Surah Al-Talaaq is a purely Madinan surah. It was referred to by Abdullah ibn Mas’ud as Surah An-Nisaa Al-Qusra (The Short Chapter of Women), while Surah An-Nisaa Al-Kubra (The Long Chapter of Women) refers to the surah that follows Aal-Imran.
It was revealed after Surah Al-Insaan and before Surah Al-Bayyina. In the order of revelation, it is the 96th surah, while in the arrangement of the Qur'an, it is the 65th.
The surah has 11 verses according to the Basran mushaf and 12 verses in other copies.
Most of its verses address the rulings of divorce and related matters such as the waiting period (iddah), breastfeeding, maintenance, housing, and the importance of witnessing divorce and reconciliation.
The surah begins by addressing the Prophet directly with "O Prophet," yet the command is for the entire community. This style reflects reverence for the Prophet peace upon him and emphasizes his role as a leader and example for his followers.
In Sunan Ibn Maajah, it is narrated that the Prophet peace upon him divorced Hafsah bint Umar but later reconciled with her.
According to Anas ibn Maalik, Hafsah went to her family after the divorce. Allah then revealed the verse: "إِذَا طَلَّقْتُمُ النِّسَاءَ فَطَلِّقُوهُنَّ لِعِدَّتِهِنَّ", and the Prophet peace upon him was commanded to take her back because she was a devout, fasting woman and one of his wives in Paradise.
Some scholars, such as Al-Imam Al-Kalbi, mention that this verse was revealed after the Prophet peace upon him divorced Hafsah due to her revealing a private matter to Aa'ishah. However, Allah instructed him to take her back, showing His mercy and guidance in matters of marital discord.
Abdullah ibn Umar once divorced his wife during her menstruation. The Prophet peace be upon him instructed him to reconcile with her, wait for her to purify, and if he still wished to divorce her, to do so during a state of purity without intimacy.
A key event tied to this verse involves Asmaa bint Yazid, who was among the first women to have the waiting period (iddah) established after her divorce. Before this revelation, divorced women did not have specific waiting periods.
Al-Imam Ath-Thalabi narrated from Ibn Umar that the Prophet Muhammad peace be upon him said:
"إِنَّ مِنْ أَبْغَضِ الْحَلَالِ إِلَى اللَّهِ تَعَالَى الطَّلَاقُ"
"Indeed, the most disliked permissible thing to Allah is divorce."
Ali also reported that the Prophet Muhammad peace be upon him said:
"تَزَوَّجُوا وَلَا تُطَلِّقُوا؛ فَإِنَّ الطَّلَاقَ يَهْتَزُّ مِنْهُ الْعَرْشُ"
"Marry and do not divorce, for divorce causes the Throne to shake."
Abu Musa narrated that the Prophet Muhammad peace be upon him said:
"لَا تُطَلِّقُوا النِّسَاءَ إِلَّا مِنْ رِيبَةٍ؛ فَإِنَّ اللَّهَ عَزَّ وَجَلَّ لَا يُحِبُّ الذَّوَّاقِينَ وَلَا الذَّوَّاقَاتِ"
"Do not divorce women unless there is doubt of immorality, for Allah does not love men and women who constantly taste [different partners]".
Anas reported that the Prophet Muhammad peace be upon him said:
"مَا حَلَفَ بِالطَّلَاقِ وَلَا اسْتَحْلَفَ بِهِ إِلَّا مُنَافِقٌ"
"No one takes an oath using divorce or demands an oath of divorce except a hypocrite."
