Conditions for the divorce to be justified:
1- mutual agreement of both husband and wife.
2- Either the husband or wife commits indecency.
3- the wife is 'Nashiz': i.e. is impolite and does not obey her husband.
Else than that, the divorce is not allowed.
Quran 65: 1-7 , the interpretation is by Mohammed-Ali Hassan Al-Hilly.
{1. O prophet! When you [: Muslims] divorce women, divorce them when they have reached their cyclical period a, and ascertain the period b, and ward off [the punishment of] God your Lord c.
[Then, God – be glorified – explained that the divorce is not allowed but only for the wife who commits an obvious adultery, and He said:]
[O husbands] do not turn them out of their houses [by divorce], nor should [your women, of their own accord, demand to be divorced and] go out d,
except when they commit an obvious indecency e.
These [statements which we have just mentioned] are the limits imposed [on you] by God [so trespass them not.]
Whoso trespasses the limits imposed by God [by opposing them], has done wrong to himself f.
You, [the divorcing man], know not: perchance after that God may bring about something [that may be good for you.] g
2. Then, when they have reached their prescribed [Idda or the divorce interim h], then either retain them amicably i or separate from them amicably j
and [O divorcing men] call to witness two out of your just men, and perform the true witness for [the sake of] God. k
By this [admonition] is admonished he who believes in God and the Last Day l.
And whosoever wards off [the punishment of] God m, He will appoint for him a way out [of every distress and difficulty.]
3. And He will provide for him from where he never anticipates n.
And whosoever relies on God o, He will help [and support] him.
Surely, God will convey [the interpretation of these revelations] to His am'r [: the Awaited Mahdi] p; God has made an appointed time for every thing q.}
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a Which are the days of menstruation that the woman counts its days, so as to wash at their completion; they are mostly seven days. But she does not count the days of her cleanliness.
The meaning: Do not hasten, O man, to divorce your wife, while you do not know whether she is pregnant or not, but wait until its days of the cyclical period or ‘Idda’ come; so if she menstruates, it will be obvious that she is not pregnant; but if her days of the cycle end and she does not menstruate, it will then be obvious that she is pregnant. Afterwards you may divorce her in order to be certain whether she is pregnant or not.
Then you should bring witnesses to that; so that she may not ascribe the child to you, if she becomes pregnant from anyone else; and so that she may not hide the pregnancy if she is pregnant by you.
One may ask: what is the advantage of the ‘Idda’ or the days of the cycle, and for what purpose is this?
The answer:
The reason for that is in order that we may know about the divorced woman: is she pregnant or not pregnant; so if a man divorces his wife and he does not know that she is pregnant, and she goes to her family, and she will later be known to be pregnant, the husband may doubt about her pregnancy, and he may say: This pregnancy is not by me, because I divorced her when she was not pregnant; and by saying such words, he will accuse his ex-wife by adultery.
Or the ex-wife may be a profligate, so she will adulterate and be pregnant by someone other than her husband, but the pregnancy will only be obvious after the divorce, and by that she will wrong her ex-husband and he will lose a ‘Nafaqa’ for her child.
So for this reason, God – be glorified – told us: (divorce them when they have reached their cyclical period.)
b i.e. count and ascertain her days of menstrual bleeding, so that if they are two or three days with little blood then it is a non-menstrual bleeding; but if it is seven or six days then it is a menstruation. So by this, you will be certain whether she is pregnant or not pregnant.
c And do not change the manifestations or distort the truths by considering the menstruation a non-menstrual bleeding or vice versa; and do not assert that the pregnant is not pregnant, or decide that the non-pregnant is pregnant; so as to judge according to your own desires and personal advantages.
d It means: The wives have no right to demand divorce, unless both the husband and wife agree on the divorce. And except:
e i.e. clearly confirmed by witnesses, by the eye-witnessing or by her confession – and then the husband is allowed to divorce her;
or if she undresses herself and becomes naked so that a stranger sees her naked without dresses; that is by bathing on the roof of the house and a man of the neighbors sees her or another one sees her whose house is higher than her house, and by doing so, she will have committed the indecency; or she bathes in the sea together with men as do some women do in this time.
The indication of this is His saying – be glorified – in the Quran 7: 28, which means:
(And whenever they commit an indecency [: to be completely naked in the pilgrimage], they say: "We found our fathers practicing it.)
