1.1Commentary Divorce and Divorce Conditions
Tafseer e Namoona · Vol. 10As has been explained earlier, the principal subject of this sūrah is divorce, beginning with its opening verse. The address is initially directed toward the Prophet Muḥammad (ṣallá Allāhu ʿalayhi wa-ālihī wa-sallam) as the supreme leader of the Muslim community, and then a general ruling is expressed in the plural form: “يَا أَيُّهَا النَّبِيُّ إِذَا طَلَّقْتُمُ النِّسَاءَ فَطَلِّقُوهُنَّ لِعِدَّتِهِنَّ” “O Prophet, when you divorce women, divorce them at the commencement of their prescribed waiting period.” This constitutes the first of five rulings contained within this verse. It indicates that the pronouncement of divorce must occur at a time when the woman is in a state of purity (i.e., not in menstruation) and when no marital relations have taken place during that period of purity. This condition ensures that the waiting period (ʿiddah) begins immediately following the divorce. If divorce is pronounced during menstruation, the ʿiddah would not begin until the completion of that state, thereby disrupting the intended calculation. Similarly, if the woman is in a state of purity following marital relations, it does not guarantee the absence of pregnancy, and thus does not fulfill the intended legal clarity. Accordingly, this requirement represents a fundamental condition for the validity and proper timing of divorce. Numerous narrations from the Prophet (ṣallá Allāhu ʿalayhi wa-ālihī wa-sallam) state that if a divorce is issued during menstruation, it should be disregarded, and the husband must wait until the woman becomes pure, after which he may proceed if he still intends separation. This interpretation is also repeatedly affirmed in the narrations of the Ahl al‑Bayt (ʿalayhim al-salām). The second ruling is expressed as: “وَأَحْصُوا الْعِدَّةَ” “And carefully calculate the waiting period.” The term “أحصوا” (from iḥṣāʾ) denotes precise counting. This ensures that the waiting period is neither extended unnecessarily—causing undue hardship to the woman—nor shortened, which would undermine its legal purpose, including the safeguarding of lineage and the possible reconciliation of the couple. The calculation is primarily addressed to the husband, since he bears responsibility for maintenance and residence, though the woman is also expected to be attentive in determining her own status. Following this, a broader ethical directive is given: “وَاتَّقُوا اللَّهَ رَبَّكُمْ” “And be mindful of Allah, your Lord.” This emphasizes that adherence to these rulings is rooted in taqwā, as they are designed to secure the welfare of all parties involved. The third and fourth rulings concern residence during the waiting period: “لَا تُخْرِجُوهُنَّ مِن بُيُوتِهِنَّ وَلَا يَخْرُجْنَ” “Do not expel them from their homes, nor should they leave.” Despite the common neglect of this command in practice, it holds profound significance. It serves not only to preserve the dignity of the woman but also to sustain the possibility of reconciliation. Continuous co‑residence during the ʿiddah provides an environment in which emotional tensions may subside and the decision of separation may be reconsidered. Ignoring this directive often results in the finalization of separations that might otherwise have been resolved. An exception is then introduced in the fifth ruling: “إِلَّا أَن يَأْتِينَ بِفَاحِشَةٍ مُّبَيِّنَةٍ” “Except in the case that they commit a manifest indecency.” This refers to situations in which the woman’s conduct—such as severe misconduct, disruptive behavior, or actions incompatible with cohabitation—renders continued residence untenable. The expression “فاحشة مبينة” indicates a clear and serious transgression, not minor disagreements. Some interpretations also include acts contrary to chastity, in which case removal from the home may be related to the implementation of legal consequences. After establishing these rulings, the verse underscores their binding nature: “وَتِلْكَ حُدُودُ اللَّهِ وَمَن يَتَعَدَّ حُدُودَ اللَّهِ فَقَدْ ظَلَمَ نَفْسَهُ” “These are the limits set by Allah, and whoever transgresses the limits of Allah has wronged himself.” These laws are established for the benefit of those who are subject to them, and violation—whether by the husband or the wife—results in harm to their own well-being. Finally, the verse alludes to the wisdom underlying these regulations: “لَا تَدْرِي لَعَلَّ اللَّهَ يُحْدِثُ بَعْدَ ذَٰلِكَ أَمْرًا” “You do not know—perhaps Allah will bring about a new situation thereafter.” This indicates that with the passage of time, the emotional intensity that led to the decision of divorce may subside. Co‑residence, shared responsibilities, and the presence of children may contribute to renewed understanding and reconciliation. Thus, the institution of ʿiddah functions not only as a legal precaution but also as a moral and psychological opportunity for restoring the marital relationship.