Al-Imam Ad-Daarqutni narrated that Abu Abbaas Muhammad ibn Musa and Ya'qub ibn Ibrahim reported from Hasan ibn Arafah, who narrated from Ismail ibn Ayyash through his chain from Mu’adh ibn Jabal: The Prophet Muhammad peace be upon him said to Mu'adh:
"يَا مُعَاذُ، مَا خَلَقَ اللَّهُ شَيْئًا عَلَى وَجْهِ الْأَرْضِ أَحَبَّ إِلَيْهِ مِنَ الْعِتَاقِ، وَلَا خَلَقَ اللَّهُ شَيْئًا عَلَى وَجْهِ الْأَرْضِ أَبْغَضَ إِلَيْهِ مِنَ الطَّلَاقِ. فَإِذَا قَالَ الرَّجُلُ لِمَمْلُوكِهِ: أَنْتَ حُرٌّ إِنْ شَاءَ اللَّهُ، فَهُوَ حُرٌّ وَلَا اسْتِثْنَاءَ لَهُ. وَإِذَا قَالَ الرَّجُلُ لِامْرَأَتِهِ: أَنْتِ طَالِقٌ إِنْ شَاءَ اللَّهُ، فَلَهُ اسْتِثْنَاؤُهُ وَلَا طَلَاقَ عَلَيْهِ."
"O Mu'adh, Allah has not created anything on earth more beloved to Him than freeing slaves, and nothing more hated by Him than divorce. If a man says to his slave, 'You are free, if Allah wills,' then the freedom takes effect without exception. But if he says to his wife, 'You are divorced, if Allah wills,' then the divorce does not take effect, and he can retract."
Divorce is permissible but greatly disliked by Allah and should only be used as a last resort.
Types of Divorce:
Al-Imam Ad-Daarqutni narrated through AbdulRazzaq from Wahb ibn Nafi who heard Ikrimah narrating from Ibn Abbaas may Allah be pleased with him:
"Divorce is of four types: two are permissible and two are impermissible."
1. Permissible Divorce:
Divorcing her during a period of purity (free from menstruation) without intercourse.
Divorcing her while she is pregnant with a clearly established pregnancy.
2. Impermissible Divorce:
Divorcing her while she is menstruating.
Divorcing her after intercourse during a period when it is uncertain if the womb has conceived.
"So divorce them during their waiting period" (Qur'an 65:1)
According to Abu Daawood, Asma bint Yazid ibn As-Sakan may Allah be pleased with her was divorced during the Prophet's time when no waiting period (Iddah) was yet prescribed. Allah revealed the waiting period for divorce, making her the first woman addressed by this ruling.
This applies specifically to women who have consummated their marriage.
For women not consummated in marriage, Allah says:
"O you who have believed, when you marry believing women and then divorce them before you have touched them, no waiting period have you to count for them" ( Surah Al-Ahzaab 33:49).
Divorce According to the Sunnah
1. Following the Sunnah:
If a man divorces his wife during a period of purity (without intercourse), the divorce is valid and follows the Sunnah.
2. Against the Sunnah:
If a man divorces his wife during menstruation, the divorce is valid but against the Sunnah.
Al-Imam Sa'eed ibn Al-Musayyib and the Shia argue that such a divorce does not take effect because it contradicts the Sunnah.
In Sahih Bukhari and Sahih Muslim (narrated by Ad-Daarqutni): Abdullah ibn Umar divorced his wife while she was menstruating. Umar (his father) informed the Prophet Muhammad (peace be upon him), who became angry and said:
"لِيُرَاجِعْهَا، ثُمَّ لِيُمْسِكْهَا حَتَّى تَحِيضَ حَيْضَةً مُسْتَقْبِلَةً سِوَى حَيْضَتِهَا الَّتِي طَلَّقَهَا فِيهَا، فَإِنْ بَدَا لَهُ أَنْ يُطَلِّقَهَا فَلْيُطَلِّقْهَا طَاهِرًا مِنْ حَيْضَتِهَا قَبْلَ أَنْ يَمَسَّهَا، فَذَلِكَ الطَّلَاقُ لِلْعِدَّةِ كَمَا أَمَرَ اللَّهُ."
"Let him take her back and keep her until she completes her current menstruation, then has another period of purity. If he wishes to divorce her, he may do so during her purity before having intercourse. This is the prescribed divorce as Allah has commanded."
Abdullah had given her one divorce, which was counted, and he took her back as the Prophet instructed.
In another narration, the Prophet said:
"هِيَ وَاحِدَةٌ."
"It is counted as one divorce."
