2:241 Al-Baqara (The Cow)

أي: لكل مطلقة متاع بالمعروف حقا على كل متق، جبرا لخاطرها وأداء لبعض حقوقها، وهذه المتعة واجبة على من طلقت قبل المسيس، والفرض سنة في حق غيرها كما تقدم، هذا أحسن ما قيل فيها، وقيل إن المتعة واجبة على كل مطلقة احتجاجا بعموم هذه الآية، ولكن القاعدة أن المطلق محمول على المقيّد، وتقدم أن الله فرض المتعة للمطلقة قبل الفرض والمسيس خاصة.

وقوله "وللمطلقات متاع بالمعروف حقا على المتقين" قال عبدالرحمن بن زيد بن أسلم لما نزل قوله تعالى "متاع بالمعروف حقا على المحسنين" قال رجل: إن شئت أحسنت ففعلت وإن شئت لم أفعل فأنزل الله هذه الآية "وللمطلقات متاع بالمعروف حقا على المتقين" وقد استدل بهذه الآية من ذهب من العلماء إلى وجوب المتعة لكل مطلقة سواء كانت مفوضة أو مفروضا لها أو مطلقة قبل المسيس أو مدخولا بها وهو قول الشافعي رحمه الله وإليه ذهب سعيد بن جبير وغيره من السلف واختاره ابن جرير ومن لم يوجبها مطلقا يخصص من هذا العموم مفهوم قوله تعالى "لا جناح عليكم إن طلقتم النساء ما لم تمسوهن أو تفرضوا لهن فريضة ومتعوهن على الموسع قدره وعلى المقتر قدره متاعا بالمعروف حقا على المحسنين" وأجاب الأولون بأن هذا من باب ذكر بعض أفراد العموم فلا تخصيص على المشهور المنصوص والله أعلم.

Ayah (2:240) was abrogated

The majority of the scholars said that this Ayah (2:240) was abrogated by the Ayah (2:234), what Allah said:

يَتَرَبَّصْنَ بِأَنفُسِهِنَّ أَرْبَعَةَ أَشْهُرٍ وَعَشْرًا

(...they (the wives) shall wait (as regards their marriage) for four months and ten days.) (2:234)

For instance, Al-Bukhari reported that Ibn Az-Zubayr said: I said to `Uthman bin `Affan:

وَالَّذِينَ يُتَوَفَّوْنَ مِنكُمْ وَيَذَرُونَ أَزْوَجًا

(And those of you who die and leave wives behind them) was abrogated by the other Ayah (2:234). Therefore, why did you collect it (meaning, in the Qur'an)" He said, "O my nephew! I shall not change any part of the Qur'an from its place."

The question that Ibn Az-Zubayr asked `Uthman means: `If the ruling of the Ayah (2:240) was abrogated to four months (the `Iddah of the widow, and refer to 2:234), then what is the wisdom behind including it in the Qur'an, although its ruling has been abrogated If the Ayah (2:240) remains (in the Qur'an) after the Ayah that abrogated it (2:234), this might imply that its ruling is still valid.' `Uthman, the Leader of the faithful, answered him by stating that this is a matter of the revelation, which mentioned these Ayat in this order. `Therefore, I shall leave the Ayah where I found it in the Qur'an.'

Ibn Abu Hatim reported that Ibn `Abbas said about what Allah said:

وَالَّذِينَ يُتَوَفَّوْنَ مِنكُمْ وَيَذَرُونَ أَزْوَجًا وَصِيَّةً لازْوَاجِهِم مَّتَـعًا إِلَى الْحَوْلِ غَيْرَ إِخْرَاجٍ

(And those of you who die and leave behind wives should bequeath for their wives a year's maintenance (and residence) without turning them out, ) "The widow used to reside, and have her provisions provided for her for a year, in her deceased husband's house. Later, the Ayah that specified the inheritance (4:12) abrogated this Ayah (2:240), and thus the widow inherits one-fourth or one-eighth of what her (deceased) husband leaves behind."

