CHAPTER 65: AT-TALAQ (THE DIVORCE)

It was revealed in the Medina period. It consists of 12 verses. It takes its name from the "talaq" (divorce and the act of divorcing) rulings discussed in the first section. (H. T. FEYIZLI, 1/557)

In the name of Allah, the Most Gracious, the Most Merciful.

65/1-5 WHOEVER CROSSES THE BORDERS OF ALLAH

Translation

1- O Prophet! When you [Muslims] divorce women, divorce them for [the commencement of] their waiting period and keep count of the waiting period, and fear Allah, your Lord. Do not turn them out of their [husbands'] houses, nor should they themselves leave [during that period] unless they are committing a clear immorality. And those are the limits [set by] Allah. And whoever transgresses the limits of Allah has certainly wronged himself. You know not; perhaps Allah will bring about after that a [different] matter (a new love or reconciliation).

2- And when they have [nearly] fulfilled their term, either retain them according to acceptable terms or part with them according to acceptable terms. And bring to witness two just men from among you and establish the testimony for [the sake of] Allah. That is instructed to whoever should believe in Allah and the Last Day. And whoever fears Allah—He will make for him a way out.

3- And will provide for him from where he does not expect. And whoever relies upon Allah—then He is sufficient for him. Indeed, Allah will accomplish His purpose. Allah has already set for everything a [decreed] extent.

4- And those who no longer expect menstruation among your women—if you doubt, then their period is three months, and [also for] those who have not menstruated. And for those who are pregnant, their term is until they give birth. And whoever fears Allah—He will make for him of his matter ease.

5- That is the command of Allah, which He has sent down to you; and whoever fears Allah—He will remove for him his misdeeds and make great for him his reward.

Commentary

(1) ‘O Prophet! When you (as a last resort) divorce women, divorce them for their waiting period (after they are purified from menstruation and before approaching them) and keep count of the waiting period.’ Divorce (Talaq): (...) It is to dissolve the marriage bond and set the woman free. Although Islam considers divorce as the least pleasing of the lawful things to Allah, it has been made legitimate as a way out for spouses experiencing severe incompatibility and its conditions have been declared. Indeed, this matter is extensively covered in Surah al-Baqarah, verses 226-242. Additionally, one aspect of the issue is touched upon in Surah al-Ahzab, verse 49. In these verses of Surah at-Talaq, the following rulings regarding divorce take place: (O. CELIK, 5/161)

Types of Divorce: (a) Revocable (Raj'i) Divorce: Divorcing one's spouse once or twice with words expressing normal divorce is a revocable divorce. Such as saying "I divorce you with one talaq." The verse "Divorce is twice" and the fact that the Prophet returned to his wife Hafsa after Gabriel (as) mediated are examples of this type. If the spouses reconcile within the waiting period, the marriage continues without a new contract. If they do not return to each other by the end of the waiting period, the divorce becomes final, and if they wish to reconcile after that, a new marriage contract (nikah) becomes necessary. (b) Irrevocable (Ba'in) Divorce: Divorce performed with words expressing severity or indirect meanings is called "Ba'in Talaq." Such as saying "I divorce you with a final (ba'in) talaq, with the most severe talaq." Also, provided there is an intention to divorce, expressions like "Leave the house and do not return, start waiting for your iddah, our paths have diverged from this moment" also result in an irrevocable divorce. Even within the waiting period, reconciliation and continuing the marriage is only possible with a new marriage contract. However, regardless of the expression used, if a man consciously divorces his wife three times at once or at different times, in principle, an irrevocable divorce occurs, and the woman cannot marry her former husband unless she marries another man and separates from him. In both revocable and irrevocable divorce, the woman has the right to reside in a part of the husband's house and receive maintenance during the waiting period. Childcare expenses also belong to the husband. (H. DONDUREN, 2/894, 895)

Divorce Contrary to the Sunnah (Bid'i): Such as divorcing the woman during her menstrual days or divorcing her two or three times at once during her pure days. Although this type of divorce is contrary to the Sunnah, it is considered valid by the imams of the four schools of thought. (...) It is narrated that the Prophet considered the action of a companion who divorced his wife with three talaqs at once as valid, even though he was not pleased with it. (From Bukhari, Nasai; H. DONDUREN, 2/895)

