Take no oath by Allah whether you are right or wrong

224. " And do not make Allah, because of your swearing (by Him) , an obstacle to your doing good and guarding (against evil) and making peace among people; and Allah is All-Hearing, All-Knowing."

Occasion of Revelation:

In many commentary books of the Qur'an including Majma'-ul- Bayan and Ruh-ul-Bayan, the occasion of revelation of this verse shortly is narrated thus:

There appeared a dispute between the bridegroom and the daughter of one of the companions of the Prophet (p.b.u.h.) by the name of Abdullah-ibn-Rawaheh. He had sworn not to interfere in their affairs and not to make peace between them. The revelation was sent down and prohibited such oaths.

Commentary:

The Arabic term / 'ayman/ is the plural form of /yamin/ in the sense of 'oath'; and the word: / 'urdah/ means: ' liable to, object, or impediment ', according to different renderings.

The following messages and points can be taken from the above verse:

1- Do not appeal to swearing as a barrier for doing good:

" And do not make Allah, because of your swearing (by Him) , an obstacle to your doing good..."

2- Use no oath as a means for adjusting your escape from your own responsibility; and do not miss good and benevolent actions and, consequently, their rewards thereby.

"...and guarding (against evil) and making peace among people; ..."

3- Do not misuse Allah and His Holy Name in any occasion. This manner is a kind of boldness and impoliteness.

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It is narrated from Imam Sadiq (a.s.) who has said:

" Take no oath by Allah whether you are right or wrong ..."(1)

4- High values and benevolence should not be abandoned.

5- Beware that Allah hears all statements and He also knows even what have not been uttered, (but they have been thought of) . Then take into account every word and thought of yours.

"... and Allah is All-Hearing, All-knowing."

6. Distributing goodness and benevolence amongst people under the light of piety and virtue, are valuable. Hence, these actions should not be abandoned with the pretext of swearing by His Holy Name. And, basically, being mindful of the value of these good things, such oaths ought not to be taken.

(1) Majma'-ul-Bayan, vol. 2, p. 322

225. " Allah will not hold you liable for thoughtlessness in your oaths, but He will hold you liable for what your hearts have incurred; and Allah is Forgiving, Forbearing."

Commentary:

The oaths which have been taken thoughtlessly, carelessly, or at the time of anger and with no intention or will; or the oaths taken because of loquaciousness and in hurry-scurry speakings, are not legally valuable.

" Allah will not hold you liable for thoughtlessness in your oaths, ..."

The liability to an oath is payable only when it is taken deliberately, in a normal situation, and by the Holy Name of Allah for a useful affair. This sort of oath is religiously obligatory to be executed. Therefore, breaking it is unlawful and the atonement of which is detailed in Sura Al-Ma'idah.(1) So, the expiation of it is the feeding of ten indigents, or a suitable clothing given to them, or the freeing of a slave; but if the one finds the possibility of none of them then, he/she should observe the fast for three days.

"...but He will hold you liable for what your hearts have incurred; and Allah is Forgiving, Forbearing."

Messages:

The responsibility of man depends on his will and decisions for what he elects. Allah forgives the faults of His servants which have been issued from them in some abnormal conditions.

(1) Sura Al-Ma'idah, No. 5, verse 89

226. " For those who swear to abstain from their wives, there shall be a waiting of four months; so if then they revert, surely Allah is Forgiving, Merciful."

227. " And if they have resolved on divorce, then surely Allah is All-Hearing, All-Knowing.

Commentary:

One of the methods that was customary in the Age of Ignorance for the separation of a husband from his wife was /'ila'/ ' forswear '. This method was also followed by those Muslims who had newly embraced Islam. The word means: ' oath of sexual abstention '.

At the Age of Ignorance, when a man displeased his wife, he sometimes took oath to abstain from associating with her, and by this unmanly way, he created a straitened circumstance for her. He neither divorced her legally to make her free to marry with her desired husband and obtain her own wishes, nor he himself was ready to make peace with her and continue to live with her as a spouse.

" For those who swear to abstain from their wives, ..."

So, the verse under discussion speaks about the design that Islam has planned for that problem to put an end to it. It says that husband has a respite of four months to make the woman free from this captivity and entanglement. He may either renounce his oath, and continue to live with his wife, or legally divorces her and lets her be free.

