Divorce before touching (L-307)
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لا
جُناحَ عَلَيكُم إِن طَلَّقتُمُ النِّساءَ ما لَم تَمَسّوهُنَّ أَو تَفرِضوا
لَهُنَّ فَريضَةً ۚ وَمَتِّعوهُنَّ عَلَى الموسِعِ قَدَرُهُ وَعَلَى المُقتِرِ
قَدَرُهُ مَتاعًا بِالمَعروفِ ۖ حَقًّا عَلَى المُحسِنينَ236. |
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236. Laa junaaha ‘alaykum
‘in tallaqtumun-nisaaa-‘a maa lam
tamassuu-hunna ‘aw taf-rizuu lahunna fariizah.
Wa matti-‘uu- hunn. ‘Alalmuusi-‘i qadaruhuu
wa ‘alalmuqtiri qadaruh.
Mataa-‘am-bil-ma’-ruuf. Haq-qan ‘alal-Muhsiniin. |
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236. You commit no error by divorcing women before having
touched them, or before having set the dowry for them. And compensate
them—the wealthy according to his means, and the poor according to his
means—with a fair compensation, a duty upon the doers of good. |
It has been commanded in this verse that if the portion (maher) was not appointed at the time of marriage and married without specification, then the portion (maher) will be set after that. However, if the wife has been divorced before touching (before having Sexual intercourse with her) then the portion will not be necessary. But it is compulsory for the husband that he should give something to the woman.
After the divorce, whatever is to be provided to the woman, that will be set according to the means of the husband. If the husband is rich, then he should give her a reasonable amount, and if he is distressed then whatever is in his power, he should pay to his divorced wife. It has been urged also by increasing the word bil-ma’-ruuf that they should not be narrowed or troubled by their husbands in paying the provision. Moreover, it should be according to the traditions. Ease of the husband and necessities of the wife should be kept in mind while providing the provision.
In the last, it is told that ‘this is a bounden duty for Muhsiniin’ (those who do good), that every Muslim should behave well with every individual. But in the matter of a woman they should set these things more gracefully.
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