(a) ‘O Prophet! When you divorce women, divorce them for their waiting period and keep count of the period.’ (...) Men who wish to divorce their wives should divorce them at the beginning of their pure period after menstruation, before having sexual intercourse with them. (cf. Bukhari Talaq 2, Muslim Talaq 1). They should carefully count and calculate the waiting period. This is three menstrual cycles or three purification periods. Within this period—in a revocable divorce—the husband can return to his wife without the need for a new marriage contract or dowry (mahr). After this period expires, the divorce becomes final. (O. CELIK, 5/161)

‘And fear Allah, your Lord.’ Beware of acting contrary to His commands and prohibitions; avoid not complying with His limits and rulings. Or refrain from lying, making changes, or making a mockery of anything regarding the rulings of His sharia or the rights of His servants. (S. HAWWA, 15/172)

(b) ‘Do not turn them out of their houses, nor should they themselves leave.’ ‘Unless they are committing a clear immorality or excessive indecency.’ (...) Men should not turn those women out of the houses they live in together before their waiting periods are completed. Women should not leave the house either. However, if a bad deed, an ugly behavior, a major sin like adultery or theft, or a grave error like an attempt to kill or insulting parents is in question, they are removed from the house. These are the limits set by Allah, and they must be observed. (O. CELIK, 5/161)

‘Those’ aforementioned rulings ‘are the limits of Allah.’ They are the legal rulings He has set and the prohibitions He has made haram. ‘And whoever transgresses the limits of Allah,’ goes outside them, enters other limits by passing them, and does not follow the commands as required by these limits, ‘has certainly wronged himself’ by doing so. Because he exposes himself to Allah's punishment both in this world and the hereafter. (S. HAWWA, 15/172)

‘You know not! Perhaps Allah will bring about a new matter (a new love) after this (one or two divorces).’ Following that transgression, He may bring about an event or a matter, turn your heart, give some hardships and suffering; you may regret the wrong you did and the divorce you gave by exceeding the limit, and you may want to return; since the matter has passed, you won't be able to return or compensate; you will be devastated and bear the loss and the burden yourself. (ELMALILI, 8/112)

(2) (c) ‘Then when they have nearly fulfilled their term, either retain them according to acceptable terms or part with them according to acceptable terms.’ (...) Husbands whose wives' waiting periods are nearing completion either return to their spouses beautifully, within the legitimate framework and by observing their rights, and continue the marriage. Or they part with them within the legitimate framework and with beauty. They have no right to leave them in suspense. (O. CELIK, 5/162)

(d) ‘And bring to witness two just men from among you. (O witnesses!) Establish the testimony for the sake of Allah.’ They should document that they have returned to their wives or separated from them with two just witnesses. People called for witnessing should also perform the testimony honestly for the sake of Allah. The imams of the four schools of thought have said in consensus that holding witnesses is not obligatory (wajib) but recommended (mandub); they have accepted this as a wise recommendation for the resolution of potential disputes. (O. CELIK, 5/162)

‘Establish the testimony uprightly for the sake of Allah’ (...) It is an obligatory duty for witnesses to perform the testimony uprightly without seeking any benefit, without taking sides, without hiding anything, and without making false statements. (I. KARAGOZ, 8/91)

(e) ‘That is instructed to whoever should believe in Allah and the Last Day. And whoever fears Allah—He will make for him a way out.’ Whoever performs his divorce in accordance with the Sunnah by fearing Allah, does not harm the woman waiting for her iddah, does not turn her out of her residence, and follows the path of caution by holding witnesses, Allah will save him from falling into distress and narrowness regarding spouses and grant him a way out; He will relieve his distress and grant him salvation. (From Nesafi; S. HAWWA, 15/174)

(3) ‘And will provide for him from where he does not expect.’ Therefore, let not the one who divorces, the one who is divorced, the one who separates, or the one who does not separate grieve if they fear Allah; Allah will create a remedy for them and give them their portion from where they do not expect. (ELMALILI, 8/115)

‘And whoever relies upon Allah,’ trusts in His power against anything that befalls him and proceeds by His judgment by surrendering himself to His command in the work he does, ‘then He is sufficient for him.’ Allah will take care of his affairs. He is sufficient for his account. ‘Indeed, Allah will accomplish His purpose.’ He certainly does what He wills; He does not fall behind in any of His works, He overcomes them all. He carries out His judgment as He wishes. Whether He is relied upon or not, He carries it out. (ELMALILI, 8/115)