This explicitly refutes the Shia view that divorce during menstruation does not count.
Abdullah ibn Mas'ud may Allah be pleased with him said:
"Divorce according to the Sunnah is to divorce her once during each period of purity. If this is done until the final divorce, that is the waiting period prescribed by Allah." This was narrated by Ad-Daarqutni from Al-A'mash, from Abu Ishaaq, from Abu Al-Ahwas, from Abdullah.
Conditions for Divorce in Accordance with the Sunnah:
Scholars have outlined seven conditions for a divorce to follow the Sunnah:
1. It should be one or three pronouncement of divorce as mentioned in some narrations.
2. The woman must be someone who experiences menstruation.
3. She must be in a state of purity (not menstruating).
4. There should have been no intercourse during that period of purity.
5. There should not have been a prior divorce during her menstruation.
6. No additional divorce should follow during the subsequent periods of purity.
7. The divorce should not involve compensation (khul).
These conditions are derived from the Hadith of Abdullah ibn Umar: The Prophet peace be upon him said to him:
"Order him to take her back and keep her until she becomes pure, menstruates, and then becomes pure again. Then, if he wishes, he may divorce her before having intercourse. This is the waiting period Allah has commanded for women."
AbdurRahman ibn Awf divorced his wife, Tamadir bint Al-Asbagh Al-Kalbi, by pronouncing three divorces in a single statement. It was not reported that the companions criticized this.
Fatimah bint Qays was divorced by her husband, Hafs Ibn Al-Mughreer, with three pronouncements at once during the Prophet's time. The Prophet peace be upon him did not criticize the action.
During the incident of li'an (mutual cursing), Uwaimir declared: "She is divorced, three times."
The Prophet peace be upon him acknowledged the divorce without condemnation.
Imam Maalik emphasized that the Sunnah method involves spacing out divorces over multiple periods of purity. This aligns with the Prophet's directive to Abdullah ibn Umar, where the Prophet peace be upon him expressed disapproval of improper divorce methods.
The majority of scholars argue that the verse:
"You do not know; perhaps Allah will bring about a new situation" (Qur’an 65:1)
implies the wisdom of spacing out divorces, allowing for reconciliation.
It is mentioned that the Prophet Muhammad peace be upon him did not object to certain divorce practices, which some scholars argue as evidence for their validity. However, our scholars have responded to these claims with thorough explanations, detailed in other works like Al-Muqtabas min Sharh Muwatta Maalik ibn Anas.
Furthermore, There is unanimous agreement among scholars that divorce during menstruation is prohibited, while divorce during a period of purity is permissible. This serves as evidence that the term qur' (قرء) refers to purity (not menstruation), as discussed in the explanation of Surah Al-Baqarah by Al-Imam Al-Qurtubi.
Lastly, "Fear Allah, Your Lord" and "Do Not Expel Them"
Fear Allah: This verse warns against disobedience in divorce-related matters, urging both husbands and wives to act justly and responsibly.
Do Not Expel Them: The husband cannot expel his wife from the marital home during the waiting period unless there is an extreme necessity. Similarly, the wife is prohibited from leaving the home without valid reason. If she leaves, it is sinful, but the waiting period is not invalidated.
Both revocably and irrevocably divorced women must remain in the marital home during the waiting period. This preserves the dignity and privacy of the relationship, as suggested by the Qur’anic reference to "their homes" (buyutihinna). However, the addition of "their homes" does not imply ownership but rather the right to reside there.
In Sahih Muslim, a woman (the aunt of Jabir bin Abdullah) sought to tend to her date palms while in her waiting period. When a man objected, she consulted the Prophet Muhammad peace be upon him, who said:
"Yes, go and tend to your palms, for perhaps you will give in charity or do good."
This establishes that:
A woman in her waiting period can leave the house during the day for necessary tasks, such as work or errands, but must return home at night.
Imam Maalik, Imam Shaafi'i, Imam Ahmad, and Al-Layth agree on this.
Abdulwahab Ibn Yusuf Isah
Qur'an Chronicles
