سورة البقرة

Imam Baqir (peace be upon him): "The divorce of the Sunnah" is that the man divorces his wife once, in a state of her purity and without having had intercourse with her, in the presence of two just witnesses; then he leaves her until she completes her waiting period (three courses). So if the woman's waiting period ends, her divorce becomes a final divorce (ba'in) — (a divorce that leads to separation and annulment of the marriage contract) [and the man has no right of return]. He may afterwards propose to that woman again; then if that woman wishes, she may marry him, and if she does not wish, she is not compelled to do so. But if the man wishes to return to his wife, he must bring a witness that he has returned to that woman before the end of the waiting period. In that case, for this man that woman has only one previous divorce [and is two divorces away from becoming thrice-divorced].

Imam Sadiq (peace be upon him) said regarding الطَّلاقُ مَرَّتانِ فَإِمْساکٌ بِمَعْرُوفٍ أَوْ تَسْرِیحٌ بِإِحْسانٍ [Divorce may be (pronounced) twice, then keep (them) in good fellowship or let (them) go with kindness]: [This verse] concerns the third divorce, which is the "divorce of the Sunnah." My father narrated to me from Ismail ibn Mihran (Mirar), from Yunus, from Abdullah ibn Muskan, from Imam Sadiq (peace be upon him), that he said: I asked the Imam about the "divorce of the Sunnah." He said: "It is that a man divorces his wife during a period of purity in which he has not had intercourse with her, in the presence of two just witnesses; then he leaves her until she completes the waiting period ('iddah) of three periods of purity from menstruation. When three periods of purity have passed, the woman is separated from him by one divorce, and it becomes lawful for her to remarry. If her [former] husband proposes to her, the woman has a choice: if she wishes she may marry him, or if she does not wish she need not marry him. If that same man marries her with a new dower, two divorces (out of the three) remain for the man and one has been used up. And if he divorces her once during a period of purity in the presence of witnesses, and then takes her back and has intercourse with her, he must wait until she menstruates and then becomes pure; then in the presence of two witnesses he divorces her again. Then he leaves her until she becomes pure from the third menstruation. If the three periods of purity of the woman pass before the man takes her back, the man has divorced her twice, and the woman may marry whomever she wishes. In this state, that same man may propose to her as one of the suitors, and the woman may marry him if she wishes, or if she does not wish, she need not marry him. But if she accepts and marries him, this marriage is a new marriage with a new dower, and for that man [out of the right of three divorces] one right of divorce remains and two rights of divorce have been used up. And if after this he wishes to divorce her for the third time, returning to her is thereafter forbidden for him, unless the woman marries a man other than him and is also divorced by him, [three times] menstruates and becomes pure, and to establish that she has once been divorced by this [second] man, brings a witness. In this way, marriage to the first man is forbidden for her unless she has married a husband other than him and been divorced."

Imam Rida (peace be upon him): Ali ibn Fadhdhal narrates from his father: I asked Imam Rida (peace be upon him): "What is the reason that when a woman has been divorced three times she is no longer lawful for her husband unless she takes another husband and is divorced by him?" The Imam said: Allah, the Blessed and Exalted, has permitted men to divorce their wives twice, as He has said in the Qur'an: الطَّلاقُ مَرَّتانِ فَإِمْساکٌ بِمَعْرُوفٍ أَوْ تَسْرِیحٌ بِإِحْسانٍ [Divorce may be (pronounced) twice, then keep (them) in good fellowship or let (them) go with kindness] — [what is meant by letting go after two divorces is] the third divorce. And since the man, by proceeding to the third divorce, has done that which Allah the Exalted dislikes — namely divorcing three times — Allah has made the divorced woman forbidden to him, and this woman is not lawful for him unless she marries [another husband and, after being divorced by the second husband, remarries the first]. This ruling is so that people do not treat divorce as a trivial matter and, by resorting to it, cause harm to women.

Imam Sadiq (peace be upon him): The woman who is not lawful for her husband except after she marries another man is the woman who is divorced, then returned to, then divorced again, then returned to, then divorced for the third time. [In this case], she becomes lawful for her husband only on the condition that she marries another. Allah the Mighty and Majestic says: الطَّلاقُ مَرَّتانِ [Divorce may be pronounced twice] ... .