‘Allah has set for everything a measure.’ Nesafi says: "That is, He created everything with a certain amount and a certain timing. This command declares the necessity of relying on Allah the Exalted and delegating affairs only to Him. Since sustenance and all such things are only by His decree and success, nothing remains but to surrender to fate and to rely." (S. HAWWA, 15/174)

(4) ‘And those who no longer expect menstruation (elderly) among your women—if you doubt, then their waiting period is three months, and also for those who have not yet menstruated. And for those who are pregnant, their term is until they give birth.’ Allah the Almighty, who created everything according to a measure and an amount, has also set a measure for the period that divorced women will wait and has informed us of this. Accordingly: (a) The waiting period for a woman who has stopped menstruating due to old age and a young girl who has not yet started menstruating is three months. (b) The waiting period for pregnant women is until they give birth to their children. (c) The waiting period for divorced women who menstruate was determined as "three periods" in Surah al-Baqarah, verse 227. Three periods, which means three menstrual cycles or three purification periods, is equivalent to the three months mentioned here. Accordingly, whatever the situation may be, it is understood that the waiting period for divorced women is generally three months. (d) The waiting period for women whose husbands have died is four months and ten days according to Surah al-Baqarah, verse 234. If the woman is pregnant, her waiting period is until her delivery. (O. CELIK, 5/163)

‘Whoever fears Allah,’ keeps His commands, and ‘seeks refuge in His protection’ by showing respect to His rights, ‘He will make for him of his matter ease.’ By making his task easy and making him successful in doing beneficial deeds, He provides ease in this world and the hereafter. (ELMALILI, 8/120)

(5) ‘That"’—the specified rulings for women waiting for their iddah— ‘is the command of Allah.’ It is His judgment and His sharia. ‘He has sent it down to you’ from the Preserved Tablet (Lawh-i Mahfuz) through His Messenger (pbuh). ‘Whoever fears Allah’ regarding acting with these rulings sent down by Almighty Allah and by observing the rights he must fulfill, ‘He will remove for him his misdeeds.’ He will not hold him accountable due to these sins. ‘And make great for him his reward.’ That is, He will give him the reward of this deed in abundance. (S. HAWWA, 15/177)

65/6-7 CONSULT AMONG YOURSELVES IN AN ACCEPTABLE WAY

Translation

6- Lodge them [your divorced wives] (until their waiting period ends) where you dwell according to your means and do not harm them in order to oppress them (to force them to leave). And if they should be pregnant, then spend on them until they give birth. Then if they breastfeed for you, give them their due payment and consult among yourselves in an acceptable manner (for the benefit of the child). But if you find yourselves in difficulty (in reaching an agreement), then another woman will breastfeed for him [the father].

7- Let a man of wealth spend from his wealth, and he whose provision is restricted—let him spend from what Allah has given him. Allah does not charge a soul except [according to] what He has given it. Allah will bring about, after hardship, ease.

Commentary

(6) ‘Lodge them [your divorced wives] (until their waiting period ends) where you dwell according to your means.’ (...) The woman also has no right to demand a house from her husband that is beyond his means. Furthermore, it is clear that these commands are for those who remain alive. Therefore, a woman whose husband has passed away has no right to demand a place of residence or maintenance during her waiting period (iddah). Since she is among the heirs, she takes whatever her share is from the estate (tereke). (ELMALILI, 8/121)

‘Do not harm them in order to oppress them (to force them to leave).’ That is, do not engage in harmful practices against them with the intent of creating distress in their dwelling—such as leaving people there who do not get along with them, or people who will occupy their space, or similar reasons—forcing them to leave. (From Nesafi; S. HAWWA, 15/179)

‘And if they should be pregnant, then spend on them until they give birth.’ Since the main purpose of the iddah is to wait for a period that will reveal whether she is pregnant or not, once it is understood that she is pregnant, there is no longer a need to wait for three menstrual cycles, nor is three months sufficient; rather, one must provide maintenance for a shorter or longer period, until she gives birth. (ELMALILI, 8/122)

Maintenance for the non-pregnant woman: Imam Shafi'i, taking the counter-implication (mafhum-i mukhalafah) of this verse, stated that maintenance is not required for a woman who is not pregnant when divorced. The Hanafis, however, since they do not accept the counter-implication, consider the iddah maintenance necessary for every divorced woman. The proof is the general meaning of the following 7th verse. (H. DONDUREN, 2/896)

