Tafseer Verse 4-5
The `Iddah of Those in Menopause and Those Who do not have Menses
Allah the Exalted clarifies the waiting period of the woman in menopause. And that is the one whose menstruation has stopped due to her older age. Her `Iddah is three months instead of the three monthly cycles for those who menstruate, which is based upon the Ayah in (Surat) Al-Baqarah. see 2:228 The same for the young, who have not reached the years of menstruation. Their `Iddah is three months like those in menopause. This is the meaning of His saying;
وَاللَّـتِي لَمْ يَحِضْنَ
(and for those who have no courses…) as for His saying;
إِنِ ارْتَبْتُمْ
(if you have doubt…) There are two opinions: First, is the saying of a group of the Salaf, like Mujahid, Az-Zuhri and Ibn Zayd. That is, if they see blood and there is doubt if it was menstrual blood or not. The second, is that if you do not know the ruling in this case, then know that their `Iddah is three months. This has been reported from Sa`id bin Jubayr and it is the view preferred by Ibn Jarir. And this is the more obvious meaning. Supporting this view is what is reported from Ubay bin Ka`b that he said, “O Allah’s Messenger! Some women were not mentioned in the Qur’an, the young, the old and the pregnant.” Allah the Exalted and Most Honored sent down this Ayah,
وَاللاَّئِى يَئِسْنَ مِنَ الْمَحِيضِ مِن نِّسَآئِكُمْ إِنِ ارْتَبْتُمْ فَعِدَّتُهُنَّ ثَلَـثَةُ أَشْهُرٍ وَاللَّـتِي لَمْ يَحِضْنَ وَأُوْلَـتُ الاٌّحْمَالِ أَجَلُهُنَّ أَن يَضَعْنَ حَمْلَهُنَّ
(Those in menopause among your women, for them the `Iddah, if you have doubt, is three months; and for those who have no courses. And for those who are pregnant, their `Iddah is until they lay down their burden.) Ibn Abi Hatim recorded a simpler narration than this one from Ubay bin Ka`b who said, “O Allah’s Messenger! When the Ayah in Surat Al-Baqarah was revealed prescribing the `Iddah of divorce, some people in Al-Madinah said, `There are still some women whose `Iddah has not been mentioned in the Qur’an. There are the young, the old whose menstruation is discontinued, and the pregnant.’ Later on, this Ayah was revealed,
وَاللاَّئِى يَئِسْنَ مِنَ الْمَحِيضِ مِن نِّسَآئِكُمْ إِنِ ارْتَبْتُمْ فَعِدَّتُهُنَّ ثَلَـثَةُ أَشْهُرٍ وَاللَّـتِي لَمْ يَحِضْنَ
(Those in menopause among your women, for them the `Iddah, if you have doubt, is three months; and for those who have no courses.)”
`Iddah of Pregnant Women
Allah’s statement,
وَأُوْلَـتُ الاٌّحْمَالِ أَجَلُهُنَّ أَن يَضَعْنَ حَمْلَهُنَّ
(And for those who are pregnant, their `Iddah is until they lay down their burden;) Allah says: the pregnant woman’s `Iddah ends when she gives birth, whether in the case of divorce or death of the husband, according to the agreement of the majority of scholars of the Salaf and later generations. This is based upon this honorable Ayah and what is mentioned in the Prophetic Sunnah. Al-Bukhari recorded that Abu Salamah said, “A man came to Ibn `Abbas while Abu Hurayrah was sitting with him and said, `Give me your verdict regarding a lady who delivered a baby forty days after the death of her husband.’ Ibn `Abbas said,` Her `Iddah period lasts until the end of the longest among the two prescribed periods.’ I recited,
وَأُوْلَـتُ الاٌّحْمَالِ أَجَلُهُنَّ أَن يَضَعْنَ حَمْلَهُنَّ
(For those who are pregnant, their prescribed period is until they deliver their burdens;) Abu Hurayrah said, `I agree with my cousin (Abu Salamah).’ Then Ibn `Abbas sent his slave Kurayb to Umm Salamah to ask her. She replied, `The husband of Subay`ah Al-Aslamiyyah was killed while she was pregnant, and she delivered a baby forty days after his death. Then she received a marriage proposal and Allah’s Messenger ﷺ married her to somebody. Abu As-Sanabil was one of those who proposed to her.” Al-Bukhari collected this short form of the Hadith, which Muslim and other scholars of Hadith collected using its longer form. Imam Ahmad recorded that Al-Miswar bin Makhramah said, “Subay`ah Al-Aslamiyyah gave birth to a child a few days after the death of her husband. When she finished the postdelivery term, she was proposed to. So she sought the permission of Allah’s Messenger ﷺ for the marriage, and he permitted her to marry, so she got married.” Al-Bukhari collected this narration, as did Muslim, Abu Dawud, An-Nasa’i and Ibn Majah with a different chain of narration from the Hadith of Subay`ah. Muslim bin Al-Hajjaj recorded that `Ubaydullah bin `Abdullah bin `Utbah said that his father wrote to `Umar bin `Abdullah bin Al-Arqam Az-Zuhri, requesting that he go to Subay`ah bint Al-Harith Al-Aslamiyyah to ask her about the matter in question, and about what Allah’s Messenger ﷺ said to her when she sought his verdict. `Umar bin `Abdullah wrote to `Ubaydullah bin `Abdullah bin `Utbah informing him that Subay`ah told him that she had been married to Sa`d bin Khawlah, and he was one of those who participated in the battle of Badr. He died during the Farewell Pilgrimage, while she was pregnant. Soon after his death, she gave birth. When she passed the postnatal term, she beautified herself for those who might propose to her. Abu As-Sanabil bin Ba`kak came to her and said, `Why do I see you have beautified yourself Do you wish to remarry By Allah, you cannot marry unless four months and ten days have passed.” Subay`ah said, “When he said that, I dressed myself in the evening and went to Allah’s Messenger ﷺ and asked him about his verdict. He gave me a religious verdict that I was allowed to marry after I had given birth to my child, saying I could marry if I wish.” This is the narration that Muslim collected. Al-Bukhari collected this Hadith in a shorter form. Allah’s statement,
وَمَن يَتَّقِ اللَّهَ يَجْعَل لَّهُ مِنْ أَمْرِهِ يُسْراً
(and whosoever has Taqwa of Allah, He will make his matter easy for him.) means, Allah will make his matters lenient for him and will soon bring forth relief and a quick way out,
ذَلِكَ أَمْرُ اللَّهِ أَنزَلَهُ إِلَيْكُمْ
(That is the command of Allah, which He has sent down to you;) meaning, this is His commandment and legislation that He sent down to you through His Messenger ,
وَمَن يَتَّقِ اللَّهَ يُكَفِّرْ عَنْهُ سَيِّئَـتِهِ وَيُعْظِمْ لَهُ أَجْراً
(and whosoever has Taqwa of Allah, He will expiate from him his sins, and will increase his reward.) means, Allah will prevent what he fears and multiply his reward even for the little good he does.
Tafseer Verse 6-7
The Divorced Woman has the Right to Decent Accommodations, and what is Reasonable
Allah the Exalted orders His faithful servants that when one of them divorces his wife, he should provide housing for her until the end of her `Iddah period,
أَسْكِنُوهُنَّ مِنْ حَيْثُ سَكَنتُم
(Lodge them where you dwell,) means, with you,
مِّن وُجْدِكُمْ
(according to what you have,) Ibn `Abbas, Mujahid and several others said, it refers to “Your ability.” Qatadah said, “If you can only afford to accommodate her in a corner of your house, then do so.”
Forbidding Ill-Treatment of Divorced Women
Allah’s statement,
وَلاَ تُضَآرُّوهُنَّ لِتُضَيِّقُواْ عَلَيْهِنَّ
(and do not harm them in order to suppress them.) Muqatil bin Hayyan said, “meaning, do not annoy her to force her to pay her way out nor expel her from your house.” Ath-Thawri said from Mansur, from Abu Ad-Duha:
وَلاَ تُضَآرُّوهُنَّ لِتُضَيِّقُواْ عَلَيْهِنَّ
(and do not harm them in order to suppress them) “He divorces her, and when a few days remain, he takes her back.”
The Irrevocable Divorced Pregnant Woman has the Right of Support (Maintenance) from Her Husband until She gives Birth
Allah said,
وَإِن كُنَّ أُوْلَـتِ حَمْلٍ فَأَنفِقُواْ عَلَيْهِنَّ حَتَّى يَضَعْنَ حَمْلَهُنَّ
(And if they are pregnant, then spend on them till they lay down their burden.) This is about the woman who is irrevocably divorced. If she is pregnant, then she is to be spent on her until she lays down her burden. This is supported due to the fact that if she is revocably divorced, the she has then right to receive her support (maintenance) whether she is pregnant or not.
