Commentary on Al-Baqarah 2:229–230 — Two Revocable Divorces and Their Limits

سورۃ البقرۃ ۲۲۹–۲۳۰

الطَّلَاقُ مَرَّتَانِ ۖ فَإِمْسَاكٌ بِمَعْرُوفٍ أَوْ تَسْرِيحٌ بِإِحْسَانٍ ۗ وَلَا يَحِلُّ لَكُمْ أَن تَأْخُذُوا مِمَّا آتَيْتُمُوهُنَّ شَيْئًا إِلَّا أَن يَخَافَا أَلَّا يُقِيمَا حُدُودَ اللَّهِ ۖ فَإِنْ خِفْتُمْ أَلَّا يُقِيمَا حُدُودَ اللَّهِ فَلَا جُنَاحَ عَلَيْهِمَا فِيمَا افْتَدَتْ بِهِ ۗ تِلْكَ حُدُودُ اللَّهِ فَلَا تَعْتَدُوهَا ۚ وَمَن يَتَعَدَّ حُدُودَ اللَّهِ فَأُولَٰئِكَ هُمُ الظَّالِمُونَ

(Al-Baqarah 2:229) "Divorce is twice. Then either retain in accordance with what is reasonable, or release with kindness. And it is not lawful for you to take back from them anything you have given them unless both fear they will not be able to keep the limits of Allah. And if you fear they will not keep the limits of Allah, then there is no blame upon either of them concerning that by which she ransoms herself. These are the limits of Allah, so do not transgress them. And whoever transgresses the limits of Allah — those are the wrongdoers."

Al-Talaqu marratan: (revocable) divorce is two times. These are the two revocable divorces. Fa-imsakun bi-ma'ruf: then retain according to common custom — according to convention. Amsaka: he retained, he held. Au tasrihun bi-ihsan: or release with goodness — set free in a dignified manner, with kindness and generosity. Tasrīḥ (from the root s-r-ḥ, سَرَّحَ) means setting free. Wa la yahillu lakum: it is not permissible for you. An ta'khudhu: to take. Mimma ataytumuhunna: from what you have given them. Shay'an: anything. Illa an yakhafa: except if both of them fear. Alla yuqima hudud Allah: that they will not be able to maintain Allah's limits.

Fa-in khiftum alla yuqima hudud Allah: if you fear (as guardians of the community) that both spouses will not maintain Allah's limits. Fala junaha 'alayhima: there is no sin upon them. Fima aftadat bihi: for the woman's act of ransoming herself — whether she pays back the full mahr or more. This is khul' (the woman-initiated dissolution of marriage). Tilka hudud Allah: these are Allah's limits. Fala ta'tadduha: do not transgress them. Wa man yata'adda hudud Allah: and whoever transgresses the limits of Allah — those are the true wrongdoers.

Translation: Divorce (revocable) is twice. Then either retain them on good terms or release them with kindness. And it is not lawful for you to take back from what you have given them, unless both fear they cannot maintain Allah's limits. If you fear they cannot maintain Allah's limits, there is no blame on either of them for what she gives in return for her freedom. These are Allah's limits — do not transgress them. Whoever transgresses Allah's limits — those are the wrongdoers.

فَإِن طَلَّقَهَا فَلَا تَحِلُّ لَهُ مِن بَعْدُ حَتَّىٰ تَنكِحَ زَوْجًا غَيْرَهُ ۗ فَإِن طَلَّقَهَا فَلَا جُنَاحَ عَلَيْهِمَا أَن يَتَرَاجَعَا إِن ظَنَّا أَن يُقِيمَا حُدُودَ اللَّهِ ۗ وَتِلْكَ حُدُودُ اللَّهِ يُبَيِّنُهَا لِقَوْمٍ يَعْلَمُونَ

(Al-Baqarah 2:230) "And if he divorces her (the third time), then she is not lawful for him afterwards until she has married another husband. And if the latter divorces her, there is no blame upon the two if they return to each other, if they believe they can maintain the limits of Allah. These are the limits of Allah, which He makes clear to a people who know."

Fa-in tallaqaha: if then he gave this divorce (after the two) — meaning the third final divorce. Fala tahillu lahu: then she will not be lawful for him. Min ba'd: after this. Hatta tankih: until she has married — meaning until this woman has made nikah with another husband, and that new husband has also consummated the marriage. Fa-in tallaqaha: if then the second husband also divorces her. Fala junaha 'alayhima: there is no sin upon the two of them. An yatarajaa: that they return to each other — provided the first husband re-marries her. In zanna: if both believe — an yuqima hudud Allah: that they can now maintain Allah's limits — in this new nikah they will both maintain piety. Wa-tilka hudud Allah: and these are Allah's limits — Yubayyinuha li-qawmin ya'lamun: He explains them for a people who know.

Translation: And if the husband then gives a third divorce, then that woman will not be lawful for him (no new nikah is possible) until she has married another man. If then the second husband also divorces her, there is no sin upon the two of them if they return to each other, provided they believe they can maintain Allah's limits. These are the limits of Allah — He makes them clear to a people of knowledge.

We have mentioned earlier that the Sunnah method is to give one divorce at a time. However, certain people have given two divorces in one sitting, thereby making the divorce mughallazah (irrevocable) through their own actions. After waiting the 'iddah period after the third divorce, the woman may not remarry the first husband until she has been married to and divorced from a second husband in a real marriage with genuine consummation. After that, she may remarry the first husband. Anyone who says to this effect that the woman has become halal (for the first husband) — hatta tankih means legitimate nikah and real consummation. The word tankih embraces both meanings and it is extremely unlikely that nikah without actual consummation is intended.