1.2A few points 1. Divorce is the most hateful of halal things
There is no doubt that the marital bond is a contract that must, in principle, be capable of dissolution, since at times circumstances arise that render the continuation of shared life either impossible or fraught with hardship and harm. If one were to insist that such a contract must remain permanently binding under all conditions, this would itself become a source of serious difficulty. For this reason, Islam recognizes the necessity of divorce in principle. The consequences of denying this reality can be observed in certain societies where divorce is formally prohibited. In such contexts, although a man and a woman may remain legally bound as husband and wife, in practice they live separate lives, often forming informal relationships outside the legal framework. This demonstrates that the absolute prohibition of divorce does not eliminate separation, but rather transforms it into more problematic forms. Accordingly, divorce is acknowledged as a necessity, yet it is a necessity that should be minimized as much as possible. So long as there remains any possibility of preserving the marital relationship, recourse to divorce should be avoided. It is for this reason that Islamic teachings strongly discourage divorce and describe it as the most detested of permissible acts. A narration from the Prophet Muḥammad (ṣallá Allāhu ʿalayhi wa-ālihī wa-sallam) states: “ما من شیء أبغض إلی الله عزّ وجلّ من بیت یخرب فی الإسلام بالفرقة” “There is nothing more detestable to God than a household that is destroyed through separation (i.e., divorce)” (Wasāʾil al‑Shīʿa, vol. 15, p. 266). Another narration from Imam Jaʿfar al-Ṣādiq (ʿalayhi al-salām) says: “ما من شیء مما أحلّه الله أبغض إليه من الطلاق” “Among the lawful things, nothing is more detestable to God than divorce” (Wasāʾil al‑Shīʿa, vol. 15, p. 266). Similarly, the Prophet (ṣallá Allāhu ʿalayhi wa-ālihī wa-sallam) is reported to have said: “تزوجوا ولا تطلقوا فإن الطلاق يهتزّ منه العرش” “Marry, and do not divorce, for divorce causes the Throne to tremble” (Wasāʾil al‑Shīʿa, vol. 15, p. 266). Such emphasis reflects the profound consequences of divorce, which affect not only the couple but also the family and society, especially children. These consequences may be categorized as follows: 1. Emotional Consequences: After separation, individuals who have lived together for months or years experience emotional distress. The memory of the broken relationship can affect future marital relationships, often leading to mistrust or reluctance to remarry. 2. Social Consequences: Following divorce, many women face difficulty in securing a suitable remarriage, and men too may encounter challenges, particularly when children are involved. This may lead to unstable or unsatisfactory subsequent relationships, resulting in prolonged distress. 3. Impact on Children: The most significant consequence pertains to children. It is rarely observed that step‑parents can fully replace the affection of biological parents. Children deprived of parental care and emotional stability often suffer long-term psychological effects. Some may develop tendencies shaped by neglect or resentment, which can later manifest in harmful social behavior. Thus, the adverse effects of divorce extend beyond the family unit to impact society as a whole. For this reason, Islam imposes strict conditions to minimize its occurrence and to encourage reconciliation. The Qurʾān explicitly directs that when disputes arise between spouses, representatives from both families should intervene and attempt reconciliation, forming a form of familial mediation before matters escalate to legal dissolution. Therefore, any factor that strengthens mutual understanding, goodwill, and familial harmony is regarded positively in Islam, while anything that destabilizes these foundations is considered undesirable and reprehensible.