The Divorced Mother may take Compensation for suckling Her Child
Allah said,
فَإِنْ أَرْضَعْنَ لَكُمْ
(Then if they suckle them for you,) meaning, when pregnant women give birth and they are irrevocably divorced by the expiration of the `Iddah, then at that time they may either suckle the child or not. But that is only after she nourishes him with the milk, that is the early on milk which the infant’s well-being depends upon. Then, if she suckles, she has the right to compensation for it. She is allowed to enter into a contract with the father or his representative in return for whatever payment they agree to. This is why Allah the Exalted said,
فَإِنْ أَرْضَعْنَ لَكُمْ فَـَاتُوهُنَّ أُجُورَهُنَّ
(Then if they suckle the children for you, give them their due payment,) Allah said,
وَأْتَمِرُواْ بَيْنَكُمْ بِمَعْرُوفٍ
(and let each of you deal with each other in a mannerly way.) meaning, the affairs of the divorced couple should be managed in a just way without causing harm to either one of them, just as Allah the Exalted said in Surat Al-Baqarah,
لاَ تُضَآرَّ وَلِدَةٌ بِوَلَدِهَا وَلاَ مَوْلُودٌ لَّهُ بِوَلَدِهِ
(No mother shall be treated unfairly on account of her child, nor father on account of child.) (2:233) Allah said,
وَإِن تَعَاسَرْتُمْ فَسَتُرْضِعُ لَهُ أُخْرَى
(But if you make difficulties for one another, then some other woman may suckle for him.) meaning, if the divorced couple disagrees, because the woman asks for an unreasonable fee for suckling their child, and the father refuses to pay the amount or offers an unreasonable amount, he may find another woman to suckle his child. If the mother agrees to accept the amount that was to be paid to the woman who agreed to suckle the child, then she has more right to suckle her own child. Allah’s statement,
لِيُنفِقْ ذُو سَعَةٍ مِّن سَعَتِهِ
(Let the rich man spend according to his means;) means, the wealthy father or his representative should spend on the child according to his means,
وَمَن قُدِرَ عَلَيْهِ رِزْقُهُ فَلْيُنفِقْ مِمَّآ ءَاتَاهُ اللَّهُ لاَ يُكَلِّفُ اللَّهُ نَفْساً إِلاَّ مَآ ءَاتَاهَا
(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.) This is as Allah said,
لاَ يُكَلِّفُ اللَّهُ نَفْسًا إِلاَّ وُسْعَهَا
(Allah does not burden a person beyond what He can bear.) 2:286
A Story of a Woman who had Taqwa
Allah’s statement;
سَيَجْعَلُ اللَّهُ بَعْدَ عُسْرٍ يُسْراً
(Allah will grant after hardship, ease.) This is a sure promise from Him, and indeed, Allah’s promises are true and He never breaks them, This is an Allah’s saying;
فَإِنَّ مَعَ الْعُسْرِ يُسْراً – إِنَّ مَعَ الْعُسْرِ يُسْراً
(Verily, along with every hardship is relief. Verily, along with every hardship is relief.) 94:5-6 There is a relevant Hadith that we should mention here. Imam Ahmad recorded that Abu Hurayrah said, “A man and his wife from an earlier generation were poor. Once when the man came back from a journey, he went to his wife saying to her, while feeling hunger and fatigued, `Do you have anything to eat’ She said, `Yes, receive the good news of Allah’s provisions.’ He again said to her, `If you have anything to eat, bring it to me.’ She said, `Wait a little longer.’ She was awaiting Allah’s mercy. When the matter was prolonged, he said to her, `Get up and bring me whatever you have to eat, because I am real hungry and fatigued.’ She said, `I will. Soon I will open the oven’s cover, so do not be hasty.’ When he was busy and refrained from insisting for a while, she said to herself, `I should look in my oven.’ So she got up and looked in her oven and found it full of the meat of a lamb, and her mortar and pestle was full of seed grains; it was crushing the seeds on its own. So, she took out what was in the mortar and pestle, after shaking it to remove everything from inside, and also took the meat out that she found in the oven.” Abu Hurayrah added, “By He in Whose Hand is the life of Abu Al-Qasim (Prophet Muhammad ﷺ )! This is the same statement that Muhammad ﷺ said,
«لَوْ أَخَذَتْ مَا فِي رَحْيَيْهَا وَلَمْ تَنْفُضْهَا (لَطَحَنَتْهَا) إِلى يَوْمِ الْقِيَامَة»
(Had she taken out what was in her mortar and not emptied it fully by shaking it, it would have continued crushing the seeds until the Day of Resurrection.)”Previous Ayah