‘Then if they breastfeed for you, give them their due payment and consult among yourselves in an acceptable manner.’ Since the maintenance of a child born from marriage is to be met by the father, mother's milk, which is the child's basic food, must also be provided by the father. The most natural way in this regard is for the child to be breastfed by its own mother; this is also the right of the child and the mother. The woman should prioritize this maternal right and want to breastfeed, and should not insist on an excessive amount as a fee. If the man also pays a reasonable fee, there will be no problem. By saying ‘Consult among yourselves in an acceptable manner’ in the 6th verse, it is stated that this is the best way. But if the woman prioritizes the issue of payment and the man cannot meet her demand, the father will find another wet nurse. (QUR’AN WAY, 5/392)

‘But if you find yourselves in difficulty (in reaching an agreement), then another woman will breastfeed for him [the father].’ That is, if there is a dispute between the man and the woman, if the woman asks for too much as a breastfeeding fee and the man does not accept it, or if the man offers a low fee and the woman does not find it appropriate, then the man (the father) should seek to have another woman breastfeed his child. If the mother agrees to the fee of the stranger woman, she has more right to breastfeed her child. (From Ibn Kesir; S. HAWWA, 15/180)

(7) ‘Let a man of wealth spend from his wealth.’ This verse is a ruling applicable to all maintenance issues. That is, whichever of the commanded spendings it may be, if the person responsible for the spending is well-off and has financial abundance, let them give maintenance according to their abundance. Not to give all their abundance, but from their abundance—meaning, without forgetting the verse ‘And those who, when they spend, are neither extravagant nor stingy, but hold a medium way between those’ (Furkan 25/67)—neither by being extravagant nor by being stingy, but by taking a middle path and giving what is appropriate. ‘And he whose provision is restricted—let him spend from what Allah has given him.’ Let the middle-class give as a middle-class person, and the one who has little give little. Because ‘Allah does not charge a soul except [according to] what He has given it.’ Just as it is in every matter, so it is in maintenance obligations. The rich is responsible according to his wealth, and the poor according to his poverty. If he can find a loan, he borrows with good intentions to pay back later. This is also considered a strength. ‘Allah will bring about, after hardship, ease.’ Therefore, the poor and poor families should not lose hope in Allah for the future, being content with what they find and being patient; and the rich should not neglect such people, they should look after their zakat, charity, and aid; both the rich and the poor should work by fearing Allah. (ELMALILI, 8/123, 124)

‘Allah brings about ease after hardship.’ Not every moment of human life is the same. Sometimes blessings, sometimes misfortunes prevail. Sometimes things are difficult, sometimes easy. Hardships follow difficulties, and ease follows hardships. With the sentence ‘Allah provides ease after hardship,’ Almighty Allah declares that He can give relief to anyone who falls into distress. This help depends on the person's work, determination, effort, and patience, and on using their mind and will well. This sentence also expresses that the believer should not be hopeless and discouraged, and should gain the habit of resisting difficulties. (I. KARAGOZ, 8/95)

Maintenance in Islam: The above verse informs of the main criterion for all kinds of maintenance. This requires the person liable for maintenance to spend in accordance with their economic power and social level. We can list the maintenance liabilities as follows: (a) When a woman marries and settles in her husband's house, her food, drink, clothing, and housing expenses belong to the husband. ‘The mothers' food and clothing belong to the father of the child in an acceptable manner’ (Baqarah 2/233). According to the Hanafis, the husband's inability to provide maintenance due to poverty is not considered a reason for divorce. The proof is this verse: ‘If they are poor, Allah will enrich them from His bounty’ (Nur 24/32). (...) (b) Iddah is an issue in the case of the husband's death or divorce. Maintenance is not required for a woman waiting for the death iddah. Because the woman gains the right to receive a share of the inheritance from the husband's property. She meets her maintenance with that. (...) However, in the case of divorce, regardless of the type of divorce, the woman has the right to receive maintenance during the three periods (three months). As for the maintenance of a pregnant woman, no matter what cause the marriage ends with, it lasts until the birth, as long as the marriage did not end because of the woman. (cf. Talaq 65/6) (c) The maintenance liability of fathers continues until the son has a profession and the daughter gets married. Proof: Talaq 65/6. (...) (d) If the parents fall into poverty or cannot work due to illness or old age and have no income, the liability to care for them belongs to their children. ‘Your Lord... commanded that you be kind to parents’ (Isra 17/23; H. DONDUREN, 2/896).