"...there shall be a waiting of four months; ..."

Choosing the first way, and not to disturb the assembly of the family, is undoubtedly reasonable and also pleases Allah. Therefore, at the end of the verse, it says:

"...so if then they revert, surely Allah is Fogiving, Merciful."

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The concluding sentence: "...surely Allah is Forgiving, Merciful" denotes that renouncing this oath will not be counted a sin, (though it is understood from the statement that the essence of taking oath is not an agreeable action) .

* * * *

If the man decides to become separate from her and divorces her, forgiveness and mercy is not assured for his action, and Allah, Who is aware of all secrets, knows whether his sensuality has forced the husband to misuse the law of divorce, or his situation and conditions have really required that. The Lord is All-Hearing unto the apparent execution of divorce and is All-Knowing about the motive of it, as well. So, the Qur'an says:

" And if they have resolved on divorce, then surely Allah is All-Hearing, All-Knowing.

But it should be noted that, although Islam has not absolutely nullified the proposition of forswear, but it has, indeed, wiped out its effects, because, it does not allow any man to separate from his wife and abandon sexual intercourse by forswearing and taking oath. If we see that the verse has given this kind of man a respite of four months' time to decide, it is not for showing that it is really possible to reject any right of the matrimonial rights by forswearing, but it is for the sake that sexual intercourse, as a religious obligation, is necessary at least once every four months. (It is, of course, so that the woman might not commit sin because of this length of time, otherwise, especially for the young ladies that may commit sin as a result of that long time, the length of time between the sexual intercourses should be shortened as much as that her sexual need be provided for.)

Messages:

1 - To wipe out the social customs and old traditions treated superstitiously and ignorantly has been a principle among the duties of prophets.

2- Being attentive to the rights and spiritual and instinctive needs

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of one's wife is a principle for the husband.

3- Sometimes, Man uses the most sacred appellations for the worst aims.

4- For the return of some individuals to the right path and that they make a wise decision, giving a respite is necessary.

5- Islam is the advocator of the oppressed. Women have always been oppressed and their rights have been transgressed all along the length of the history. Therefore, the Qur'an has frequently supported them.

6- People should be encouraged to lead safe and sound lives. The statement: "...so if then they revert, sruely Allah is Forgiving, Merciful " has occurred in the verse to make man aware of the fact that reverting to the course of life is the secret of receiving the forgiveness and mercy of Allah.

7- Islam accepts divorce, with all its bitterness and ugliness, but it does not bear that a wife be suspended and her situation unclear.

8- Be careful of sensuality and be in awe of a decision that destroys the livelihood of a woman, because:

" Allah is All-Hearing, All-Knowing ".

228. " And the divorced women should wait (not wedding anyone else) concerning themselves for three (monthly) courses; and it is not lawful for them to conceal what Allah has created in their wombs, if they believe in Allah and (in) the Last Day. And their husbands have a greater right (than others) to take them back in the meanwhile, if they wish for reconciliation (indeed) . And they (women) have rights similar to those against them in a fair manner, but men have precedence above them; and Allah is the Mighty, the Wise."

Commentary :

In the previous verse the words were about divorce, and then, in this verse, a part of the ordinances of divorce and some of its concerning details are stated. There are five ordinances mentioned in it. At first, it speaks about ' waiting period ', saying:

" And the divorced women should wait (not wedding anyone else) concerning themselves for three (monthly) courses; ..."

The Qur'anic term /quru'/, mentioned in the above verse, is applied in the sense of the period of cleanliness of a woman. And, since the accomplishment of divorce should be performed at the time that the woman is clean and has not had sexual intercourse with her husband, this cleanliness is counted once, and when, afterward, she passes two

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menstruations and becomes clean, one after another, as soon as the third cleanliness finishes and at the moment that mestruation is seen, the waiting period has passed and, at that very status, her marriage is permissible.

The second ordinance is:

"...and it is not lawful for them to conceal what Allah has created in their wombs, if they believe in Allah and in the Last Day. ..."

It is noteworthy that the problem of the beginning and ending of the waiting period, that usually a woman understands herself rather than anyone else, has been trusted to the statement of the woman and it is accepted as a document.

