Divorce – Revocable

 

Divorce Retain-able (L-296)

الطَّلاقُ مَرَّتانِ ۖ فَإِمساكٌ بِمَعروفٍ أَو تَسريحٌ بِإِحسانٍ ۗ وَلا يَحِلُّ لَكُم أَن تَأخُذوا مِمّا آتَيتُموهُنَّ شَيئًا إِلّا أَن يَخافا أَلّا يُقيما حُدودَ اللَّهِ ۖ 229a.

229a.  ‘At-talaaqu  marrataan:  fa- ‘imsaa-kum-bima’-ruufin  ‘aw tasriihum-  bi- ‘ihsaan.  Wa laa  yahillu  lakum  ‘an- ta’-khuzuu  mim-maaa  ‘aatay-tumuu-hunna  shay- ‘an  ‘illaaa  ‘any-yakhaafaaa  ‘allaa  yuqiimaa HuduudAllaah.

229a.  Divorce is allowed twice. Then, either honorable retention, or setting free kindly. It is not lawful for you to take back anything you have given them, unless they fear that they cannot maintain God's limits.

Maaa  ‘aatay-tumuuhunna  shay- ‘an – (taking from the women aught of that which you have given them), many Commentators have explained it as the amount of kindness (Maher) but some Scholars have extended it as entire that wealth and goods which the husband has given to her wife i.e. ornaments and clothes etc.

It was a custom before Islam that the husband used to divorce her wife many times as he wished, but then he used to revoke from it. This verse revealed to remove this evil and told that revocation can be only after divorcing twice. He has been empowered up to two divorces that if the husband wishes during the time of term (‘iddat), then either he can retain her according to rule or leave her with kindness. But after the expiry of term (‘iddat), revocation is not allowed. However, if they both agree, they can re-marry. And if he has divorced at the third time, then there is no chance of re-wedding too, till the time that woman doesn’t live in any other husband’s home and that husband either doesn’t die or divorce her.

Sometimes the husband divorces in anger, and then he also oppresses to snatch that entire wealth or goods which he has given to her wife till then. During the days of ignorance; this rule had been spread more in the Arabians. Here this cruel principal has been forbidden and declared that amount of the kindness (Maher) etc. which you have paid already, cannot get back now.     

Meaning of ‘imsaakum-bima’-ruufin  and tasriihum-  bi- ‘ihsaan is that if the husband revokes then he should remain and live with honor and kindness, and if he wants to bid her good-bye then also he should see her off with comfort and nicely. It means that stress of kindness and good behavior should be in all conditions. https://youtu.be/DCsibbsiCYE