Verse Number 49
A Gift and no (Iddah) for Women Who are divorced before Consummation of the Marriage
This Ayah contains many rulings, including the use of the word Nikah for the marriage contract alone. There is no other Ayah in the Qur’an that is clearer than this on this point. It also indicates that it is permissible to divorce a woman before consummating the marriage with her.
الْمُؤْمِنَـتِ
(believing women) this refers to what is usually the case, although there is no difference between a believing (Muslim) woman and a woman of the People of the Book in this regard, according to scholarly consensus. Ibn `Abbas, may Allah be pleased with him, Sa`id bin Al-Musayyib, Al-Hasan Al-Basri, `Ali bin Al-Husayn Zayn-ul-`Abidin and a group of the Salaf took this Ayah as evidence that divorce cannot occur unless it has been preceded by marriage, because Allah says,
إِذَا نَكَحْتُمُ الْمُؤْمِنَـتِ ثُمَّ طَلَّقْتُمُوهُنَّ
(When you marry believing women, and then divorce them) The marriage contract here is followed by divorce, which indicates that the divorce cannot be valid if it comes first. Ibn Abi Hatim recorded that Ibn `Abbas, may Allah be pleased with him, said, “If someone were to say, `every woman I marry will ipso facto be divorced,’ this does not mean anything, because Allah says:
يأَيُّهَا الَّذِينَ ءَامَنُواْ إِذَا نَكَحْتُمُ الْمُؤْمِنَـتِ ثُمَّ طَلَّقْتُمُوهُنَّ
(O you who believe! When you marry believing women, and then divorce them….).” It was also reported that Ibn `Abbas, may Allah be pleased with him, said: “Allah said,
إِذَا نَكَحْتُمُ الْمُؤْمِنَـتِ ثُمَّ طَلَّقْتُمُوهُنَّ
(When you marry believing women, and then divorce them.) Do you not see that divorce comes after marriage” A Hadith to the same effect was recorded from `Amr bin Shu`ayb from his father from his grandfather, who said: “The Messenger of Allah ﷺ said:
«لَا طَلَاقَ لِابْنِ آدَمَ فِيمَا لَا يَمْلِك»
(There is no divorce for the son of Adam with regard to that which he does not possess.) This was recorded by Ahmad, Abu Dawud, At-Tirmidhi and Ibn Majah. At-Tirmidhi said, “This is a Hasan Hadith, and it is the best thing that has been narrated on this matter.” It was also recorded by Ibn Majah from `Ali and Al-Miswar bin Makhramah, may Allah be pleased with them, that the Messenger of Allah ﷺ said:
«لَا طَلَاقَ قَبْلَ نِكَاح»
(There is no divorce before marriage.)
فَمَا لَكُمْ عَلَيْهِنَّ مِنْ عِدَّةٍ تَعْتَدُّونَهَا
(no `Iddah have you to count in respect of them.) This is a command on which the scholars are agreed, that if a woman is divorced before the marriage is consummated, she does not have to observe the `Iddah (prescribed period for divorce) and she may go and get married immediately to whomever she wishes. The only exception in this regard is a woman whose husband died, in which case she has to observe an `Iddah of four months and ten days even if the marriage was not consummated. This is also according to the consensus of the scholars.
فَمَتِّعُوهُنَّ وَسَرِّحُوهُنَّ سَرَاحاً جَمِيلاً
(So, give them a present, and set them free in a handsome manner.) The present here refers to something more general than half of the named dowery or a special gift that has not been named. Allah says:
وَإِن طَلَّقْتُمُوهُنَّ مِن قَبْلِ أَن تَمَسُّوهُنَّ وَقَدْ فَرَضْتُمْ لَهُنَّ فَرِيضَةً فَنِصْفُ مَا فَرَضْتُمْ
(And if you divorce them before you have touched (had a sexual relation with) them, and you have fixed unto them their due (dowery) then pay half of that) (2:237). And Allah says:
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
(There is no sin on you, if you divorce women while yet you have not touched them, nor fixed unto them their due (dowery). But bestow on them 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.) (2:236) pIn Sahih Al-Bukhari, it was recorded that Sahl bin Sa`d and Abu Usayd, may Allah be pleased with them both, said, “The Messenger of Allah ﷺ married Umaymah bint Sharahil, and when she entered upon him he reached out his hand towards her, and it was as if she did not like that, so he told Abu Usayd to give her two garments.” `Ali bin Abi Talhah reported that Ibn `Abbas, may Allah be pleased with him, said “If the dowery had been named, she would not be entitled to more than half, but if the dowery is not been named, he should give her a gift according to his means, and this is the “handsome manner.”