The third ordinance understood from the verse is that the husband can revoke during the waiting period of a revocable divorce. It says:

"...And their husbands have a greater right (than others) to take them back in the meanwhile, if they wish for reconciliation (indeed) . ... "

In fact, when the woman is passing the waiting period of the revocable divorce, the husband can begin the conjugal relation again without any ceremonies. This meaning may happen with any word or action which is with the intention of revocation.

Then the verse pays to the fourth ordinance, stating:

"...And they (women) have rights similar to those against them in a fair manner, but men have precedence above them;..."

Thus, as there are some rights for men upon the wives, there are also some rights for women upon husbands who are charged to observe them.

Regarding to the clear difference between the physical and spiritual powers of woman and man, the administration of the family is up to man and its assistance has been given to the woman. This difference cannot be an obstacle that some women, from the point of spiritual offices, knowledge, and piety be in a higher degree than many of men

The Arabic term /ma'ruf/ which means a benevolent, logical and reasonable action, has been repeated 12 times in these verses to be

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counted as a warning against men and women in order that they do not abuse their rights, but, by respecting the mutual rights of each other, they should try to fix their conjugal relations and obtain the pleasure of Allah.

Finally, at the conclusion of the verse, it says:

"...and Allah is the Mighty, the Wise."

This concluding phrase of the verse points to the fact that the Wisdom and Prudence of Allah requires that in the society every person undertakes the very duties that the law of creation has assigned for the one and they are adapted to the structure of his body and spirit. The Wisdom of Allah also requires that similar to the duties that have been given over to women, there would be settled some certain rights for them, too, in order that there appears an equality and justice between duty and right.

The significance of this meaning, and the difference between the sexes and their responsibilities, will be explained later when the occasion applies.

229. " Divorce (is permissible) only twice, then either maintain (them) in honor or let (them) go in kindness. And it is not lawful for you to take anything of what you have given them, unless both fear that they can not keep (themselves) within Allah's bounds; and if you fear that they cannot keep (themselves) within Allah's bounds, it is no sin on either of them about what she gives up to get herself freed (from the wedlock) . Those are Allah's limits; so do not transgress them. And, whoever transgresses Allah's limits ِ then these are they that are the (willful) wrongdoers."

Occasion of Ravelation:

Once there came a woman to one of the Prophet's wives and complained about her husband that he repeatedly divorced her and then revoked again to create damages for her thereby. And, it was customary among pagan Arabs that a man could divorce his wife thousands of times and revoke it, while there was no limit in this regard. When this grievance was reported to the Prophet (p.b.u.h.) , the above verse was revealed and limited the divorce to three times.

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Commentary:

It was pointed out in the commentary of the former verse that the regulations of ' waiting period ' and 'revocation ' are for the improvement of the conditions of family status and preventing from separation and dispersion. But, some of the new converted believers acted according to the old paganism and abused this regulation. To hurt their wives, they divorced them and revoked it again and again. So, this verse was sent down and prevented that ugly and unmanly action. It says:

" Divorce (is permissible) only twice, ..."

This kind of divorce (revocable divorce) , of course, should be accomplished in different meetings, not in one session alone.

Then, the Qur'an adds that in each of these two meetings the husband should either keep his wife honourably with him and make peace with her, or kindly let her go and separate with her for ever.

"...then either maintain (them) in honor or let (them) go in kindness. ..."

Therefore, the third divorce has not any revocation, because when they had two occasions of dispute and divorce and then peace and revocation were fulfilled, they must put an end to it.

The purpose of the phrase: ' let (them) go in kindness ' is that the husband ought to pay that woman her rights fully and does not let himself say unsuitable words behind her back after he separates from her. He must not make the attitude of other people bad against her and lets her retain the possibility of marriage. Hence, separation should also be accompanied with kindness and benevolence. That is why the verse continues saying:

"...It is not lawful for you to take anything of what you have given them, ..."

It is not lawful for the husband to take or withhold anything out of what he has given or promised to give i.e. ' Mahr ' or dower to the wife. The dower amount is usually large and much of it usually remains unpaid by the husband, the payment of the dower amount, particularly when the divorce is pronounced, is another check upon the husband resorting to an indiscriminate and unnecessary divorce of his wife.

