Commentary on Al-Baqarah 2:236–237 — Divorce Before Consummation and the Mahr

سورۃ البقرۃ ۲۳۶–۲۳۷

لَّا جُنَاحَ عَلَيْكُمْ إِن طَلَّقْتُمُ النِّسَاءَ مَا لَمْ تَمَسُّوهُنَّ أَوْ تَفْرِضُوا لَهُنَّ فَرِيضَةً ۚ وَمَتِّعُوهُنَّ عَلَى الْمُوسِعِ قَدَرُهُ وَعَلَى الْمُقْتِرِ قَدَرُهُ مَتَاعًا بِالْمَعْرُوفِ ۖ حَقًّا عَلَى الْمُحْسِنِينَ

(Al-Baqarah 2:236) "There is no blame upon you if you divorce women you have not touched nor specified for them an obligation. But give them a gift — the wealthy according to his capability and the poor according to his capability — a provision according to what is acceptable, a duty upon the doers of good."

La junaha 'alaykum: there is no blame on you. In tallaqtum al-nisa': if you divorce women. Ma lam tamassuhunna: so long as you have not touched them — meaning that you have not had conjugal relations with them, i.e., not consummated the marriage. Au tafridu lahunna faridah: and you have not fixed any mahr (obligatory payment) for them. Wa-mattiu'uhunna: then give them a gift (mut'ah — a consolatory gift). 'Ala al-musi'i qadaruhu: for the wealthy person, according to his means. Wa-'ala al-muqtiri qadaruhu: and for the one of limited means, according to his capacity. Mata'an bil-ma'ruf: a provision according to recognized custom. Haqqan 'ala al-muhsinin: a right incumbent upon the doers of good.

Translation: There is no blame on you if you divorce women before you have touched them or fixed a mahr for them. But give them a gift — the one of means according to his ability, the one of limited means according to his ability — a provision in a recognized manner. This is a duty upon the righteous.

وَإِن طَلَّقْتُمُوهُنَّ مِن قَبْلِ أَن تَمَسُّوهُنَّ وَقَدْ فَرَضْتُمْ لَهُنَّ فَرِيضَةً فَنِصْفُ مَا فَرَضْتُمْ إِلَّا أَن يَعْفُونَ أَوْ يَعْفُوَ الَّذِي بِيَدِهِ عُقْدَةُ النِّكَاحِ ۚ وَأَن تَعْفُوا أَقْرَبُ لِلتَّقْوَىٰ ۚ وَلَا تَنسَوُا الْفَضْلَ بَيْنَكُمْ ۚ إِنَّ اللَّهَ بِمَا تَعْمَلُونَ بَصِيرٌ

(Al-Baqarah 2:237) "And if you divorce them before you have touched them and you have already specified for them an obligation, then give half of what you specified — unless they forgo it or the one in whose hand is the marriage contract foregoes it. And to forgo it is nearer to righteousness. And do not forget graciousness between you. Indeed Allah, of what you do, is Seeing."

Wa-in tallaqtumuhunna min qabli an tamassuhunna: and if you have divorced them before touching (consummating). Wa-qad faradtum lahunna faridatan: and you had fixed a mahr for them. Fanisfu ma faradtum: then give half of what was fixed — half the mahr. Illa an ya'funa: unless the women themselves forgive. Au ya'fuwa al-ladhi bi-yadihi 'uqdat al-nikah: or the one in whose hand is the marriage contract (the husband or the guardian) forgives. Wa-an ta'fu aqrab lil-taqwa: and to forgive is closer to taqwa (God-consciousness). Wa-la tansaw al-fadl baynakum: and do not forget goodness and generosity between you. Inna Allaha bi-ma ta'maluna basir: indeed Allah sees all that you do.

Translation: And if you divorce women before consummating with them, when you have already fixed a mahr, then give half of the fixed mahr — unless the women forgive their portion, or the one who holds the marriage contract forgives. To forgive is nearer to taqwa. Do not forget graciousness between you. Allah sees all that you do.