Imam Rida (peace be upon him): The Imam (peace be upon him), in reply to the questions of Muhammad ibn Sinan, wrote: "The secret behind three divorces being legislated is that between the first and third divorce there is a period of respite; perhaps during that interval a liking and inclination will arise in the man and he will turn away from separation, or his anger will subside and be removed and he will resume life with his wife again. And its other secret is that by this means the woman is disciplined and keeps away from disobedience toward her husband."

Imam Sadiq (peace be upon him): Halabi said: I asked about a man who divorced his wife once, then left her until the period of her iddah passed and the woman married another man; then that man died or divorced her — "Is it possible for the first man to return to her?" He said: That woman is [eligible to marry] that man [again, and] she still has the right of two more divorces [until she becomes thrice divorced].

Imam Sadiq (peace be upon him): [In a letter they asked the Imam:] "A man who divorces his wife in accordance with the Book and the Sunnah — one divorce is counted for him. Then that woman marries another man, and that man dies or divorces her. If the first man returns to his wife, the right of two divorces is preserved for him and one right of divorce [out of the three rights of divorce] has passed." The Imam wrote in his own handwriting: "They have spoken correctly!" Then they asked: some of them have narrated that "[in this case, the right of] three divorces is preserved for him, and the divorce that he had previously given is not counted [as one of the three rights of divorce], because the woman has married another man." The Imam wrote in his own hand: "No, [that is wrong]!"

Imam Sadiq (peace be upon him): Samaʿah said: I asked the Imam: "Which woman is she who does not become lawful for her husband until she marries a man other than her husband [in a permanent marriage]?" The Imam replied: She is the woman whose husband divorces her, then returns to her; then divorces her, then returns to her; then divorces her for the third time. In this case, this woman does not become lawful for her husband until she marries a man other than her husband [in a permanent marriage], and tastes the sweetness of intercourse with that man, and that man too tastes the sweetness of intimacy with that woman. And this is the very word of Allah, who said: الطَّلاَقُ مَرَّتَانِ [Divorce may be pronounced twice].

Ali ibn Ibrahim (may Allah have mercy on him): The firm covenant that Allah stipulated men must observe regarding women is this: فَإِمْساکٌ بِمَعْرُوفٍ أَوْ تَسْرِیحٌ بِإِحْسانٍ [then keep (them) in good fellowship or let (them) go with kindness].

Imam Baqir (peace be upon him): When a man marries a woman, he acknowledges the covenant which Allah has taken: فَإِمْسَاکٌ بِمَعْرُوفٍ أَوْ تَسْرِیحٌ بِإِحْسَانٍ [then keep (them) in good fellowship or let (them) go with kindness].

Imam Sadiq (peace be upon him): [The Imam (peace be upon him) was asked] about the ruling on a man who said to another: "Propose to that woman for me with whatever amount of dowry you set, or any condition or guarantee you find necessary to lay down — I consent to it." And no one witnessed this conversation. So the man went and proposed and accepted the dowry and all the conditions and demands of them (the woman's family). And when he returned to the man, he denied all of it. The Imam (peace be upon him) said: He must pay half the woman's dowry on his behalf, for he is the one who wasted her right. So if no one bears witness to what that man told the woman, then marriage is permissible for the woman, and this marriage is forbidden for the first man on account of what took place between him and Allah the Mighty and Majestic — unless the woman is divorced. For Allah the Exalted says: فَإِمْساکٌ بِمَعْرُوفٍ أَوْ تَسْرِیحٌ بِإِحْسانٍ [then keep (them) in good fellowship or let (them) go with kindness], and if he does not do so, he is sinful with regard to what has taken place between him and Allah. And this clear ruling is the ruling of Islam, and indeed Allah has permitted the woman to marry.

Imam Rida (peace be upon him): [A man asked:] Allah says in His Book: "فَإِمْسَاکٌ بِمَعْرُوفٍ أَوْ تَسْرِیحٌ بِإِحْسَانٍ [then keep (them) in good fellowship or let (them) go with kindness] — what does this mean?" The Imam replied: As for إِمْسَاکٌ بِمَعْرُوفٍ, it means that he refrain from harming his wife and give her maintenance without reproach and without demanding anything from her; and as for تَسْرِیحٌ بِإِحْسَانٍ, it means that he divorce her in accordance with what has been revealed in the Qur'an.

