful for them to conceal what Allah has created in their wombs,) (2:228) The man used to have the right to take back his wife even if he had divorced her thrice. Allah abrogated this and said: الطَّلَـقُ مَرَّتَانِ (The divorce is twice.) This Hadith was also collected by An-Nasa'i. Ibn Abu Hatim reported that `Urwah said that a man said to his wife, "I will neither divorce you nor take you back." She said, "How" He said, "I will divorce you and when your term of `Iddah nears its end, I will take you back." She went to Allah's Messenger ﷺ and told him what happened, and Allah revealed: الطَّلَـقُ مَرَّتَانِ (The divorce is twice.) Ibn Jarir (At-Tabari) also reported this Hadith in his Tafsir. Allah said: فَإِمْسَاكٌ بِمَعْرُوفٍ أَوْ تَسْرِيحٌ بِإِحْسَـنٍ (...after that, either you retain her on reasonable terms or release her with kindness.) meaning, `If you divorce her once or twice, you have the choice to take her back, as long as she is still in her `Iddah, intending to be kind to her and to mend differences. Otherwise, await the end of her term of `Iddah, when the divorce becomes final, and let her go her own way in peace, without committing any harm or injustice against her.' `Ali bin Abu Talhah reported that Ibn `Abbas said, "When the man divorces his wife twice, let him fear Allah, regarding the third time. He should either keep her with him and treat her with kindness, or let her go her own way with kindness, without infringing upon any of her rights." Taking back the Mahr (Dowry) Allah said: وَلاَ يَحِلُّ لَكُمْ أَن تَأْخُذُواْ مِمَّآ ءَاتَيْتُمُوهُنَّ شَيْئًا (And it is not lawful for you (men) to take back (from your wives) any of (the dowry) what you gave them,) meaning, you are not allowed to bother or pressure your wives to end this situation by giving you back the Mahr and any gifts that you have given them (in return for divorce). Similarly, Allah said: وَلاَ تَعْضُلُوهُنَّ لِتَذْهَبُواْ بِبَعْضِ مَآ ءَاتَيْتُمُوهُنَّ إِلاَّ أَن يَأْتِينَ بِفَاحِشَةٍ مُّبَيِّنَةٍ (...and you should not treat them with harshness, that you may take away part of what you have given them, unless they commit open illegal sexual intercourse.) (4:19) However, if the wife willingly gives back anything with a good heart, then Allah said regarding this situation: فَإِن طِبْنَ لَكُمْ عَن شَىْءٍ مِّنْهُ نَفْساً فَكُلُوهُ هَنِيئاً مَّرِيئاً (...but if they, of their own good pleasure, remit any part of it to you, take it, and enjoy it without fear of any harm.) (4:4) Allowing Khul` and the Return of the Mahr in that Case When the spouses have irreconcilable differences wherein the wife ignores the rights of the husband, dislikes him and becomes unable to live with him any longer, she is allowed to free herself (from married life) by giving him back what he had given her (in gifts and Mahr). There is no sin on her in this case nor on him if he accepts such offer. This is why Allah said: وَلاَ يَحِلُّ لَكُمْ أَن تَأْخُذُواْ مِمَّآ ءَاتَيْتُمُوهُنَّ شَيْئًا إِلاَّ أَن يَخَافَآ أَلاَّ يُقِيمَا حُدُودَ اللَّهِ فَإِنْ خِفْتُمْ أَلاَّ يُقِيمَا حُدُودَ اللَّهِ فَلاَ جُنَاحَ عَلَيْهِمَا فِيمَا افْتَدَتْ بِهِ (And it is not lawful for you (men) to take back (from your wives) any of what you gave them, except when both parties fear that they would be unable to keep the limits ordained by Allah (e.g., to deal with each other on a fair basis). Then if you fear that they would not be able to keep the limits ordained by Allah, then there is no sin on either of them if she gives back.) Sometimes, the woman has no valid reason and she still asks for her marriage to be ended. In this case, Ibn Jarir reported that Thawban said that Allah's Messenger ﷺ said: «أَيُّمَا امْرَأَةٍ سَأَلَتْ زَوْجَهَا طَلَاقًا فِي غَيْرِ مَا بَأْسٍ، فَحَرَامٌ عَلَيْهَا رَائِحَةُ الْجَنَّـة» (Any woman who asks her husband for divorce without justification, then the scent of Paradise will be forbidden for her.) At-Tirmidhi recorded this Hadith and stated that it is Hasan. Ibn Jarir said that the Ayah (2:229) was revealed about Thabit bin Qays bin Shammas and his wife Habibah bint `Abdullah bin Ubayy bin Salul. In his Muwatta', Imam Malik reported that Habibah bint Sahl Al-Ansariyah was married to Thabit bin Qays bin Shammas and that Allah's Messenger ﷺ once went to the Fajr (Dawn) prayer and found Habibah bint Sahl by his door in the dark. Allah's Messenger ﷺ said, "Who is this" She said, "I am Habibah bint Sahl, O Messenger of Allah ﷺ!" He said, "What is the matter" She said, "I and Thabit bin Qays", meaning, (she can no longer be with) her husband. When her husband Thabit bin Qays came, Allah's Messenger ﷺ said to him: «هذِهِ حَبِيبَةُ بِنْتُ سَهْلٍ قَدْ ذَكَرَتْ مَا شَاءَ اللهُ أَنْ تَذْكُر» (This is Habibah bint Sahl, she said what Allah has permitted her to say.) Habibah also said, "O Messenger of Allah ﷺ! I still have everything he gave me." Allah's Messenger ﷺ said: «خُذْ مِنْهَا» (Take it from her.) So, he took it from her and she remained in her family's house." This was reported by Ahmad, Abu Dawud and An-Nasai. Al-Bukhari reported that Ibn `Abbas said that the wife of Thabit bin Qays bin Shammas came to the Prophet and said, "O Messenger of Allah ﷺ! I do not criticize his religion or mannerism. But I hate committing Kufr in Islam (by ignoring his rights on her)." Allah's Messenger ﷺ said: «أَتَرُدِّينَ عَلَيهِ حَدِيقَتَه» ؟ (Will you give him back his garden) She said, "Yes." Allah's Messenger ﷺ said: «اقْبَلِ الْحَدِيقَةَ وَطَلِّقْهَا تَطْلِيقَة» (Take back the garden and divorce her once. ) An-Nasa'i also recorded it. The `Iddah (Waiting Period) for the Khul" At-Tirmidhi reported that Rubayi` bint Mu`awwidh bin `Afra' got a Khul` during the time of Allah's Messenger ﷺ and the Prophet ordered her to wait for one menstruation period for `Iddah. Transgressing the set limits of Allah is an Injustice Allah said: تِلْكَ حُدُودُ اللَّهِ فَلاَ تَعْتَدُوهَا وَمَن يَتَعَدَّ حُدُودَ اللَّهِ فَأُوْلَـئِكَ هُمُ الظَّـلِمُونَ (These are the limits ordained by Allah, so do not transgress them. And whoever transgresses the limits ordained by Allah, then such are the wrongdoers.) This means that the laws that Allah has legislated are His set limits, so do not transgress them. An authentic Hadith states: «إِنَّ اللهَ حَدَّ حُدُودًا فَلَا تَعْتَدُوهَا، وفَرَضَ فَرَائِضَ فَلَا تُضَيِّعُوهَا، وحَرَّمَ مَحَارِمَ فَلَا تَنْتَهِكُوهَا، وَسَكَتَ عَنْ أَشْيَاءَ رَحْمَةً لَكُمْ مِنْ غَيْرِ نِسْيَانٍ فَلَا تَسْأَلُوا عَنْهَا» (Allah has set some limits, so do not transgress them; and commanded some commands, so do not ignore them; and made some things unlawful, so do not commit them. He has also left some matters (without rulings) as a mercy with you, not because He has forgotten them, so do not ask about them.) Pronouncing Three Divorces at the same Time is Unlawful The last Ayah we mentioned was used as evidence to prove that it is not allowed to pronounce three divorces at one time. What further proves this ruling is that Mahmud bin Labid has stated - as An-Nasa'i recorded - that Allah's Messenger ﷺ was told about a man who pronounced three divorces on his wife at one time, so the Prophet stood up while angry and said: «أَيُلْعَبُ بِكِتَابِ اللهِ وَأَنَا بَيْنَ أَظْهُرِكُم» ؟ (The Book of Allah is being made the subject of jest while I am still amongst you) A man then stood up and said, "Should I kill that man, O Messenger of Allah ﷺ" The Wife cannot be taken back after the Third Divorce Allah said: فَإِن طَلَّقَهَا فَلاَ تَحِلُّ لَهُ مِن بَعْدُ حَتَّى تَنْكِحَ زَوْجًا غَيْرَهُ (And if he has divorced her (the third time), then she is not lawful for him thereafter until she has married another husband.) This Ayah indicates that if the man divorces his wife for the third time after he divorced her twice, then she will no longer be allowed for marriage to him. Allah said: حَتَّى تَنْكِحَ زَوْجًا غَيْرَهُ (...until she has married another husband.) meaning, until she legally marries another man. For instance, if she has sexual intercourse with any man, even her master (if she was a servant), she would still be ineligible for marriage for her ex-husband (who divorced her thrice), because whomever she had sexual relations with was not her legal husband. If she marries a man without consummating the marriage, she will not be eligible for her ex-husband. Muslim reported that `A'ishah said that Allah's Messenger ﷺ was asked about a woman who marries a man who thereafter divorces her (thrice). She then marries another man and he divorces her before he has sexual relations with her, would she be allowed for