Verse Number 50
The Women who are Lawful for the Prophet
Allah says, addressing His Prophet that He has made lawful for him of women his wives to whom he has given the dowery, which is what is meant by “their due”, which is used here, as was stated by Mujahid and others. The dowery which he gave to his wives was twelve and half `Uqiyah (measures of gold) so they all received five hundred Dirhams except for Umm Habibah bint Abi Sufyan, to whom An-Najashi, may Allah have mercy on him, gave four hundred Dinars (on behalf of the Prophet ) Safiyyah bint Huyay, whom he chose from among the prisoners of Khaybar, then he set her free, making her release her dowery. A similar case was that of Juwayriyah bint Al-Harith Al-Mustalaqiyyah — he paid off the contract to buy her freedom from Thabit bin Qays bin Shammas and married her. May Allah be pleased with them all.
وَمَا مَلَكَتْ يَمِينُكَ مِمَّآ أَفَآءَ اللَّهُ عَلَيْكَ
(those (slaves) whom your right hand possesses whom Allah has given to you,) means, `the slave-girls whom you took from the war booty are also permitted to you.’ He owned Safiyyah and Juwayriyah, then he manumitted them and married them, and he owned Rayhanah bint Sham`un An-Nadariyyah and Mariyah Al-Qibtiyyah, the mother of his son Ibrahim, upon him be peace; they were both among the prisoners, may Allah be pleased with them.
وَبَنَاتِ عَمِّكَ وَبَنَاتِ عَمَّـتِكَ وَبَنَاتِ خَالِكَ وَبَنَاتِ خَـلَـتِكَ
(and the daughters of your paternal uncles and the daughters of your paternal aunts and the daughters of your maternal uncles and the daughters of your maternal aunts) This is justice which avoids going to either extreme, for the Christians do not marry a woman unless there are seven grandfathers between the man and the woman (i.e., they are very distantly related or not at all), and the Jews allow a man to marry his brother’s daughter or his sister’s daughter. So the pure and perfect Shari`ah came to cancel out the extremes of the Christians, and permitted marriage to the daughter of a paternal uncle or aunt, or the daughter of a maternal uncle or aunt, and forbade the excesses of the Jews who allowed marriage to the daughter of a brother or sister which is an abhorrent thing.
وَامْرَأَةً مُّؤْمِنَةً إِن وَهَبَتْ نَفْسَهَا لِلنَّبِىِّ إِنْ أَرَادَ النَّبِىُّ أَن يَسْتَنكِحَهَا خَالِصَةً لَّكَ
(and a believing woman if she offers herself to the Prophet, and the Prophet wishes to marry her — a privilege for you only,) means, `also lawful for you, O Prophet, is a believing woman if she offers herself to you, to marry her without a dowery, if you wish to do so.’ This Ayah includes two conditions. Imam Ahmad recorded from Sahl bin Sa`d As-Sa`idi that a woman came to the Messenger of Allah ﷺ and said, “O Messenger of Allah, verily, I offer myself to you (for marriage).” She stood there for a long time, then a man stood up and said, “O Messenger of Allah, marry her to me if you do not want to marry her.” The Messenger of Allah ﷺ said:
«هَلْ عِنْدَكَ مِنْ شَيْءٍ تُصْدِقُهَا إِيَّاهُ؟»
(Do you have anything that you could give to her as a dowery) He said, “I have only this garment of mine.” The Messenger of Allah ﷺ said:
«إِنْ أَعْطَيْتَهَا إِزَارَكَ جَلَسْتَ لَا إِزَارَ لَكَ، فَالْتَمِسْ شَيْئًا»
(If you give her your garment, you will be left with no garment. Look for something.) He said, “I do not have anything.” He said:
«الْتَمِسْ وَلَوْ خَاتَمًا مِنْ حَدِيد»
(Look for something, even if it is only an iron ring.) So he looked, but he could not find anything. Then the Messenger of Allah ﷺ said to him:
«هَلْ مَعَكَ مِنَ الْقُرْآنِ شَيْءٌ؟»
(Do you have know anything of the Qur’an) He said, “Yes, Surah such and such and Surah and such,” he named the Surahs. So, the Messenger of Allah ﷺ said:
«زَوَّجْتُكَهَا بِمَا مَعَكَ مِنَ الْقُرْآن»
