Tafsir Zone - Surah 2: al-Baqarah (The Cow)

Tafsir Zone

Surah al-Baqarah 2:228
 

Overview (Verse 228)
 
Rules of Divorce

 
Having reached in the previous verse a point when divorce becomes a possibility, the sūrah goes on to outline in some detail the rules governing divorce and all matters relating to it, such as the waiting period and maintenance: “Divorced women shall wait, by themselves, for three monthly courses. It is unlawful for them to conceal what God might have created in their wombs, if they believe in God and the Last Day. During this period, their husbands are entitled to take them back, if they desire reconciliation. Women shall, in all fairness, enjoy rights similar to those exercised against them, although men have an advantage over them. God is Almighty, Wise.” (Verse 228)
 
The three monthly courses referred to here are variously understood as three menstrual periods, or three periods of cleanliness from menstruation. The idea is that a divorced woman should not seek another marriage within that period.
 
The original Arabic expression uses a most delicate and sensitive language when advising divorced women to “wait, by themselves, for three monthly courses.” It conveys a mixed sense of eagerness and apprehension. It suggests that a divorced woman would have a strong desire to start a new marital relationship in order to reassure herself, and show others, that the failure of her marriage was not due to any weaknesses or shortcomings on her part, and that she remained attractive to men and capable of starting her life afresh. Being the one who had initiated the divorce, the husband would naturally have no such feelings.
 
Furthermore, the Qur’ān appeals to the woman’s faith in God and the Last Day, urging her not to conceal the fact if she were pregnant by the divorcing husband. Reminding her of the Last Day, the time for punishment and reward, is especially pertinent here as it is meant to arouse her conscience and make her totally scrupulous over such a grave matter. After all, God knows the truth and there is no point in hiding it from Him.
 
The waiting period also acts as a period of grace during which the estranged couple can test their feelings and emotions. They may still have feelings for each other, and their mutual compassion might have been overshadowed by a temporary moment of heated emotions, or a misunderstanding, or personal pride. Once tempers are cooled and fury gives way to common sense, the couple might reconsider their situation and decide that it would be more sensible to forget their disagreement and resume their life together.
 
Divorce is the least preferable solution in God’s eyes; it should only be used as a last resort, when all else has failed. Elsewhere, the Qur’ān urges that divorce must be preceded by attempts at reconciliation and that it must not take place during the menstrual period. It is only possible in a period of cleanliness from menstruation during which no sexual intercourse has taken place between the divorcing couples. This gives yet more time for reflection and reconsideration.
 
When a first divorce between a married couple is initiated, the waiting period acts as a test for their feelings, and if they discover during this time that reconciliation is possible, that option is available to them. As the sūrah says: “their husbands are entitled to take them back, if they desire reconciliation.” (Verse 228) The condition here is that, in coming back together again, the couple should be seriously seeking reconciliation. The aim should never be to undermine the wife’s right to marry someone else or put any pressure on her to resume an unhappy relationship.
 
“Women shall, in all fairness, enjoy rights similar to those exercised against them...“ (Verse 228) The divorced woman is required to wait for a certain period before she can marry someone else, and is obliged to declare whether she is carrying a baby by her divorced husband. The husband is equally required to show good faith if he wishes to take her back, making sure that he intends to cause her no harm. He is further obliged, as we shall see later, to provide maintenance for his divorced wife during the waiting period.
 
The sūrah goes on to say: “... although men have an advantage over them.” (Verse 228) This advantage, in my view, is in no way absolute but is contingent, within the present context, upon the fact that it is the man who initiates the divorce and would, therefore, have the prerogative to take his wife back, a decision that could not be left to her to take. This advantage, indeed a useful and proper one, is by no means universal, as some have erroneously concluded, but is simply dictated by the nature and the circumstances of the dispute.
 
The verse then concludes by asserting: “God is Almighty, Wise.” He lays down rules with force and authority, as well as prudence and compassion.