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So, at the time of separation and divorce, the husband is not allowed to take back from the woman forcefully what he has given her as a marriage-portion.

In the next part of the verse, it points to the divorce of khul', and says that it is only in one phase that taking the dower is possible. It is in the case that the woman does not want to continue the conjugal life and they both fear that they are not able to observe the limits of Allah in that kind of life.

"...unless both fear that they can not keep (themselves) within Allah's bounds; ..."

Under this law the wife may seek to get freed of the wedlock by returning the dower to husband, if she has already received it, or to forgo it, if it be still due to her and take the divorce of khul' from Hakim-i-Shar', viz. the Islamic judge. Then it says:

"...and if you fear that they cannot keep (themselves) within Allah's bounds, it is no sin on either of them about what she gives up to get herself freed (from the wedlock) ."

In this phase, the origin of separation is, in fact, the wife. So, she must pay the indemnity of this action and let the man, who is willing to live with her, marry another lady with the same marriage-portion.

At the end of the verse, it points to the whole of the ordinances that are stated in this verse, and says:

"...Those are Allah's limits; so do not transgress them. And, whoever transgresses Allah's limits - then these are they that are the (willful) wrongdoers."

Messages

1- Plurality of divorce is based on plurality of marriage, i.e. there should be a marriage before a divorce. When a man, in one session, tells his wife: ' I divorced you thrice ', there has occurred, indeed one divorce, because he has not ceased more than one marriage. For this reason, in the jurisprudence of Ahlul-Bayt (a.s.) it is cited that a number of divorces should be fulfilled in a number of stages; and before every

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divorce there should also be a wedlock. This plurality, besides the apparent indication of the verse, is for a closer common good, too. It is not convenient that the relation of a family be disturbed in one gathering and by one decision for ever.

2- Earning the life by the husband and obedience of the wife unto her husband are the limits of Allah.

3- The breaker of the law is unjust.

"...And, Whoever transgresses Allah's limits - then these are they that are the (willful) wrongdoers."

230. "If he divorces her (for the third time) , she shall not be lawful to him thereafter, until she marries another husband; and if he (the latter) divorces her, then it is no sin on (either of) them to return to each other (by marriage) , if they think that they can keep Allah's bounds. Those are Allah's limits; He makes them clear to a people who know.

Occasion of Revelation

Once, at the time of Prophet of Islam (p.b.u.h.) , a woman came to him and said she had been the spouse of her cousin by the name of Rifa'ah, who divorced her thrice. After that, she married a man named 'Abd-ur-Rahman, but he, before any sexual relations with her, divorced her, too. Then, she asked the Prophet (p.b.u.h.) whether she could return to her first husband.

The Messenger of Allah (p.b.u.h.) did not agree and said that her marriage with that first husband was right if she had sexual intercourse with her new husband. The above verse was revealed.

Commentary:

In the commentary of the previous verse this fact was briefly referred to that: after the second divorce, the couple should either follow the path of peace and kindness, or separate from each other for ever.

The verse under discussion is counted as a note, indeed, added to that ordinance. It says:

" If he divorces her (for the third time) , she shall not be lawful to him thereafter, until she marries another husband; and if h (the latter) divorces her, then it is no sin on (either of) them

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to return to each other (by marriage) , if they think that they can keep Allah's bounds.

Messages

1- Men should not misuse their conjugal rights. They ought to know that they are not free and authoritative upon their wives forever in this regard.

It is narrated from Imam Rida (a.s.) who said: " Do not take divorce light, and do not cause your wives to incur a loss." (1)

2- Not every one knows the secrets and the Wisdom of the Divine laws, therefore some people, maybe, look at these instructions surprisingly, while the secrets of them are clear for those who have insight. Common people often see the apparent of these instructions, but the cognizant recognize the spirit and the depth of them.

3- Muslims should know that the limits of Allah are not liable only to prayers, alms, Hajj, and Holy War. Observing the family affairs are the limits of Allah, too.

"...Those are Allah's limits; He makes them clear to a people who know."

