The Holy Quran with Five Volume Commentary (Vol 1) — Page 369
PT. 2 R. 29. AL-BAQARAH CH. 2 الطَّلَاقُ مَرَّتُنِ فَإِمْسَاكَ بِمَعْرُوفٍ اَو Such divorce may be. 230 1 تَسْرِيحُ بِإِحْسَانٍ وَلَا يَحِلُّ لَكُمْ آنْ b pronounced twice; then, either retain them in a becoming تَأْخُذُوا مِمَّا أَتَيْتُمُوهُنَّ شَيْئًا إِلَّا أَن manner or send them away with GE kindness. And it is not lawful يَخَافَا أَلَّا يُقِيْمَا حُدُودَ اللهِ فَإِنْ for you that you take anything of what you have given them خِفْتُمْ أَلَّا يُقِيْمَا حُدُودَ اللهِ فَلَا جُنَاحَ your wives) unless both fear) عَلَيْهِمَا فِيمَا افْتَدَتْ بِهِ تِلْكَ حُدُودُ اللهِ that they cannot observe the limits prescribed by Allah. But, "See 2:228. "2:232; 4:130; 65:3. the husband has superiority over the wife, i. e. in case of difference, the final authority is vested in him. The reasons for this are given in 4:35. The divine attribute Mighty added at the end of the verse contains a reminder and a warning to the husband that he must not misuse the authority he has been given in household affairs, for there is the Almighty God over his head to Whom he is responsible for his actions. The attribute also provides a reason for vesting authority in the husband, who is the stronger of the parties. The attribute Wise brings home to the husband the fact that the vesting of the final authority in him is based on just and wise considerations, because wherever two or more persons live together, it is necessary that the wisest among them be appointed the Amir or the chief for the efficient running of their affairs and the uniformity of their actions. A word here about the significance of seems essential. As explained under Important Words, this word 369 gives two distinct and contrary meanings, i. e. (1) menstruation; and (2) the period of purity between two menstruations. This has given rise to much difference of opinion among scholars of Muslim jurisprudence; Abu Bakr and 'Umar among the Companions of the Holy Prophet and Abū Ḥanifah and Aḥmad bin Ḥanbal the Imāms of jurisprudence have held the view that by using the word the Quran means menstruation and not the period of purity. On the contrary, ‘Ā'ishah (wife of the Holy Prophet) and Ibn 'Umar among the Companions, and Mālik and Shāfi‘ī among the Imāms of jurisprudence have held the opposite view (Muḥīt). Opinions being so balanced, it would be open to a Muslim to take either of the two views, but a collective survey of relevant arguments, which need not be stated here, leads one to the conclusion that the first-mentioned view is perhaps the more reasonable of the two. If, however, one should desire to be on the perfectly safe side, it is open to him to take the word,