(I marry her to you with what you know of the Qur’an.) It was also recorded by (Al-Bukhari and Muslim) from the Hadith of Malik. Ibn Abi Hatim recorded a narration from his father that `A’ishah said: “The woman who offered herself to the Prophet was Khawlah bint Hakim.” Al-Bukhari recorded that `A’ishah said, “I used to feel jealous of those women who offered themselves to the Prophet and I said, `Would a woman offer herself’ When Allah revealed the Ayah:
تُرْجِى مَن تَشَآءُ مِنْهُنَّ وَتُؤْوِى إِلَيْكَ مَن تَشَآءُ وَمَنِ ابْتَغَيْتَ مِمَّنْ عَزَلْتَ فَلاَ جُنَاحَ عَلَيْكَ
(You can postpone whom you will of them, and you may receive whom you will. And whomsoever you desire of those whom you have set aside, it is no sin on you) I said, `I see that your Lord hastens to confirm your desires.”‘ Ibn Abi Hatim recorded that Ibn `Abbas said: “The Messenger of Allah ﷺ did not have any wife who offered herself to him. ” This was recorded by Ibn Jarir. In other words, he did not accept any of those who offered themselves to him, even though they were lawful for him — a ruling which applied to him alone. The matter was left to his own choice, as Allah says:
إِنْ أَرَادَ النَّبِىُّ أَن يَسْتَنكِحَهَا
(and if the Prophet wishes to marry her) meaning, if he chooses to do so.
خَالِصَةً لَّكَ مِن دُونِ الْمُؤْمِنِينَ
(a privilege for you only, not for the (rest of) the believers.) `Ikrimah said: “This means, it is not permissible for anyone else to marry a woman who offers herself to him; if a woman offers herself to a man, it is not permissible for him (to marry her) unless he gives her something.” This was also the view of Mujahid, Ash-Sha`bi and others. In other words, if a woman offers herself to a man, when he consummates the marriage, he has to give her a dowery like that given to any other woman of her status, as the Messenger of Allah ﷺ ruled in the case of Barwa` bint Washiq when she offered herself in marriage; the Messenger of Allah ﷺ ruled that she should be given a dowery that was appropriate for a woman like her after her husband died. Death and consummation are the same with regard to the confirmation of the dowery, and the giving of a dowery appropriate to the woman’s status in the case of those who offer themselves to men other than the Prophet is an established ruling. With regard to the Prophet himself, he is not obliged to give a dowery to a woman who offers herself to him, even if he consummated the marriage, because he has the right to marry without a dowery, Wali (representative) or witnesses, as we have seen in the story of Zaynab bint Jahsh, may Allah be pleased with her. Qatadah said, concerning the Ayah:
خَالِصَةً لَّكَ مِن دُونِ الْمُؤْمِنِينَ
(a privilege for you only, not for the (rest of) the believers.) no woman has the right to offer herself to any man without a Wali or a dowery, except to the Prophet .
قَدْ عَلِمْنَا مَا فَرَضْنَا عَلَيْهِمْ فِى أَزْوَجِهِـمْ وَمَا مَلَكَتْ أَيْمَـنُهُمْ
(Indeed We know what We have enjoined upon them about their wives and those (servants) whom their right hands possess,) Ubayy bin Ka`b, Mujahid, Al-Hasan, Qatadah and Ibn Jarir said, concerning the Ayah:
قَدْ عَلِمْنَا مَا فَرَضْنَا عَلَيْهِمْ فِى أَزْوَجِهِـمْ
(Indeed We know what We have enjoined upon them about their wives) means, `concerning the limiting of their number to four free women, and whatever they wish of slave-girls, and the conditions of a representative, dowery and witnesses to the marriage. This is with regard to the Ummah (the people), but We have granted an exemption in your case and have not imposed any of these obligations upon you.’
لِكَيْلاَ يَكُونَ عَلَيْكَ حَرَجٌ وَكَانَ اللَّهُ غَفُوراً رَّحِيماً
(in order that there should be no difficulty on you. And Allah is Ever Oft-Forgiving, Most Merciful.)