(1) Manlayahduruhul-Faqeeh, vol. 3, p. 502

231. " When you divorce women, and they have reached their waiting-period, then either retain them in a fair manner or set them free in a fair manner; and do not retain them for injury, so that you transgress (the limits) ; and whoever does that he indeed is unjust to his (own) self. And do not take Allah's Signs in mockery, and remember Allah's blessing upon you and what He has sent down unto you of the Book and Wisdom to admonish you thereby, and be in awe of Allah and know that Allah is All-Knowing of all things."

Commentary:

This verse, following the subject of the previous verse, states some limits that Islam has legislated upon divorce in order to prevent some disregards unto the rights and honour of women.

The verse indicates that during the waiting-period, even if there is only one day remained from that term, man is allowed to return to his wife and retain her with the purpose of living together sincerely. But, if the circumstances are not favourable, he can set her free. At any rate, whatever his decision is: either revocation or separation, it should be fulfilled in a fair manner and with goodness and, consequently, far from any revengefulness.

" When you divorce women, and they have reached their waiting-period, then either retain them in a fair manner or

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set them free in a fair manner; ..."

Then the verse interprets the Qur'anic term /ma'ruf/ (a fair manner) saying that the revocation should be based on serenity and sincerity.

"...do not retain them for injury, so that you transgress (the limits) ; and whoever does that he indeed is unjust to his (own) self. ..."

Since, at the Age of Ignorance, divorce and revocation had often been used as a means of injury and avengefulness, the verse, with a severe tone, says that retaining a woman as one's wife should not be performed with the aim of hurting her or transgressing her, because this manner is not only unjust against her but also unjust to his own self. This meaning may be for the sake that:

1- The revocation which is based on the purpose of transgression contains no tranquility and peace with it.

2- From the view point of the Qur'an, in the system of creation, man and woman are complementary parts of one unit. So, for a husband treading the rights of his wife is a transgression and injustice to his own self.

3- The one who acts unjustly against another person he, indeed, goes forward unto the punishment of Allah and, thus, he has done cruelty to himself, in fact.

Mock not Allah's Laws:

Some people usually commit thousands of offences, but, to fly from the pressure of their inner sense or, as they imagine, to fly from the chastisement of Allah, they seek protection of some legal devices and cling to the apparent meaning of verses or ordinances.

The Qur'an considers this style a kind of mockery to the revealed verses and the Divine laws. This swerve, unfortunately, is seen applied upon many of the ordinances, one of which is this very one of divorce. As it was said before, the right of revocation is up to husband for the sake that the wedlock remains steadily all the longer. But some people move exactly opposite to this direction, ie., abusing the right of

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revocation, they try to take revenge and hurt the woman. They cover their real cruel feature under the veil of acting upon Law.

This is the same as mockery unto the Qur'an and the Law. The verse under discussion remarks that we beware not to mock the Messages of Allah (s.w.t.) and remember the Divine great blessing of the religion of truth and the heavenly Book, too, which has come for our happiness.

"... And do not take Allah's Signs in mockery, and remember Allah's blessing upon you and what He has sent down unto you of the Book and Wisdom to admonish you thereby, ..."

Religion and its collection of regulations has originated from the firm system of this very world, and has been legislated based upon the real interests of men. Therefore, it is not right that, by neglecting the requirements, we clasp to the apparent of some ordinances and make up some spiritless frames which put our interests in danger. They are also counted as heedlessness to Allah'Signs.

At the end of the verse, in order to defend from the rights of women and to prevent from the divine ordinances probably being abused, it reminds of this fact that to be careful of your duties to Allah and know that He is aware of all your activities and all the secrects of this world.

"...and be in awe of Allah and know that Allah is All-Knowing of all things."

232. " And when you divorce women, and they have reached their waiting-period, do not prevent them from marrying their (former) husbands, when they agree between themselves in a fair manner. With this is admonitioned whoever of you believes in Allah and the Last Day; that is more virtuous and purer for you; surely Allah knows and you know not."

Occasion of Revelation

One of the companions of the Prophet (p.b.u.h.) by the name of Ma'qal-ibn-Yasar opposed the marriage of his sister with her former husband named 'Asim ibn 'Ady. This man, 'Asim, had divorced her but, after concluding the prescribed waiting-period, both of them were willing to fasten their wedlock again by a new wedding.

For this reason the revelation was sent down and prevented him (Ma'qal) from opposing such a marriage.