Ibn Abu Hatim also related that `Ali bin Abu Talhah stated that Ibn `Abbas said, "When a man died and left behind a widow, she used to remain in his house for a year for her `Iddah, all the while receiving her provisions during this time. Thereafter, Allah revealed this Ayah:

وَالَّذِينَ يُتَوَفَّوْنَ مِنكُمْ وَيَذَرُونَ أَزْوَجًا يَتَرَبَّصْنَ بِأَنفُسِهِنَّ أَرْبَعَةَ أَشْهُرٍ وَعَشْرًا

(And those of you who die and leave wives behind them, they (the wives) shall wait (as regards their marriage) for four months and ten days.) (2:234)

So, this is the `Iddah of the widow, unless she was pregnant, for her `Iddah then ends when she gives birth. Allah also said:

وَلَهُنَّ الرُّبُعُ مِمَّا تَرَكْتُمْ إِن لَّمْ يَكُنْ لَّكُمْ وَلَدٌ فَإِن كَانَ لَكُمْ وَلَدٌ فَلَهُنَّ الثُّمُنُ مِمَّا تَرَكْتُم

(In that which you leave, their (your wives') share is a fourth if you leave no child; but if you leave a child, they get an eighth of that which you leave.) (4:12)

So Allah specified the share of the widow in the inheritance and there was no need for the will or the Nafaqah (maintenance) which were mentioned in (2:240)."

Ibn Abu Hatim stated that Mujahid, Al-Hasan, `Ikrimah, Qatadah, Ad-Dahhak, Ar-Rabi` and Muqatil bin Hayyan said that the Ayah (2:240) was abrogated by:

أَرْبَعَةَ أَشْهُرٍ وَعَشْرًا

(four months and ten days.) (2:234)

Al-Bukhari reported that Mujahid said that:

وَالَّذِينَ يُتَوَفَّوْنَ مِنكُمْ وَيَذَرُونَ أَزْوَجًا

(And those of you who die and leave wives behind them) (2:234) used to be the `Iddah, and the widow had to remain with her (deceased) husband's family (during that period, i.e., four months and ten days). Then, Allah revealed:

وَالَّذِينَ يُتَوَفَّوْنَ مِنكُمْ وَيَذَرُونَ أَزْوَجًا وَصِيَّةً لازْوَاجِهِم مَّتَـعًا إِلَى الْحَوْلِ غَيْرَ إِخْرَاجٍ فَإِنْ خَرَجْنَ فَلاَ جُنَاحَ عَلَيْكُمْ فِى مَا فَعَلْنَ فِي أَنفُسِهِنَّ مِن مَّعْرُوفٍ

(And those of you who die and leave behind wives should bequeath for their wives a year's maintenance (and residence) without turning them out, but if they (wives) leave, there is no sin on you for that which they do of themselves, provided it is honorable (e.g., lawful marriage).)

So, Allah made the rest of the year, which is seven months and twenty days, as a will and testament for her. Consequently, if she wants, she could use her right in this will and remain in the residence (for the rest of the year). Or, if she wants, she could leave the (deceased husband's) house after the four months and ten days have passed. This is the meaning of what Allah said:

غَيْرَ إِخْرَاجٍ فَإِنْ خَرَجْنَ فَلاَ جُنَاحَ عَلَيْكُمْ

(...without turning them out, but if they (wives) leave, there is no sin on you.)

Therefore, the required term of `Iddah is still unchanged (refer to 2:234).

`Ata' quoted Ibn `Abbas, "This Ayah (2:240) has abrogated (the requirement that) the widow spends the `Iddah with his (i.e., her deceased husband's) family. So, she spends her `Iddah wherever she wants. This is the meaning of what Allah said:

غَيْرَ إِخْرَاجٍ

(without turning them out,)."

`Ata' also said: "If she wants, she spends the `Iddah with his family and resides there according to the will (meaning the rest of the year). If she wants, she is allowed to leave, for Allah said:

فَلاَ جُنَاحَ عَلَيْكُمْ فِيمَا فَعَلْنَ

(there is no sin on you for that which they do of themselves,)."

`Ata' then said: "Then (the Ayah on) the inheritance (refer to 4:12) came and abrogated the residence. Hence, the widow spends her `Iddah wherever she wants and does not have the right to residence any more."

The statement of `Ata' and those who held the view that the Ayah (2:240) was abrogated by the Ayah on the inheritance (4: 12), is only valid for more than the four months and ten days (required in 2:234). However, if they mean that the four months and ten days are not required from the deceased husband's estate, then this opinion is the subject of disagreement among the scholars. As proof, they said that the widow is required to remain in her (deceased) husband's house (for four months and ten days) according to what Malik reported from Zaynab bint Ka`b bin `Ujrah. She said that Fari`ah bint Malik bin Sinan, the sister of Abu Sa`id Al-Khudri, told her that she came to Allah's Messenger ﷺ asking him to return to her family's residence with Banu Khudrah. Her husband had pursued some of his servants who ran away, but when he reached the area of Al-Qadum, they killed him. She said, "So I asked Allah's Messenger ﷺ if I should stay with my family in Banu Khudrah, for my (deceased) husband did not leave me a residence that he owns or Nafaqah (maintenance). Allah's Messenger ﷺ answered in the positive. While I was in the room, Allah's Messenger ﷺ summoned me or had someone summon me and said:

