Surah 65. At-Talaq, Ayah 1

According to Ibn 'Abbas (as quoted by Razi) and several other authorities (see Ibn Kathir), this is an allusion to the possibility of reconciliation and, hence, a resumption of marital relations before the divorce becomes final (see surah {2}, second part of verse {228} and first paragraph of {229}).

See 2:228 and the corresponding notes, especially note [215]. - Most of the great jurists hold the view that the required three pronouncements of divorce, which make it final and irrevocable (cf. first paragraph of 2:229 , must be made singly, i.e., spaced over the waiting-period of three months, so as to give the husband time to reconsider his intention, and thus to prevent a hasty act which might be subsequently regretted. This provision is in tune with the well-authenticated saying of the Prophet, "In the sight of God, the most hateful of all things allowed (abghad al-halali) is divorce" (Abu Da'ud, on the authority of 'Abd Allah ibn 'Umar). In other words, divorce is just barely permissible, and must not be resorted to unless it is absolutely evident that nothing can save the marriage from utter hopelessness.

I.e. during the waiting-period. As shown in verse {6} below, during that period the husband is fully responsible for the maintenance of the wife whom he is divorcing in accordance with the standard of living observed during their married life.

E.g., by their husbands' failure to provide for their maintenance. (This particular injunction does not imply a prohibition of a divorced woman's leaving her home of her own free will.)

Implying that in such a case she may be lawfully turned out of her marital home. Regarding the term fahishah ("immoral conduct"), see surah {4}, note [14].

 Meaning, when a husband intends to divorce his wife—after the consummation of marriage—he should divorce her outside her monthly cycle, provided that he has not touched her after her period. This makes it easy for the wife to observe her ’iddah (waiting period for around three months, see 65:4). Otherwise, things will be complicated for her. For example, if divorce happens after sexual intercourse, she might get pregnant, which delays the end of ’iddah until the end of her pregnancy. If divorce happens during a monthly cycle, scholars are in disagreement as to whether the divorce counts or not. If it does not, she has to wait until her menstruation is over to see if her husband still wants to divorce her.

 Perhaps the husband who has divorced his wife may change his mind and restore the marriage before the end of her waiting period (after the first or second count of revocable divorce).

As Islam treats the married woman as a full juristic personality in every sense of the term a married woman has a right, in the married state, to a house or apartment of her own. And a house or apartment implies the reasonable expenses for its upkeep and for her own and her children's maintenance. And this is obligatory not only in the married state, but during the 'iddat, which is necessarily a most trying period for the woman. During this period she must not only not be turned out, but it is not decent for her to leave of her own accord, lest the chances of reconciliation should be diminished: see the next note.

A reconciliation is possible, and is indeed recommended at every stage. The first serious difference between the parties are to be submitted to a family council on which both sides are represented (iv. 35); divorce is not to be pronounced when mutual physical attraction is at an ebb (n. 5506); when it is pronounced, there should be a period of probationary waiting: dower has to be paid and due provision has to be made for many things on equitable terms; every facility has to be given for reconciliation till the last moment, and impediments are provided against hasty impulses leading to rupture. "Thou knowest not if perchance Allah will bring about thereafter some new situation."

Note that in the first instance the Prophet is himself addressed individually, as the Teacher and representative of the Community. Then the actual directions: "when ye...." are addressed to the Community collectively.

"Of all things permitted by law, Divorce is the most hateful in the sight of Allah"; see Introduction to this Sura. The general directions and limitations of Divorce may be studied in ii. 228-232, 236-237, 241, and notes; also iv. 35.

'Iddat, as a technical term in divorce law, is explained in n. 254 to ii. 228. Its general meaning is "a prescribed period": in that general sense it is used in ii. 185 for a prescribed period for fasting.

The prescribed period (see last note) is in the interests of the wife, of the husband, of an unborn child (if there is any), and of sex laws in nature, and therefore the elementary dictates of refined human society. In English Law the six months interval between the decree nisi and the decree absolute in divorce attains the same purpose in a round-about way. The Commentators suggest that the divorce should not be pronounced during the courses. Read with ii. 222, this implies that any incipient differences between husband and wife should not be forced to an issue at a time when sex is least attractive and almost repulsive. Everything should be done to strengthen the social and spiritual aspects of marriage and keep down stray impulses of animal instinct. The parties are to think seriously in a mood of piety, keeping the fear of Allah in their minds.