Surah Al-Baqara: Verse 240 - والذين يتوفون منكم ويذرون أزواجا... - English

The text now returns to the subject of divorce mentioned in verses 234-237. The command to take due care of all prayers (verses 238-239) put in between was to remind that the real thing in life is a constant orientation towards Allah, not only in prayers where it is more pronounced, but also in social relationships such as marriage and divorce, rather, in all areas of one's life. The message is: Follow rules set by Allah in your ultimate interest.

Verses 240-242 cited above give guidance on the provision of

residence and maintenance for widows which has been explained in the commentary which follows.

1. In the Age of Ignorance, the period of waiting for a widow was one year, and in Islam, it came to be four months and ten days rather than one full year as we already know from يَتَرَ‌بَّصْنَ بِأَنفُسِهِنَّ أَرْ‌بَعَةَ أَشْهُرٍ‌ وَعَشْرً‌ا : 'They keep themselves waiting for four months and ten days,' in Verse 234, explained earlier. However, women were given a certain advantage in this respect. Those were the days when the injunction of inheritance was not revealed and a wife's share in the inheritance was yet to be determined; in fact, the rights of all others simply revolved around the will of the deceased, as we have already learnt from the explanation of the verse 2:180. Therefore, it was made obligatory that a woman should be allowed to live in the premises of her late husband's house for one full year if she so desires. It was also mandatory under this arrangement that she be given her maintenance during this period out of what has been left behind by her husband. This rule is mentioned in this verse. Husbands have been instructed to make wills to this effect. Since this was the right of the woman and she had the choice to receive or leave it, therefore, it was not permissible for the inheritors to evict her out of the house, but it was permissible for her not to live in that house at her discretion, and leave her due for the inheritors. The condition, however, was that ` iddah or the waiting period of four months and ten days be completed. After the completion of this period she could leave the house of her husband and could enter into a new marriage with another person. This is what is meant by the Qur'anic expression: "Then, if they move out, there is no sin on you in what they have done for themselves of the recognized practice." However, going out during the period of ` iddah and getting married was all counted as sin -- not only for the woman concerned but also for those who could stop her yet did not do so. When 'the verse of inheritance' was revealed, the woman received her ordained share in the house and in all other items of inheritance on the strength of which she had the choice to live in her section of the house and spend out of her share in the inheritance after the completion of four months and ten days, and this verse was abrogated.

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:

(...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:

(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:

(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:

(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:

(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:

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

Al-Bukhari reported that Mujahid said that:

(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:

(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:

(...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:

(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:

(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 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 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 answered in the positive. While I was in the room, Allah's Messenger summoned me or had someone summon me and said:

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

(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:

(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:

(...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:

(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:

(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:

(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,

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