Commentary on Al-Baqarah 2:226–227 — The Oath of Abstention (Ila')

سورۃ البقرۃ ۲۲۶–۲۲۷

Tafseer Aayat-e-Talaaq (Surah al-Baqarah 226–242, Surah al-Talaq)

لِّلَّذِينَ يُؤْلُونَ مِن نِّسَائِهِمْ تَرَبُّصُ أَرْبَعَةِ أَشْهُرٍ ۖ فَإِن فَاءُوا فَإِنَّ اللَّهَ غَفُورٌ رَّحِيمٌ

(Al-Baqarah 2:226) "For those who swear abstention from their wives, there is a waiting period of four months. Then if they return, indeed, Allah is Forgiving and Merciful."

Lillazina yu'luna: for those people who swear by Allah that they will not come near their wives. Tarabbuṣ: waiting, expectation, pause. The additional meaning here is: a respite of four months is allotted to them. Arba'ata ashhur: four months are to be waited. Fa'u: to return to the original state. Fai': spoils of war — originally the property that comes into the hands of Muslims without fighting. If during this period they return to their wives, well and good. Fa-inna Allaha: then surely Allah — Ghafurun Rahim — is forgiving and merciful.

Translation: Those men who swear oaths that they will abstain from their wives — (those to whom this is said) — are given a respite of four months. If they return during that period, Allah is Most Forgiving and Merciful.

Qasam (oath) is of several types: (1) Yamin Ghamus — a false, sinful oath. This is itself a grievous sin which harms the one taking it. It involves deception, lying and going against the truth in some matter. There is no expiation (kaffarah) for this type. The person who takes such an oath has fallen into the hands of God's punishment. Alas, today every kind of false oath is widely practiced — it has been adopted as the norm. One must fear Allah and not do this. One should go forward in whatever work remains.

(2) Yamin Laghw — a futile oath. This type involves no deliberate intention of sinning. Since it is a futile act, it indicates moral laxity and is the worst kind of behavior before Allah, and is known as Yamin Laghw.

(3) Yamin Mun'aqidah — a binding oath. This is an oath made with the firm and deliberate intention of doing or not doing some act. If the act is a noble one, it should be maintained. If it is an evil act, it should be broken and the kaffarah (expiation) given. The kaffarah for this type is: feeding ten poor persons at an average level, or clothing ten, or freeing a slave. If one is unable to do this, then three days of fasting. The full details are in Surah al-Ma'idah.

(4) Ila' — an oath sworn by a husband that he will stay away from his wife. The Shari'ah has set a respite of four months. If during this time they separate, only kaffarah will be required, and that too is only a fine. But if he separates for four months, one divorce will occur upon him — the revocable type. The man on whom this divorce falls cannot remain with his wife without renewing the nikah. Before this, a first divorce had already occurred (in his original act), so the result will be two divorces in one go. Hence the mention here of divorce — Yamin Ghuluw al-Ghayz (an oath of extreme anger). For this reason the matter of divorce is named here.

وَإِنْ عَزَمُوا الطَّلَاقَ فَإِنَّ اللَّهَ سَمِيعٌ عَلِيمٌ

(Al-Baqarah 2:227) "And if they resolve upon divorce, then indeed, Allah is Hearing and Knowing."

Wa-in 'azamu al-talaqa: and if they have firmly resolved upon divorce. 'Azm: a firm decision. Fa-inna Allaha: then surely Allah — La budda minhu — there is no avoiding it. Sami'un 'Alim: All-Hearing, All-Knowing. He hears your words and knows the conditions of your hearts.

Translation: And if they (those who have sworn ila') have firmly resolved upon divorce, then Allah hears everything and knows everything.