65/8-12 ALLAH HAS INDEED SENT DOWN TO YOU A REMINDER

Translation

8- And how many a city was insolent toward the command of its Lord and His messengers, so We settled accounts with it a severe settlement and punished it with a terrible punishment.

9- So it tasted the bad consequence of its affair, and the outcome of its affair was loss.

10- Allah has prepared for them a severe punishment. So fear Allah, O you of understanding who have believed. Allah has indeed sent down to you a message [the Quran].

11- [He sent] a Messenger reciting to you the distinct verses of Allah that he may bring those who believe and do righteous deeds out of darknesses into the light. And whoever believes in Allah and does righteousness—He will admit him into gardens beneath which rivers flow, to abide therein forever. Allah has indeed perfected for him a provision.

12- It is Allah who has created seven heavens and of the earth, the like of them. [His] command descends among them so you may know that Allah is over all things competent and that Allah has encompassed all things in knowledge.

Commentary

(8) ‘And how many a city (people) was insolent toward the command of its Lord and His messengers,’ turning away by becoming transgressors and spreaders of mischief, and rebelling. According to Ibn Kesir's explanation, there are "many" such people of towns who were ‘insolent’ by being stubborn, exceeding their limits, and acting with arrogance against complying with Allah's command and following His messengers; ‘so We settled accounts with them a severe settlement,’ according to Nesefi's explanation, a very detailed one, questioning and debating with them to the utmost, ‘and punished them with a terrible punishment"’—unseen and extremely horrifying. (S. HAWWA, 15/183)

(9) ‘So they tasted the consequence of their deeds,’ meaning the penalty for opposing the commands. And they felt regret where regret would be of no use. ‘And the outcome of their affair was loss"’—ruin, damage, and destruction. Nesefi says: "The purpose here is the accountability and punishment in the hereafter, and the penalties for their sins that they will taste, the damage and loss they will face." (S. HAWWA, 15/183)

(10, 11) ‘O you of understanding who have believed, fear Allah.’ This is simply a proof that the believer is a person of reason and comprehension. That is, O you who believe! Fear Allah in terms of being like those mentioned. Otherwise, what befell them will befall you as well. ‘Allah has indeed sent down to you a Reminder,’ meaning the Noble Quran. Now, after Almighty Allah has sent down this reminder to you, it does not befit you (not) to fear Allah. (S. HAWWA, 15/184)

‘He has sent a Messenger.’ Is "a Messenger" mentioned here referring to Muhammad (pbuh)? In that case, the estimation of the expression would be: Allah has sent down to you a "Reminder" and sent a messenger. Or, the Noble Quran itself is a messenger that has come to you from Allah. (S. HAWWA, 15/184)

‘...reciting to you the extremely distinct verses of Allah.’ The Messenger of Allah is "reciting" the Noble Quran. If the one reciting refers to the Messenger of Allah (pbuh), then the clear verses are the Noble Quran itself. If the one reciting refers to the Noble Quran, then the distinct verses mean the signs of Allah in the outer and inner worlds (afaq and anfus) that the Noble Quran speaks of, and the news regarding what will be and what has been. (S. HAWWA, 15/184)

(12) ‘It is Allah who has created seven heavens and of the earth, the like of them.’ Nesefi says: "It is said that there is no other verse in the Noble Quran, besides this one, that indicates there are seven earths." (S. HAWWA, 15/185, 186)

In our opinion, considering the general style of the Quran and the flow of the expression here, it would be appropriate to focus on the main purpose of the verse rather than making an interpretation that would turn this phrase into a problem of information. This purpose can be summarized as calling the human being to be in the consciousness that all beings in the universe were created by Allah and that nothing happening in the realm of existence "can remain outside His knowledge and power." According to Ibn Ashur, the verse aims to emphasize specifically that the globe of the earth is not inferior to the heavens in showing the majesty and power of Allah the Exalted. (QUR’AN WAY, 5/398, 399)

‘The command of Allah descends among them.’ Nesefi says: "That is, the command and judgment of Almighty Allah operate among these, and His absolute Sovereignty penetrates them and remains valid." (S. HAWWA, 15/186)