It is also cited in another narration that the verse was revealed when Jabir-ibn-'Abdullah opposed the marriage of his cousin with her former husband. Perhaps, in the Age of Ignorance, this right had been given to many close relatives.

(No doubt, in our jurisprudent, brothers and cousins have no guardianship (wilayat) over their sisters or cousins, but, as we will

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explain in this discussion later, the meaning of the above verse is a general ordinance about guardians and other than them that neither of these people may rightfully oppose such a marriage: neither father nor mother, nor cousin, nor non-relative persons.)

Commentary:

Another Chain Was Broken !

As was stated in the former explanations, in old times women were living bound in the chains of ignorance and were terribly captured by the will, desire, and lust of lewd men without having any regard for women's affection, thought and decision.

One of the examples of that status was the subject of choosing husband where the like or dislike and willingness of women had no place. Concerning to this style, even when the woman was formally married and then separated from her husband thereafter, her second marriage with him again depended on the decision of her guardian or guardians, although those two (the man and the woman) wished to continue their former conjugal life.

Their guardians, then, used to prevent that wedlock because of their (guardians') own interests or for some vain imaginations and superstitions.

The Qur'an has clearly condemned this style. It says that the guardians and other individuals have not such a right, because when both the man and woman, who are the main elements of marriage, have unanimity with each other and after that separation they are willing to marry again, opposition of others is meaningless.

" And when you divorce women, and they have reached their waiting-period, do not prevent them from marrying their (former) husbands, when they agree between themselves in a fair manner. ..."

Thus, it is understood from this verse that divorcees need not to obtain permission or agreement of their guardians to marry again, and even the opposition of their guardians, if any, is invalid. Now, the question is about the marriage of the virgin girls that: is it necessary to

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obtain her guardian's permission? The above verse is silent in this regard and we must refer to the jurisprudent books for its explanation. It only continues saying:

"...With this is admonitioned whoever of you believes in Allah and the Last Day; ..."

This part of the verse means that these ordinances, that are stated for individuals' benefits, affect on those who believe both in Allah, the Creator of the world, and in the Day of Judgement. It is in this case that a person, under the light of theology, can detach from egoism and, controlling his low desire, rescues himself from deviation.

"...that is more virtuous and purer for you; surely Allah knows and you know not."

This concluding statement points to the fact that the fruit of one's action upon these ordinances is perfectly his, but as a result of unsufficient information some individuals may not be aware of the philosophy of divine ordinances; while the Lord, Who knows all the secrets, has assigned these instructions for the sake of protecting their interests and purification and cleanliness of family members.

It is noteworthy that, in this sentence, acting upon these instructions are introduced as the causes of both vitrue and purity, (more virtuous and purer) , which means that acting upon these instructions removes both the different impurities, resulted from doing some worng deeds, from families so that it purifies them, and attains development, improvement, favour and blessing for them. 

233. " And the (divorced) mothers shall suckle their children for two whole years for him (father) who desires to complete the period of suckling. It is (incumbent) upon the father to provide (sustenance) and their clothing (nursing mothers) in a fair manner. No soul shall have imposed upon it a duty but to the extent of its capacity; neither shall a mother be made to suffer harm on account of her child, nor a father on account of his child, and the same devolves upon the heir. But if they desire to wean by mutual consent and consultation, then it is no sin on them. And if you desire to seek a wet nurse for your children, it is no sin on you as long as you pay what you promised for in a fair manner; and be in awe of Allah, and know that Allah sees what you do."

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Commentary:

In Arabic philology the term /walidah/ is used for ' mother ' while the term /umm/ has a wider meaning and, besides applying the term for 'mother ', its concept sometimes refers to the ' root ' or ' source ' of everything.

In this verse, the Qur'an points to several instructions about the problem of suckling and the different rights that mother, child, and father have in this regard. These instructions, on the whole, are seven various ordinances.

Seven Instructions Upon Suckling:

1- The right of nursing the child for two whole years is specialized to mother, because it is she who can suckle and look after her child during this time. In view of the fact that the nutrition of the baby, bodily and spiritually, has a close and firm relation with mother's milk and affections, although the guardianship of little children has been given to father, the right of protection and maintenance of a child is given to mother. On the other hand, maternal affections should be observed, too, because the mother cannot bear to see that her bosom is empty from her child and remain silent in such sensitive moments. Therefore, specializing the right of suckling and maintenance of a child to mother is a kind of mutual right which is helpful for both the circumstances of the mother and the conditions of her child.