her first husband Allah's Messenger ﷺ said: «لَا، حَتَّى يَذُوقَ عُسَيْلَتَهَا» (No, until he enjoys her `Usaylah (sexual relation).) Al-Bukhari also reported this Hadith. Imam Ahmad recorded that `A'ishah said, "The wife of Rifa`ah Al-Qurazi came while I and Abu Bakr were with the Prophet and she said, `I was Rifa`ah's wife, but he divorced me and it was an irrevocable divorce. Then I married `Abdur-Rahman bin Az-Zubayr, but his sexual organ is minute like a string.' She then took a small string of her garment (to resemble how small his sexual organ was). Khalid bin Sa`id bin Al-`As, who was next to the door and was not yet allowed in, said, `O Abu Bakr! Why do you not forbid this (woman) from what she is revealing frankly before the Prophet' The Prophet merely smiled. Then, Allah's Messenger ﷺ asked her: c «كَأَنَّكِ تُرِيدِينَ أَنْ تَرْجِعِي إِلى رِفَاعَةَ، لَا، حَتَّى تَذُوقِي عُسَيْلَتَهُ، وَيَذُوقَ عُسَيْلَتَك» (Do you want to remarry Rifa`ah You cannot unless you experience his `Usaylah and he experiences your `Usaylah (i.e., had a complete sexual relation with your present husband).)" Al-Bukhari, Muslim, and An-Nasa'i also recorded this Hadith. Muslim's wording is "Rifa`ah divorced his wife for the third and final time." The word `Usaylah mentioned in the Hadith means sexual intercourse. Imam Ahmad and An-Nasa'i reported that `A'ishah said that Allah's Messenger ﷺ said: «أَلَا إِنَّ الْعُسَيْلَةَ الْجِمَاع» (`Usaylah is sexual intercourse.) The Curse on the Participants of Tahlil/Halalah The reason for the woman (who was divorced thrice) to marry another man must be that the man desires her and has the intention of having an extended married life with her. These are the legal goals and aims behind marriage. If the reason behind the second marriage was to make the woman eligible for her ex-husband again, then this is the Tahlil that the Hadiths have cursed and criticized. In addition, when the reason behind this marriage (if it was Tahlil) is announced in the contract, it would make the contract invalid according to the majority of the scholars. Imam Ahmad reported that `Abdullah bin Mas`ud said, "Allah's Messenger ﷺ cursed the one who does Tahlil, the one in whose favor it is done, those who eat Riba (usury) and those who feed it (pay the usury)." At-Tirmidhi and An-Nasa'i reported this Hadith and At-Tirmidhi said, "This Hadith is Hasan." He said, "This is what is acted upon according to people of knowledge among the Companions, among whom are `Umar, `Uthman and Ibn `Umar. It was also the saying of the scholars of Fiqh among the Tabi`in (second generation of Islam). And it has been reported from `Ali, Ibn Mas`ud and Ibn `Abbas". In his Mustadrak, Al-Hakim reported that Nafi` said: "A man came to Ibn `Umar and asked him about a man who divorced his wife three times. Then, his brother married her to make Tahlil for his brother, without the brother knowing this fact. He then asked, "Is she allowed for the first (husband)" He said, "No, unless it is a marriage that involves desire. We used to consider this an act of adultery during the time of Allah's Messenger ﷺ." Al-Hakim said, "This Hadith has a Sahih chain although they (Al-Bukhari and Muslim) did not record it."The wording of this Hadith indicates that the ruling came from the Prophet . Abu Bakr bin Abu Shaybah, Al-Jawzjani, Harb Al-Kirmani and Abu Bakr Al-Athram said that Qabisah bin Jabir said that `Umar said, "If the participants to Tahlil are brought to me, I will have them stoned." When does a Woman who was divorced Three Times become Eligible for Her First Husband Allah said: فَإِن طَلَّقَهَا (And if he has divorced her) meaning, the second husband after he had complete sexual relations with her, فَلاَ جُنَاحَ عَلَيْهِمَآ أَن يَتَرَاجَعَآ (it is no sin on both of them that they reunite) meaning, the wife and her first husband, إِن ظَنَّآ أَن يُقِيمَا حُدُودَ اللَّهِ (provided they feel that they can keep the limits ordained by Allah.) meaning, they live together honorably. Mujahid said, "If they are convinced that the aim behind their marriage is honorable." Next, Allah said: وَتِلْكَ حُدُودُ اللَّهِ (These are the limits of Allah,) His commandments and legislation, يُبَيِّنُهَا (He makes plain) لِقَوْمٍ يَعْلَمُونَ (for the people who have knowledge.)