«كَيْفَ قُلْت»

(What did you say) I repeated the story to him about my (deceased) husband. He said:

«امْكُثي فِي بَيْتِكِ حَتَّى يَبْلُغَ الكِتَابُ أَجَلَه»

(Stay at your home until the term reaches its end.) So I remained through the `Iddah term for four months and ten days in my (deceased husband's) house. Thereafter, `Uthman bin `Affan sent for me during his reign and asked me about this matter and I told him what happened. He made a judgment to the same effect." This Hadith was also collected by Abu Dawud, At-Tirmidhi, An-Nasa'i and Ibn Majah. At-Tirmidhi said, "Hasan Sahih".

The Necessity of the Mut`ah (Gift) at the Time of Divorce

Allah said:

وَلِلْمُطَلَّقَـتِ مَتَـعٌ بِالْمَعْرُوفِ حَقًّا عَلَى الْمُتَّقِينَ

(And for divorced women, maintenance (should be provided) on reasonable (scale). This is a duty on Al-Muttaqin (the pious).)

`Abdur-Rahman bin Zayd bin Aslam said that when Allah's statement:

مَتَـعاً بِالْمَعْرُوفِ حَقًّا عَلَى الْمُحْسِنِينَ

(...a gift of reasonable amount is a duty on the doers of good) (2:236) was revealed, a man said, "If I want, I will be excellent and if I do not, I will not." Thereafter, Allah revealed this Ayah:

وَلِلْمُطَلَّقَـتِ مَتَـعٌ بِالْمَعْرُوفِ حَقًّا عَلَى الْمُتَّقِينَ

(And for divorced women, maintenance (should be provided) on reasonable (scale). This is a duty on Al-Muttaqin (the pious).)

The scholars who ruled that the Mut`ah (reasonable gift) at the time of divorce is required for every divorced woman, whether she had a bridal-money appointed for her or not, and whether the marriage was consummated or not, relied on this Ayah (2:241) when they issued their ruling. This is the view taken on this subject by Sa`id bin Jubayr and several others among the Salaf and also Ibn Jarir. Hence, Allah's statement:

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 (had sexual relation with) them, nor appointed for them their due (dowry). But bestow on them (a suitable 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) only mentions some specifics of this general ruling.

Allah then said:

كَذلِكَ يُبَيِّنُ اللَّهُآيَـتِهِ

(Thus Allah makes clear His Ayat (Laws) to you,) meaning, what He allows, forbids, requires, His set limits, His commandments and His prohibitions are all explained and made plain and clear for you. He did not leave any matter in general terms if you needed the specifics,

لَعَلَّكُمْ تَعْقِلُونَ

(in order that you may understand.) meaning, understand and comprehend.

There shall be provision for divorced women which they are given honourably as is feasible — an obligation haqqan ‘obligation’ is in the accusative because it is governed by an implied verb on those who fear God may He be exalted. He has repeated the phrase in order to include the woman that has been touched sexually since the previous verse addresses a different issue.

Verse 241: The divorced women deserve a benefit

Providing compensatory benefits (` mata متاع `) for divorced women has also been dealt with in verses earlier than this, but that was restricted to two types of divorced women who were divorced before privacy and consummation. The first case of providing compensatory benefits was the giving of a set of clothes. The second case was of providing compensatory benefit in the form of half of the dower. Now remains the case of divorcees who were divorced after privacy and con-summation. Here, providing compensatory benefits to one whose dower has already been fixed lies in giving her the full amount of dower or mahr. For one whose dower has not already been fixed, a post-consummation divorce will make it obligatory to give her mahr almithl مھر المثل or 'equivalent dower' (as customarily given in the immediate family circle of the woman). If the word 'benefit' used in this verse is taken to mean 'dower', its payment is obligatory according to these de-tails. However, if we take math' to mean a particular benefit, that is, the giving of a gift or set of clothes, then giving this to a particular type of divorced woman is obligatory which has been pointed out earlier. In the rest of the cases, this is mustahabb مستحب or desirable. And should math` be taken to mean maintenance or nafaqah, then it is obligatory until the expiry of ` iddah in the case of a divorce after which ` iddah has to be observed. The divorce may be revocable (رجعی) or irrevocable (باین) --it does not matter. To sum up, the verse, by using universally applicable words, covers all situations.