" And the (divorced) mothers shall suckle their children for two whole years ..."

2- It is not necessary that the duration of suckling to be positively two years. This two-year-suckling period is for the one who wants to accomplish it perfectly.

"...for him (father) who desires to complete the period of suckling. ..."

But, regarding to the position of the child's body and observing its health, the mother has also the right to diminish this course when she thinks it is favourable.

A tradition from Ahlul-Bayt (a.s.) says that the whole course of suckling is two years while its incomplete course is twenty one months.

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This idea may be abstructed from gathering the concepts of this verse and verse 15 from Sura Al-Ahqaf, No. 46, where it says: "...and the bearing of him and the weaning of him was thirty months; ...". And, we know that the course of pregnancy is usually nine months. Therefore, the remaining time, which is twenty one months, is the ordinary time of suckling.

And, also in view of the fact that, in Sura Al-Ahqaf, the matter has not been cited in a compulsory form, hence, considering the health of the child, mothers may rightfully diminish the suckling months to less than 21 months, too.

3- Mother's expenses for food and clothing during the suckling course, even when she is divorced, is upon the baby's father in order that mother be able to nurse the child conveniently and with a peace of mind.

"...It is (incumbent) upon the father to provide (sustenance) and their clothing (nursing mothers) in a fair manner. ..."

Here, the Qur'anic phrase /almaulud-i-lahu/ (ie. the one for whom the child is born) which is used instead of applying the term ' father ', attracts the attention. It seems the revelation intends to move the affections of the father all the more towards the path of doing his aforementioned duty. That is, if the expenses of the mother and child during the suckling course has been trusted with father to pay, it is for the reason that the baby is his own beloved child and is the fruit of his heart, not a foreigner.

The occurrence of ' in a fair manner ', here, shows that mother's clothing and food should be given in a scale about the usage and also appropriate to her position. Neither stinginess nor immoderation is right in this regard.

Then, to remove any ambiguity, it explains more about this subject that the duty of a father is due to his capacity, as Allah has assigned no duty beyond the ability of any individual.

"...No soul shall have imposed upon it a duty but to the extent of its capacity; ..."

4- Neither father nor mother should disregard the fate of their child because of their own oppositions. This may cause a harm for the

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mind and spirit of the child which cannot be compensated later.

"...neither shall a mother be made to suffer harm on account of her child, nor a father on account of his child, ..."

Men ought to be attentive to the mothers' right of suckling and protection. They should not tread it by taking the child from them. By the way, mothers should not abuse the right which is given to them, either, by restraining suckling through some various vain pretexts, or deprive the man from visting his child.

5- After the death of the father, his heir should undertake this duty and provide the necessities of the mother during the time she nurses the child.

"...and the same devolves upon the heir. ..."

6- The allowance of weaning is given to parents though the previous verses have defined some limits for suckling the child. Parents, with the agreement of each other, can wean whenever they think it is suitable for the physical state of the child.

"...But if they desire to wean by mutual consent and consultation, then it is no sin on them. ..."

That is, if parents counsel and agree to decide to wean, there will be no problem for them.

In the meanwhile, the mother is not obliged to nurse the baby. So, whenever she wishes she can stop it, while it is better for her to forsake some of her own desires for the sake of development of her child and not let herself lose the cooperation and the due consultation of her husband alongside this way, so that the mutual consent, pointed in the verse, actually happens.

7- It is impossible to prevent the mother from nursing her child, unless mother herself refrains from suckling, or there really comes forth a barrier for her. Hence, it says:

"...And if you desire to seek a wet nurse for your children, it is no sin on you as long as you pay what you promised for in a fair manner; ..."

The last part of the above sentence means that engaging another woman to suckle the child instead of mother, after consultation and obtaining mutual consent, does not matter. It is, of course, upon

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condition that this manner does not cause the mother's right due to the length of her former suckling to be trodden. This right should be paid to her in a fair manner.