1.32: Reasons for Divorce
In other social matters where disagreements arise, divorce also has multiple causes. Without carefully identifying and addressing these factors, it is difficult to prevent such outcomes. Therefore, it is essential, first and foremost, to recognize the causes of divorce and to eliminate its roots within society. Although these factors are numerous, the following are among the most significant: (a) Unlimited expectations on the part of either the husband or the wife constitute one of the primary causes of separation. If each party moderates their expectations, moves beyond unrealistic ideals, understands the limitations of the other, and expects only what is reasonably attainable, many divorces could be prevented. (b) In many households, the dominance of excessive attachment to outward beauty, along with extravagance and wastefulness, functions as another important factor. This tendency, particularly among women, may lead to continuous dissatisfaction and may ultimately create pretexts for separation. (c) Unwarranted interference by relatives and acquaintances, especially in the private life and disputes between spouses, is also a major contributing factor. Experience shows that if such external parties refrain from involvement at the initial stage of disagreements and avoid inflaming the situation through partiality, conflicts often resolve naturally. However, interference driven by bias or misplaced affection tends to complicate matters and intensify disputes. This does not imply that relatives should always remain entirely uninvolved; rather, in minor disagreements, they should allow matters to settle naturally. When conflicts become deeply rooted, however, they may intervene with fairness and without partiality, aiming to facilitate reconciliation. (d) Neglect of each other’s needs—particularly emotional and intimate needs—is another significant cause of marital breakdown. A husband generally expects that his wife maintain cleanliness and attractiveness, and similarly, a wife expects the same from her husband. Yet, these expectations are often not openly expressed. When one party neglects personal appearance, fails to maintain basic grooming, or abandons appropriate adornment, it may lead the other to become discontented with the marital relationship. This issue is further exacerbated when individuals compare their situation with others who do maintain such standards. For this reason, Islamic teachings emphasize this matter strongly. A narration from Imam Jaʿfar al-Ṣādiq (ʿalayhi al-salām) states: “لا ينبغي للمرأة أن تعطل نفسها” “It is not appropriate for a woman to neglect self‑adornment for her husband” (Makārim al-Akhlāq, p. 91, 107). Another narration from the same Imam states: “ولقد خرجن نساء من العفاف إلى الفجور ما أخرجهن إلا قلة تهيئة أزواجهن” “Many women left the path of chastity, and nothing led them to that except the negligence of their husbands in preparing themselves appropriately” (Makārim al-Akhlāq, p. 91, 107). (e) A lack of compatibility between the cultural background and lifestyle of the two families is another important factor leading to divorce. This issue should be carefully considered prior to marriage. Beyond the requirement of religious compatibility (kafʾ al-sharʿī), there should also be compatibility in social, cultural, and personal dimensions. Without observing these considerations, the breakdown of such marriages should not come as a surprise. In conclusion, these factors demonstrate that marital stability depends not only on legal frameworks but also on realistic expectations, mutual respect, emotional attentiveness, social wisdom, and compatibility at multiple levels.
1.43. The Philosophy of Iddah
It is well established that the institution of ʿiddah (the waiting period after divorce) rests upon two fundamental principles, as indicated in the Qurʾān and Islamic traditions. First, it serves the purpose of preserving lineage and determining the condition of the woman in terms of whether she is pregnant or not. This ensures clarity regarding descent and safeguards family structure. Second, it provides an opportunity for reconciliation and the restoration of the marital relationship. This point has already been subtly indicated in the preceding verses. In particular, Islam emphasizes that during the period of ʿiddah, the woman should remain in her husband’s home. This arrangement naturally creates continuity of interaction over a period of time, allowing both parties to rise above temporary emotional agitation and reconsider their decision in a calmer and more reflective state. This aspect becomes especially significant in the case of ṭalāq rajʿī (revocable divorce), in which the husband has the right to return to the marital relationship without the need for a new marriage contract. In such cases, even a minimal statement or action that indicates a desire for reconciliation is sufficient to constitute rujūʿ. Indeed, even certain forms of physical contact—whether accompanied by intention or not—may be considered indicative of return under juridical interpretation. Thus, if the prescribed period elapses under these conditions and no reconciliation occurs, it becomes clear that both parties are genuinely unwilling to continue their shared life. In such circumstances, separation is recognized as the more appropriate course. Further elaboration on this matter has been provided in Tafsīr-e Nemūneh, vol. 1, in the commentary on Sūrah al-Baqarah, verse 228.