The Holy Quran with Five Volume Commentary (Vol 1) — Page 371
PT. 2 AL-BAQARAH a plaything while I am yet among you?" After the pronouncement of the first two divorces, the husband can take back the divorced wife within ‘iddah, i. e. the period of waiting, with or without her consent; but after the period of waiting is over, he can take her back only with her consent and that after remarrying her. After the pronouncement of the third divorce, however, the husband forfeits this right and the couple are finally separated. A Companion of the Holy Prophet once asked him saying, "The Quran has here spoken of two divorces only, whence comes in the third!" The Prophet referred him to the Quranic words i. e. or send them away with kindness meaning thereby that after the pronouncement of the first two divorces the husband was free to retain his wife if he so desired but if he wanted irrevocable separation, he should "send her away", i. e. divorce her a third time (Jarir & Musnad). The point is further made clear in the succeeding verse. Thus the word here signifies i. e. divorce. The present verse also makes it clear that when a person divorces his wife, he forfeits i. e. the dower- money he has given her; and if at the time of divorce he has not yet given her the dower-money agreed on by the parties, he must make the payment before the divorce becomes effective. Again, he is not allowed to take back anything he might have given her in the form of gifts and presents as the clause it is not lawful for you that you take anything of what you have given them indicates. If, however, it is the wife who 371 CH. 2 demands known as off of clothes etc. , or the shedding of old leaves), she must get it through a Qādi or judge as the word (you fear), which has been put in the plural number, hints. In this case she has to part with, in full or in part, her dowry as well as the gifts she might have received from her husband, as agreed on by the parties or decided by the judge. The case of Jamilah, wife of Qais bin Thābit, provides a good illustration of the exercise of the right of Khul'a by women. She demanded separation from her husband, Qais, on the ground that she did not like him, i. e. their temperaments being different, she could not get on with him. She was granted Kkul'a by the Holy Prophet, but she had to return to her husband the orchard he had given her (Bukhārī). This right, however, is not to be exercised in a light-hearted manner. The Holy Prophet has condemned the action of a woman who demands separation from her husband without valid reason even as he has condemned the action of a man who divorces his wife without genuine cause. He is reported to have said, "A woman who seeks separation from separation, technically (Khul'a lit. the putting her husband without a legitimate cause shall be deprived of the fragrance of heaven" (Dāwūd & Tirmidhi). This is what is hinted in the concluding words, these are the limits prescribed by Allah, SO transgress them not, etc. The husband and the wife are both warned to fear God and refrain from transgressing the limits imposed by God for their own good.