Since disputes and oppositions between man and woman sometimes awaken the spirit of revengefulness in them, and their fate or that of their helpless child may be exposed to danger, and each of them may think of evil planning for the other, at the end of these ordinances, the Qur'an says:

"...and be in awe of Allah, and know that Allah sees what you do."

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Note:

A thin and delicate explanation is also cited upon this verse which we narrate exactly here:

The root, ' darara ' meaning harm; in its original form to do harm (transitive) and in its secondary form ' Tadarrar ' meaning to suffer or to receive harm (intransitive) . Here the secondary form ' Mudarra ' has been used which usually means mutual give and take, meaning neither to harm nor to get harmed. As such this passage means that on account of the child or the disagreement between the parents none of the three (viz. the father, mother or the child) should be harmful to the other, or should be harmed by the other. This interpretation covers the various commentaries given by the different commentators.

The implication of the passage regarding the mutual rights of the wife and the husband during the period of suckling of their issues, and the right and the duty of the heir of the husband and the condition for the permissibility of employment of a wet-nurse for the suckling of the issue, there are very subtle points for which you may please refer to 'Fiqh ', jurisprudent books.

234. " And those of you who die, and leave widows behind, they should keep themselves in waiting for four months and ten (days) ; when they have completed their waiting period, then it is no sin on you for what they do for themselves in a fair manner. And Allah is fully aware of what you do."

Commentary:

Superstition Against Women in Old Times

One of the main problems and basic difficulties for women is their marriage after the death of husband. Since the immediate marriage of the widow with another spouse after the death of her husband often contradicts with affections and keeping the regards of the ex-husband, it is not fitting, with the spirit and sensations of the relatives of the Late, besides that the lack of a child in woman's womb must become certain. So, the above verse has conditioned the remarriage of the widows to keeping themselves in waiting for four months and ten days.

Observing the honour of matrimonial life, even after the death of the spouse, is a natural innate proposition. That is why there have always been some special customs common on this purpose among different tribes. Sometimes in these social traditions, the behaviour has been so excessive that women would become helplessly captured in a manner that sometimes the worst crimes could be committed upon them. For example, in some tribes it was customary to burn the widow; and in some others they would bury her alive with the man.

Some groups of people used to deprive the widows from their remarriage forever and, thus, those kind of widows were isolated therby.

In some tribes, widows had to stay for a length of time beside their

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husband's grave inside a black tent and in some dirty shabby clothings, plain and without any ornamentation. They could not even wash themselves during days and nights.

The above verse put an end to all of these superstitions, and, in the meanwhile, it worthily and respectfully supported the principle of observing the honour of matrimonial life by keeping the waiting-period after the death of husband.

" And those of you who die, and leave widows behind, they should keep themselves in waiting for four months and ten (days) ; ..."

The Arabic term /tawaffa/, which is used in many occurrences in the Qur'an, means ' to take '; and the term /ba¶r/, which has no past tense form in Arabic, means ' strewing '. So, the verse says the women who lose their husbands have to wait for four months and ten days as waiting-period and abstain from remarriage.

"...when they have completed their waiting period, then it is no sin on you for what they do for themselves in a fair manner. ..."

The sense of /buluq -i-'ajal/ refers to the conclusion of the period. This part of the verse indicates that after finishing this length of time, women can remarry everybody they want.

The prescribed waiting period of four months and ten days is compulsorily to be observed by a widow whether she had intercourse with the bereaved husband or not. In the case of her being pregnant the maximum prescribed waiting period or the period or the delivery, whichever be the later, should be observed.

Dealing with the divorce and the waiting period, it was appropriate to deal with the question of an out sider overtly or covertly proposing to marry the divorced one. Qur'an says there would be no harm provided the talk does not exceed the limit of modesty and no contract is finalised before the conclusion of the waiting period.

* * * *

In view of the fact that sometimes concerning guardians hinder the marriage of the widows because of some superstitions and vain imaginations, the verse addresses them and tells them that they have no

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responsibility in this regard and widows can have their re-wedlock on a proper base with whoever they desire.

"... And Allah is fully aware of what you do."

The guardians should stand away from interfering in their children's affairs, and know that the Lord is aware of everything, and He recompenses all for their good actions and evil actions.