Sūrat al-Baqarah
Section 36 of 59 · Surah Studies · Mufti Abdul Rahman Mangera
Three Divorces, and the Parting Gift
Allah (swt) then treats of the mahr, the dowry, and the discussions belonging to it.
Then comes the question whether a divorced woman may marry another. She may. But Allah says that if a husband has divorced his wife three times, then after that — fa-in ṭallaqahā, that is, the third time, at verse 230:
فَإِن طَلَّقَهَا فَلَا تَحِلُّ لَهُۥ مِنۢ بَعْدُ حَتَّىٰ تَنكِحَ زَوْجًا غَيْرَهُۥ ۗ فَإِن طَلَّقَهَا فَلَا جُنَاحَ عَلَيْهِمَآ أَن يَتَرَاجَعَآ إِن ظَنَّآ أَن يُقِيمَا حُدُودَ ٱللَّهِ ۗ وَتِلْكَ حُدُودُ ٱللَّهِ يُبَيِّنُهَا لِقَوْمٍ يَعْلَمُونَ
“Thereafter, if he divorces her, she shall no longer remain lawful for him unless she marries a man other than him. Should he too divorce her, then there is no sin on them in their returning to each other, if they think they would maintain the limits set by Allah. These are the limits set by Allah that He makes clear to a people who know (that Allah is alone capable of setting these limits).” (2:230)
She may not remarry that same husband who has divorced her three times, whether together or on three separate occasions. Having pronounced three, he has forfeited his right to be with her, and she may not return to him. She would have to marry another; and only once she has married another and the marriage has been consummated — the consummation not being mentioned here — could she, if she happened then to be divorced, return. Were all of that arranged and planned beforehand, it would be unlawful to do in most cases.
Allah (swt) then speaks of not harming one's wife. Indeed it is said:
وَلِلْمُطَلَّقَـٰتِ مَتَـٰعٌۢ بِٱلْمَعْرُوفِ ۖ حَقًّا عَلَى ٱلْمُتَّقِينَ
“The divorced women deserve a benefit according to the fair practice, being an obligation on the God-fearing.” (2:241)
Many do not know this: that a man who divorces his wife should give her a parting gift when the matter is dissolved — and there will generally be a good deal of acrimony in such cases. He is to give her a suit, a top and a bottom, a dress and trousers, simply that it may take the edge from the hard feeling. Wa-li-l-muṭallaqāti matāʿun bi-l-maʿrūf may refer to other things besides.