Imam Baqir (peace be upon him): The meaning of tasrih bi-ihsan (letting go with kindness) is the third divorce.

Imam Sadiq (peace be upon him): فَإِمْساکٌ بِمَعْرُوفٍ أَوْ تَسْرِیحٌ بِإِحْسانٍ [so keep (them) in good fellowship or let (them) go with kindness] means that he releases the woman with the third divorce.

Imam Baqir (peace be upon him): A man and a woman must not take back something which they have willingly given to one another, whether it has come into the other's possession or not. Does Allah not say: أَنْ تَأْخُذُوا مِمَّا آتَیْتُمُوهُنَّ شَیْئاً [that you take any part of what you have given them]? And regarding the dowry and the gift He said: If they willingly give up to you any part of it, then consume it with pleasant enjoyment. (al-Nisa/4)

Imam Baqir (peace be upon him): It is not fitting for someone who has given something to Allah to take it back, and if someone has not given something for Allah or in the way of Allah, he may take it back — whether it is a gift or a donation, and whether that property has come into possession or not. However, a man has no right to take back what he has given to his wife as a gift, nor does a woman have the right to take back what she has given to her husband as a gift — whether that property has come into possession or not. Does Allah not say: وَلاَ یحِلُّ لَکُمْ أَن تَأْخُذُواْ مِمَّا آتَیتُمُوهنَّ شَیئًا [and it is not lawful for you to take any part of what you have given them]? Likewise, His Excellency recited this verse: If they willingly give up to you any part of it, then consume it with pleasant enjoyment. (al-Nisa/4)

Imam Sadiq (peace be upon him): The dowry was among the rulings that came into being [with the advent of Islam] [and did not exist before that]; rather, in the time of the Messenger of Allah (peace be upon him and his family) people used to give money to a woman as a gift and donation. And it was not fitting for one who has given something to Allah the Mighty and Majestic to take it back. What is taken back is that which is not given for Allah and in the way of Allah — whether dowry or gift, whether willingly or under compulsion. A man and a woman must not take back what they have given to each other, whether willingly or under compulsion. Does Allah not say: ولا تَأْخُذُوا مِمَّا آتَیْتُمُوهُنَّ شَیْئاً [do not take any part of what you have given them]? And regarding the dowry and the gift He said: فَإِنْ طِبْنَ لَکُمْ عَنْ شَیْءٍ مِنْهُ نَفْساً فَکُلُوهُ هَنِیئاً مَرِیئاً [But if they willingly give up to you any part of it, then consume it with pleasant enjoyment]. (al-Nisa/4)

Imam Sadiq (peace be upon him): I asked him about a woman who has been given khul divorce: "How is her divorce?" The Imam (peace be upon him) said: The woman's divorce is not valid unless [that woman] says: "By Allah! I will not treat you well, and I will not comply with your wish nor obey your commands, and I will surely abandon your bed and I will enter upon you without your permission." So if the woman utters those words, her divorce by way of khul becomes lawful for the man, and it is permissible for the man to take back the dowry he has given her and anything else [like the dowry] he has given the woman. And this is the meaning of Allah's saying: there is no blame on them for what she gives up as ransom [to obtain divorce]. If the man does this [and takes back that property], with this divorce he is separated from that woman, and the woman [leaves the man's ownership and] is in charge of herself; if she wishes she may marry that man again, and if she does not wish, she may refuse. But if she accepts, that man [after marriage] has the right to divorce her again [out of the three divorces].

Imam Sadiq (peace be upon him): When a wife says to her husband, "I will not obey your command nor answer your wish; I will not perform ghusl (ritual bath) after janabah (major ritual impurity); I will abandon your bed and enter upon you without your permission," or she says anything, at length or in brief, that indicates the wife's defiance against her husband; or she says, "I will not observe the limits of Allah concerning you," then the man may take the mahr (dower) and any other gift or grant that both agree upon, and divorce her. This kind of divorce, khul' (divorce at the wife's instance), is a ba'in (irrevocable) divorce, and the man cannot return to the wife except by contracting another marriage with mutual consent. So return in the other kinds of divorce is permitted for the man. And that is the word of Allah the Mighty and Majestic: وَ لا یَحِلُّ لَکُمْ أَنْ تَأْخُذُوا مِمَّا آتَیْتُمُوهُنَّ شَیْئاً إِلَّا أَنْ یَخافا أَلَّا یُقِیما حُدُودَ اللهِ فَإِنْ خِفْتُمْ أَلَّا یُقِیما حُدُودَ اللهِ فَلا جُناحَ عَلَیْهِما فِیمَا افْتَدَتْ بِهِ [And it is not lawful for you to take any part of what you have given them, unless both fear that they cannot keep within the limits of Allah; then if you fear that they cannot keep within the limits of Allah, there is no blame on them for what she gives up to become free thereby].

