002 - Soorah al-Baqarah - (The Cow) - [Makkee]
[002.225] All‚h will not call you to account for that which is unintentional in your oaths, but He will call you to account for that which your hearts have earned. And All‚h is Oft-Forgiving, Most Forbearing.
[002.226] Those who take an oath not to have sexual relation with their wives must wait for four months, then if they return (change their mind in this period), verily, All‚h is Oft-Forgiving, Most Merciful.
[002.227] And if they decide upon divorce, then All‚h is All-Hearer, All-Knower.
[002.228] And divorced women shall wait (as regards their marriage) for three menstrual periods, and it is not lawful for them to conceal what All‚h has created in their wombs, if they believe in All‚h and the Last Day. And their husbands have the better right to take them back in that period, if they wish for reconciliation. And they (women) have rights (over their husbands as regards living expenses) similar (to those of their husbands) over them (as regards obedience and respect) to what is reasonable, but men have a degree (of responsibility) over them. And All‚h is All-Mighty, All-Wise.
[002.229] The divorce is twice, after that either you retain her on reasonable terms or release her with kindness. And it is not lawful for you (men) to take back (from your wives) any of your Mahr (bridal-money given by the husband to his wife at the time of marriage) which you have given them, except when both parties fear that they would be unable to keep the limits ordained by All‚h (e.g. to deal with each other on a fair basis). Then if you fear that they would not be able to keep the limits ordained by All‚h, then there is no sin on either of them if she gives back (the Mahr or a part of it) for her Al-Khul' (divorce). These are the limits ordained by All‚h, so do not transgress them. And whoever transgresses the limits ordained by All‚h, then such are the Z‚limŻn (wrong doers).
[002.230] And if he has divorced her (the third time), then she is not lawful to him thereafter until she has married another husband. Then, if the other husband divorces her, it is no sin on both of them that they reunite, provided they feel that they can keep the limits ordained by All‚h. These are the limits of All‚h, which He makes plain for the people who have knowledge.
(V.2:226) Narrated N‚fi': Ibn 'Umar used to say about Al-'Il‚'* which All‚h defined (in the Holy Book): "If the period of Al-'Il‚' expires, then the husband has either to retain his wife in a handsome manner or to divorce her as All‚h [Subh‚nahu wa Ta'‚la] has ordered." Ibn 'Umar added, "When the period of four months has expired, the husband should divorce his wife, but the divorce does not occur unless the husband himself declares it. This has been mentioned by 'Uthm‚n, 'AlÓ, Abu Ad-Dard‚', 'Aishah and twelve other Companions of the Prophet ."
[Sahih Al-Bukh‚ri, 7/5290-5291 (O.P.213)]
* Al-'Il‚': means the oath taken by a husband that he would not approach his wife for a certain period.
(V.2:229): Al-Khul'* and how a divorce is given according to it.
Narrated Ibn 'Abb‚s [radhi-yAll‚hu 'anhu]: The wife of Th‚bit bin Qais came to the Prophet [sal-All‚hu 'alayhi wa sallam] and said, "O All‚h's Messenger! I do not blame ThabÓt for defects in his character or his religion, but I, being a Muslim, dislike to behave in an un-Isl‚mic manner (if I remain with him)." On that All‚h's Messenger [sal-All‚hu 'alayhi wa sallam] said (to her), "Will you give back the garden which your husband has given you (as Mahr)?" She said, "Yes." Then the Prophet [sal-All‚hu 'alayhi wa sallam] said to Th‚bit, "O Th‚bit! Accept your garden, and divorce her once."
[Sahih Al-Bukh‚ri, 7/5273 (O.P.197)]
* 'Al-Khul' means the parting of a wife from her husband by giving him a certain compensation.