Commentary on Al-Baqarah 2:232–233 — Re-marriage of Divorced Women and Breastfeeding

سورۃ البقرۃ ۲۳۲–۲۳۳

وَإِذَا طَلَّقْتُمُ النِّسَاءَ فَبَلَغْنَ أَجَلَهُنَّ فَلَا تَعْضُلُوهُنَّ أَن يَنكِحْنَ أَزْوَاجَهُنَّ إِذَا تَرَاضَوْا بَيْنَهُم بِالْمَعْرُوفِ ۗ ذَٰلِكَ يُوعَظُ بِهِ مَن كَانَ مِنكُمْ يُؤْمِنُ بِاللَّهِ وَالْيَوْمِ الْآخِرِ ۗ ذَٰلِكُمْ أَزْكَىٰ لَكُمْ وَأَطْهَرُ ۗ وَاللَّهُ يَعْلَمُ وَأَنتُمْ لَا تَعْلَمُونَ

(Al-Baqarah 2:232) "And when you divorce women and they have fulfilled their term, do not prevent them from remarrying their (former) husbands if they mutually agree among themselves in an acceptable manner. This is instructed to whoever among you believes in Allah and the Last Day. That is purer for you and cleaner. And Allah knows while you know not."

Wa-iza tallaqtum al-nisa': and when you divorce women. Fabalaghna ajalahunna: when they reach the end of their 'iddah. Fala ta'duluhunna: then do not obstruct them. An yankihna azwajahunna: from marrying their husbands. Iza taradaw baynahum: when they mutually agree. Bil-ma'ruf: according to reasonable custom and convention. Zalika yu'azu bihi: by this instruction is given. Man kana minkum yu'minu bi-Allahi wal-yawm al-akhir: to those among you who believe in Allah and the Last Day. Zalikum azka lakum wa-athar: this is purer and cleaner for you. Wa-Allahu ya'lamu wa-antum la ta'lamun: Allah knows while you do not know.

Translation: And when you divorce women and they have (nearly) fulfilled their 'iddah, do not prevent them from marrying their (former) husbands when they have agreed on terms in accordance with what is recognized. This is an admonition for whoever among you believes in Allah and the Day of Judgement. This is more virtuous and pure for you. Allah knows and you do not know.

وَالْوَالِدَاتُ يُرْضِعْنَ أَوْلَادَهُنَّ حَوْلَيْنِ كَامِلَيْنِ ۖ لِمَنْ أَرَادَ أَن يُتِمَّ الرَّضَاعَةَ ۚ وَعَلَى الْمَوْلُودِ لَهُ رِزْقُهُنَّ وَكِسْوَتُهُنَّ بِالْمَعْرُوفِ ۚ لَا تُكَلَّفُ نَفْسٌ إِلَّا وُسْعَهَا ۚ لَا تُضَارَّ وَالِدَةٌ بِوَلَدِهَا وَلَا مَوْلُودٌ لَّهُ بِوَلَدِهِ ۚ وَعَلَى الْوَارِثِ مِثْلُ ذَٰلِكَ ۗ فَإِنْ أَرَادَا فِصَالًا عَن تَرَاضٍ مِّنْهُمَا وَتَشَاوُرٍ فَلَا جُنَاحَ عَلَيْهِمَا ۗ وَإِنْ أَرَدتُّمْ أَن تَسْتَرْضِعُوا أَوْلَادَكُمْ فَلَا جُنَاحَ عَلَيْكُمْ إِذَا سَلَّمْتُم مَّا آتَيْتُم بِالْمَعْرُوفِ ۗ وَاتَّقُوا اللَّهَ وَاعْلَمُوا أَنَّ اللَّهَ بِمَا تَعْمَلُونَ بَصِيرٌ

(Al-Baqarah 2:233) "Mothers may breastfeed their children two complete years for whoever wishes to complete the nursing. Upon the father is the mothers' provision and their clothing according to what is acceptable. No person is charged with more than their capacity. No mother should be harmed through her child, and no father through his child. And upon the heir is a similar duty. But if they both desire weaning through mutual consent and consultation, there is no blame upon them. And if you wish to have your children nursed by a substitute, there is no blame upon you if you hand over what you are giving in a fair manner. And fear Allah and know that Allah sees what you do."

Al-Walidatu yurdi'na awladahunna: the mothers shall breastfeed their children. Hawlayni kamilayni: for two complete years — hawl means one year. This encompasses the full scope of two years. Li-man arada an yutimma al-rida'ah: for whoever intends to complete the nursing. Wa-'ala al-mawludi lahu rizquhunna wa-kiswatuhunna: and upon the father is the responsibility of their (the mothers') sustenance and clothing. Bil-ma'ruf: according to recognized custom. La tukallafu nafsun illa wus'aha: no person is burdened beyond their capacity.

La tudarra walidatun bi-waladiha: the mother shall not be harmed because of her child. Wa-la mawludun lahu bi-waladi: and the father shall not be harmed because of his child. Wa-'ala al-warith mithl zalik: upon the heir is the same duty. Fa-in arada fisalan 'an taradin minhuma wa-tashawur: if they both decide by mutual consent and consultation to wean earlier than two years. Fala junaha 'alayhima: there is no blame on them. Wa-in aradtum an tastardia'u awladakum: if you wish to find a wet nurse for your children. Fala junaha 'alaykum: there is no blame on you. Iza sallamtum ma ataytum bil-ma'ruf: when you hand over what you are giving in accordance with convention. Wa-ittaqu Allaha: and fear Allah. Wa-'alamu anna Allaha bi-ma ta'malun basir: and know that Allah sees all that you do.

Translation: And mothers shall breastfeed their children for two complete years — for whoever wishes to complete the nursing. The duty of providing sustenance and clothing to the mothers falls upon the father in a recognized way. No person is burdened beyond their capacity. No mother should be caused harm because of her child, nor should the father. The heir has a similar duty. If both parties mutually wish to wean the child before two years with mutual consent and consultation, there is no sin on them. If you wish to employ a wet nurse for your children, there is no blame on you, when you hand over (the agreed payment) in a fair manner. Fear Allah and know that Allah sees what you do.

The problem of the child's nursing belongs to the mother. The father must fulfill the obligation of maintenance. If the father has died and a second father (i.e., a guardian/heir) comes, then this too becomes his obligation. In the matter of the child's feeding and clothing, the Qur'an has given a general principle: according to recognized custom ('urf 'aam) and convention. If the father dies, and the child's maintenance falls to the guardian or another close relative of the father's family, then it is also obligatory on them. The child's feeding arrangement is a matter of mutual consultation. If both parents mutually agree on less than two years, it is permissible. And if after two years there is still need for nursing, such as if the woman is a nursing woman, this is also permissible (according to the Hanafi school). According to the Shafi'i school, after two complete years nursing stops.