Bismillah-ir-Rahman-ir-Rahim.

In the Name of Allâh, the Most Beneficent, the Most Merciful. All the praises and thanks be to Allâh, the Lord of the 'Alamîn . The Only Owner of the Day of Recompense. You (Alone) we worship, and You (Alone) we ask for help. Guide us to the Straight Way. The Way of those on whom You have bestowed Your Grace , not (the way) of those who earned Your Anger, nor of those who went astray .

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65: (Al-Talaq)- Divorce

(The Divorce)Section (juz') 28

Number of Verses: 12

Sura al-Ṭalāq (Arabic: سورة الطلاق) is the sixty fifth sura of the quran. It is a madani sura located in the twenty seventh juz thereof. It is called "al-Talaq" (divorce) because the bulk of the sura is devoted to rulings of divorce. The first part of the sura provides outlines of the rulings of divorce together with warnings, threats, and good tidings, and the second part points to the greatness of god, the place of the prophet(s), the rewards of righteous people, and punishments of wrongdoers.

Effects of the recitation of the sura are said to include being steadfast on the tradition of the Prophet (s) and immunity from the fire of the hell.

The blessed Chapter 65, revealed in Medina, has twelve Verses. The first seven Verses treat of divorce and the related rulings, hence the designation of the Chapter. The second section deals with the fate of those who disobeyed Divine Command and thereby suffered the consequence of their disobedient as well as that of those who obeyed the Prophets and did righteous good deeds and were thereby reward by Divine Bounties.

It is narrated from the Noble Prophet (S) that whoever recites Surah al-Talaq and acts upon its injunctions will pass away while following the Prophetic traditions.

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Benefits

This Surah was revealed in Madinah and it has 12 verses. Imam Ja'far as-Sadiq (a.s.) has said that if Surah at-Talaq and Surah at-Tahrim are recited in the faraa'idh then the reciter will be protected by Allah (S.w.T.) from the fear of the Day of Judgement and he will enter Jannah.

In another narration it is said that the one who recites this Surah will be given the inspiration to perform Tawbatan Nasuha (the sincere repentance to Allah [s.w.t.]).

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Lessons

In order to understand the commandments of this Surah, it is useful to refresh one's memory about the regulations which were given concerning divorce and the waiting period (Iddat).

"Divorce may be pronounced twice; then the wife may either be kept back in fairness or allowed to separate in fairness." (Al Baqarah 229)

"And the divorced women (after the pronouncement of the divorce) must wait for three monthly courses and their husbands are fully entitled to take them back (as their wives) during this waiting period, if they desire reconciliation." (Al Baqarah 228)

"Then, if the husband divorces his wife (for the third time), she shall not remain lawful for him after this divorce, unless she marries another husband..." (Al-Baqarah : 230)

"When you marry the believing women, and then divorce them before you have touched them, they do not have to observe a waiting period, the completion of which you may demand of them." (Al-Ahzab : 49)

"And if those of you who die, leave wives behind, the women should abstain (from marriage) for four months and ten days." (Al-Baqarah 234)

The rules prescribed in these verses are as follows:

A man can pronounce at the most three divorces on his wife.In case the husband has pronounced one or two divorces he is entitled to take the woman back as his wife within the waiting period, and if after the expiration of the waiting period the two desire to remarry, they can remarry and there is no condition of legalization (tahlil). But if the husband has pronounced three divorces, he forfeits his right to keep her as his wife within the waiting period, and they cannot remarry unless the woman marries another husband and he subsequently divorces her of his own free will.The waiting period of the woman, who menstruates and marriage with whom has been consummated, is that she should pass three monthly courses. The waiting period in case of one or two divorces is that the woman is still the legal wife of the husband and he can take her back as his wife within the waiting period. But if the husband has pronounced three divorces, this waiting period cannot be taken advantage of for the purpose of reconciliation, but is only meant to restrain the woman from remarrying another person before it comes to an end.There is no waiting period for the woman, who is divorced even before the marriage is consummated. She can remarry, if she likes, immediately after the divorce.The waiting period of the woman whose husband dies is four months and ten days.

One should understand that Surah At-Talaq was not sent down to annul or amend any of these rules, but was sent down for two purposes:

The man who has been given the right to pronounce divorce should be taught such judicious methods of using this right so that it may not needlessly lead to separation. However, if separation does take place, it should only be when all possibilities of mutual reconciliation have been exhausted. In Divine Law, provision for divorce has been made only as an unavoidable necessity. Allah does not approve of the dissolution of a marriage. The Prophet (upon whom be Allah's peace) has said: "Allah has not made lawful anything more hateful in His sight than divorce." (Abu Daud). And: "Of all the things permitted by the Law, the most hateful in the sight of Allah is the divorce." (Abu Daud)The object was to complement this section of the family law of Islam by supplying answers to the questions that had remained after the revelation of the commandments in Surah Al-Baqarah. Answers are given to the following questions:What would be the waiting period of women, marriage with whom has been consummated and who no longer menstruate or those who have not yet menstruated, in case they are divorced?What would be the waiting period of the woman, who is pregnant, or the woman whose husband dies, if she is divorced?What arrangements would be made for the maintenance and lodging of the different categories of divorced women, and for the fosterage of the child whose parents have separated on account of a divorce?