That is because the associaters used to be naked when they performed the pilgrimage.
So by such indecency too, the husband is allowed to divorce her.
While by four witnesses testifying that she committed adultery, the religious punishment will be applied to her, she will not have the Nafaqa due money, neither will she be given what remains of her postponed dowry, nor anything else that she may demand of the husband.
The third way, if she is ‘Nashiz’ who disobeys the order of her husband, he is then allowed to divorce her.
f And will be punished in his life of the World and in his Next Life.
g The meaning: You do not know, it may be your wife’s death appointment has become imminent, and will die following her divorce; so that if you had kept her with you without divorcing her, then you might have inherited her; or she may bore for you a son who will assist you in your elderly, or she may receive some wealth by inheritance and then you will have advantage of her wealth.
Similar to this in meaning is His saying – be glorified – in the Quran 4: 19, which means:
(For if you hate them, it may be that you hate something wherein God may put much good [for you.])
h When they complete the Idda: three months if she is pregnant, and three menses if she is not pregnant; and then the husband may return her back if he wants.
i i.e. to live with them amicably.
j If you insist on parting from them; so in such case you give to the divorced wife its stuffs, Nafaqa (her due expenditure), dresses and dwelling if she is pregnant or suckling your child; but if she is neither pregnant nor suckling, then for her is only the Nafaqa [: the due money] of the Idda period of three months.
k If you are invited to give witness, O witnesses, and do not alter in your witness, what you saw by your own eyes.
l So he should not alter the witness, neither should he forge a lie.
m So that he should not contradict God’s commands.
n i.e. from where he does not imagine, and does not expect.
o Concerning what God prescribes to him, and does not listen to the words of those who forbid him.
p The meaning: God is going to convey the explanation of these ayat to the Mahdi who is one of God’s princes over His creatures.
In other words: God will convey to His Am’r the explanation of these ayat and will acquaint him about the meaning of these ayat; His Am’r is the Mahdi.
This is confirmed by His saying – be glorified – in the Quran 75: 19, which means:
(Then, [after a long period of time] We will explain it [to people.])
i.e. the explanation of the ayat of the Quran that are ambiguous to them.
q And as such has He made a certain time for the advent of the Mahdi.
1- mutual agreement of both husband and wife.
2- Either the husband or wife commits indecency.
3- the wife is 'Nashiz': i.e. is impolite and does not obey her husband.
Else than that, the divorce is not allowed.
Quran 65: 1-7 , the interpretation is by Mohammed-Ali Hassan Al-Hilly.
{1. O prophet! When you [: Muslims] divorce women, divorce them when they have reached their cyclical period a, and ascertain the period b, and ward off [the punishment of] God your Lord c.
[Then, God – be glorified – explained that the divorce is not allowed but only for the wife who commits an obvious adultery, and He said:]
[O husbands] do not turn them out of their houses [by divorce], nor should [your women, of their own accord, demand to be divorced and] go out d,
except when they commit an obvious indecency e.
These [statements which we have just mentioned] are the limits imposed [on you] by God [so trespass them not.]
Whoso trespasses the limits imposed by God [by opposing them], has done wrong to himself f.
You, [the divorcing man], know not: perchance after that God may bring about something [that may be good for you.] g
2. Then, when they have reached their prescribed [Idda or the divorce interim h], then either retain them amicably i or separate from them amicably j
and [O divorcing men] call to witness two out of your just men, and perform the true witness for [the sake of] God. k
By this [admonition] is admonished he who believes in God and the Last Day l.
And whosoever wards off [the punishment of] God m, He will appoint for him a way out [of every distress and difficulty.]
3. And He will provide for him from where he never anticipates n.
And whosoever relies on God o, He will help [and support] him.
Surely, God will convey [the interpretation of these revelations] to His am'r [: the Awaited Mahdi] p; God has made an appointed time for every thing q.}
.......................................................
a Which are the days of menstruation that the woman counts its days, so as to wash at their completion; they are mostly seven days. But she does not count the days of her cleanliness.
The meaning: Do not hasten, O man, to divorce your wife, while you do not know whether she is pregnant or not, but wait until its days of the cyclical period or ‘Idda’ come; so if she menstruates, it will be obvious that she is not pregnant; but if her days of the cycle end and she does not menstruate, it will then be obvious that she is pregnant. Afterwards you may divorce her in order to be certain whether she is pregnant or not.