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Hadiths

Narrated 'Abdullah bin 'Umar: that he had divorced his wife while she was menstruating during the lifetime of Allah's Apostle . 'Umar bin Al-Khattab asked Allah's Apostle about that. Allah's Apostle said, "Order him (your son) to take her back and keep her till she is clean and then to wait till she gets her next period and becomes clean again, whereupon, if he wishes to keep her, he can do so, and if he wishes to divorce her he can divorce her before having sexual intercourse with her; and that is the prescribed period which Allah has fixed for the women meant to be divorced."[Volume 7, Book 63, Number 178]

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Abu Zubair reported that he heard 'Abd al-Rahman b. Aiman (the freed slave of 'Azza) say that he asked Ibn 'Umar (Allah be pleased with them) and Abu Zubair heard: What is your opinion about the person who divorced his wife in the state of menses?Thereupon he said: Ibn Umar (Allah be pleased with them) divorced his wife during the lifetime of Allah's Messenger (may peace be upon him) while she was in the state of menses. Upon this Allah's Messenger (may peace be upon him) told him to take her back and so he took her back and he (further) said: When she is pure, then either divorce her or retain her.Ibn 'Umar (Allah be pleased with them) said that Allah's Apostle (may peace be upon him) then recited this verse: "O Apostle, when you divorce women, divorce them at the commencement of their prescribed period" (Ixv 1).[Sahih Muslim Book 9, Number 3489] .

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It is narrated by Saeed bin Mansoor with the rout of Abdullah bin Malik from Ibne Umar that He (Ibin Umar) divorced his wife, while she was menstruating, Prophet peace be upon him said this (divorce) is nothing, and these all are Mutabiyaat of Abu al Zubair [Fath ul Bari Commentary of Bukhari,Kitab at Talaq chapter no: 2] .

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Abdullah bin 'Umar divorced his wife, while she was menstruating, Prophet peace be upon him returned her to him then Ibne Umar divorced her while she was not menstruating [Sunan An-Nisaee Kitab at Talaq Chapter hadith no: 3398] 

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Hadith on jokes: Not allowed to play about divorce, freedom

Fadallah ibn 'Ubayd reported: The Messenger of Allah, peace and blessings be upon him, said, "It is not permissible to jest about three matters: divorce, marriage, and emancipation."

Source: al-Mu'jam al-Kabīr 780

Grade: Hasan (fair) according to Al-Albani

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Hadith on injustice: Exploitation of women, workers, animals 

Ibn Umar reported: The Messenger of Allah, peace and blessings be upon him, said, "Among the greatest of sins to Allah is that a man marries a woman and, when he fulfills his needs with her, he divorces her and leaves with her dowry. And that a man employs another man and leaves without paying him, and finally one who kills an animal for fun."

Source: al-Sunan al-Kubrá 14395

Grade: Hasan (fair) according to Al-Albani

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Abu bakr on custody: A divorced mother has more right to her children

Al-Qasim ibn Muhammad reported: Umar ibn al-Khattab had married a woman of the Ansar and she gave birth to 'Asim ibn Umar, then he divorced her. Umar came to Quba' and he found his son 'Asim playing in the courtyard of the mosque. He took him by the arm and placed him in front of him on his mount. The grandmother of the boy noticed him and argued with him until they were brought before Abu Bakr al-Siddiq, may Allah be pleased with him. Umar said, "He is my son." The mother said, "He is my son." Abu Bakr said, "Leave him and her together." Umar did not repeat what he had said.

Source: al-Muwaṭṭa' 1498

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Dawud on talaq: Worst men divorce their wives fr trivial reasons

Raja' reported: Dawud ibn Abi Hind, may Allah have mercy on him, said, "I sat with the learned jurists and I found my religion with them. I sat with the preachers and I found softness in my heart. I sat with the elders of people and I found manhood among them. I sat with the worst of people and I found that one of them would divorce his wife for an offense that does not even amount to a hair."

Source: al-Mujālasah wa Jawāhir al-'Ilm 485

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Hadith on talaq: Worst of permissible matters is divorce

Abdullah ibn Umar reported: The Messenger of Allah, peace and blessings be upon him, said, "The most hateful of lawful matters to Allah is divorce."

Source: Sunan Abī Dāwūd 2172

Grade: Sahih (authentic) according to Al-Suyuti

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Hadith on Divorce: The prophet protects wife from abusive husband

Ali ibn Abi Talib reported: The wife of Al-Walid ibn 'Uqbah came to the Prophet, peace and blessings be upon him, and she complained to him saying, "O Messenger of Allah! Al-Walid has beaten me!" The Prophet said, "Say to him: He has protected me." She did not stay but for a while until she returned and she said, "He did not give me anything but more beatings!" The Prophet tore a piece of cloth from his shirt and he said, "Say to him: Verily, the Messenger of Allah has given me his protection." She did not stay but for a while until she returned and she said, "He did not give me anything but more beatings!" The Prophet raised his hands and he said, "O Allah, you must deal with Al-Walid, for he has sinned against me twice."

Source: Musnad Aḥmad 1257

Grade: Sahih (authentic) according to Ahmad Shakir

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Hadith on divorce: Wife is divorced after husband hits her

Habibah bint Sahl reported: She was the wife of Thabit ibn Qays and one morning the Messenger of Allah, peace and blessings be upon him, left his house and found her at his door. The Prophet said, "What is the matter?" She said, "Thabit and I can no longer be married." Thabit came and the Prophet said to him, "This is Habibah and she has mentioned what Allah has willed her to mention." She said, "O Messenger of Allah, I have everything he has given me." The Prophet said, "Take what she owes you." Thabit took what was owed from her and she returned to her family.

In another narration, it is said that Thabit had struck her.

Source: Sunan Abī Dāwūd 2227

Grade: Sahih (authentic) according to Al-Albani

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Remember: 

The messenger of allah (saw) said: The most hated of permissible things to Allah is DIVORCE

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