Then you should bring witnesses to that; so that she may not ascribe the child to you, if she becomes pregnant from anyone else; and so that she may not hide the pregnancy if she is pregnant by you.
One may ask: what is the advantage of the ‘Idda’ or the days of the cycle, and for what purpose is this?
The answer:
The reason for that is in order that we may know about the divorced woman: is she pregnant or not pregnant; so if a man divorces his wife and he does not know that she is pregnant, and she goes to her family, and she will later be known to be pregnant, the husband may doubt about her pregnancy, and he may say: This pregnancy is not by me, because I divorced her when she was not pregnant; and by saying such words, he will accuse his ex-wife by adultery.
Or the ex-wife may be a profligate, so she will adulterate and be pregnant by someone other than her husband, but the pregnancy will only be obvious after the divorce, and by that she will wrong her ex-husband and he will lose a ‘Nafaqa’ for her child.
So for this reason, God – be glorified – told us: (divorce them when they have reached their cyclical period.)
b i.e. count and ascertain her days of menstrual bleeding, so that if they are two or three days with little blood then it is a non-menstrual bleeding; but if it is seven or six days then it is a menstruation. So by this, you will be certain whether she is pregnant or not pregnant.
c And do not change the manifestations or distort the truths by considering the menstruation a non-menstrual bleeding or vice versa; and do not assert that the pregnant is not pregnant, or decide that the non-pregnant is pregnant; so as to judge according to your own desires and personal advantages.
d It means: The wives have no right to demand divorce, unless both the husband and wife agree on the divorce. And except:
e i.e. clearly confirmed by witnesses, by the eye-witnessing or by her confession – and then the husband is allowed to divorce her;
or if she undresses herself and becomes naked so that a stranger sees her naked without dresses; that is by bathing on the roof of the house and a man of the neighbors sees her or another one sees her whose house is higher than her house, and by doing so, she will have committed the indecency; or she bathes in the sea together with men as do some women do in this time.
The indication of this is His saying – be glorified – in the Quran 7: 28, which means:
(And whenever they commit an indecency [: to be completely naked in the pilgrimage], they say: "We found our fathers practicing it.)
That is because the associaters used to be naked when they performed the pilgrimage.
So by such indecency too, the husband is allowed to divorce her.
While by four witnesses testifying that she committed adultery, the religious punishment will be applied to her, she will not have the Nafaqa due money, neither will she be given what remains of her postponed dowry, nor anything else that she may demand of the husband.
The third way, if she is ‘Nashiz’ who disobeys the order of her husband, he is then allowed to divorce her.
f And will be punished in his life of the World and in his Next Life.
g The meaning: You do not know, it may be your wife’s death appointment has become imminent, and will die following her divorce; so that if you had kept her with you without divorcing her, then you might have inherited her; or she may bore for you a son who will assist you in your elderly, or she may receive some wealth by inheritance and then you will have advantage of her wealth.
Similar to this in meaning is His saying – be glorified – in the Quran 4: 19, which means:
(For if you hate them, it may be that you hate something wherein God may put much good [for you.])
h When they complete the Idda: three months if she is pregnant, and three menses if she is not pregnant; and then the husband may return her back if he wants.
i i.e. to live with them amicably.
j If you insist on parting from them; so in such case you give to the divorced wife its stuffs, Nafaqa (her due expenditure), dresses and dwelling if she is pregnant or suckling your child; but if she is neither pregnant nor suckling, then for her is only the Nafaqa [: the due money] of the Idda period of three months.
k If you are invited to give witness, O witnesses, and do not alter in your witness, what you saw by your own eyes.
l So he should not alter the witness, neither should he forge a lie.
m So that he should not contradict God’s commands.
n i.e. from where he does not imagine, and does not expect.
o Concerning what God prescribes to him, and does not listen to the words of those who forbid him.
p The meaning: God is going to convey the explanation of these ayat to the Mahdi who is one of God’s princes over His creatures.
In other words: God will convey to His Am’r the explanation of these ayat and will acquaint him about the meaning of these ayat; His Am’r is the Mahdi.
This is confirmed by His saying – be glorified – in the Quran 75: 19, which means:
(Then, [after a long period of time] We will explain it [to people.])
i.e. the explanation of the ayat of the Quran that are ambiguous to them.
q And as such has He made a certain time for the advent of the Mahdi.
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