Imam Sadiq (peace be upon him): Khul' divorce is only when the wife says to her husband, "I will not honour any oath in your favour; I will go out [of the house] without your permission; I will let other men into your bed; and I will not perform ghusl (ritual bath) after janabah (major ritual impurity) for you." Or the wife says to her husband, "I will not follow your commands — so divorce me." So if the wife says such a thing, it is lawful for the man to take from her all the wealth he had given her [as a gift], as well as the wealth she was to give him from her own property. And if both consent to the divorce, the man may divorce her in a state of purity and in the presence of witnesses, and she is separated from him — and this divorce counts as one divorce [of the three permissible divorces]. The man may then propose to her [for remarriage]; if she wishes she may marry him again, otherwise she does not marry him. If the man marries her, he may only divorce her two more times. And it is fitting that the man impose upon his wife the same condition that the man imposes in "mubarat divorce" — that is, he says, "If [you wish] to take back the wealth you gave me, I become the owner of your furuj (i.e., I return to you)." The Imam said: "Khul' divorce," "mubarat divorce" and "takhyir divorce" (i.e., that the wife be given the choice between being divorced or remaining with the intention of divorce) are only possible in a state of the wife's purity, without the man having had intercourse with her, and in the presence of two just witnesses. A woman who has been separated from her husband by khul' divorce — if she marries another man and then that man divorces her — it is lawful for her first husband to marry her. The husband cannot return to his wife who has been separated from him by khul' or mubarat divorce, unless the wife herself first wishes to take back the wealth she had given, and the man returns the wealth he had taken from her [in which case the man may return to her].

Imam Baqir (peace be upon him): If the wife says this sentence to her husband, "I will not follow your commands" — whether she explains this statement or says it in ambiguous form — it becomes lawful for the man to take the wealth [including the mahr or gifts given to the wife] from her, and the man [after divorce and taking back that wealth] has no right of return to that woman.

Imam Ali (peace be upon him) said regarding فِیمَا افْتَدَتْ بِهِ [for what she gives up to become free thereby]: [in khul' divorce, the man may] take back other things [such as gifts he gave to the woman] in addition to the dowry; and he said: he may take back less than the amount of the dowry; and it has also been said that he may take back only the dowry.

Imam Baqir (peace be upon him): Allah became angry with the adulterer and appointed for him the punishment of one hundred lashes. So whoever becomes angry with the adulterer and strikes him more than one hundred lashes, I dissociate from him before Allah and declare my innocence of him. The verse تِلْکَ حُدُودُ الله فَلاَ تَعْتَدُوها [These are the limits of Allah, so do not exceed them] has this same meaning.

The Prophet (peace be upon him and his family): At times a person performs the deeds befitting the people of Paradise for seventy years, [but in the end] commits injustice in his will, [and as a result] his record is sealed with deeds like those of the people of Hell; and at times a person who has performed the deeds of the people of Hell for seventy years observes justice in his will, and [as a result] his record is sealed with the deeds of the people of Paradise. وَ مَنْ یَتَعَدَّ حُدُودَ اللهِ [And whoever exceeds the limits of Allah] — the will is among the limits of Allah.

Imam Sadiq (peace be upon him): Allah has set limits for the ordinances [of His religion] so that no one may transgress them. If what they (our opponents) say were correct — that "people, because they are ignorant and do not know the limits of what has been set for them, are excused [and free of blame]" — then in that case one who has been negligent and has transgressed the limits of Allah would also be excused. [But it is not so;] rather Allah has fixed and delimited the limits of His rulings so that anyone who transgresses them is a polytheist and a disbeliever. And in this verse He says: تِلْکَ حُدُودُ اللهِ فَلا تَعْتَدُوها وَ مَنْ یَتَعَدَّ حُدُودَ اللهِ فَأُولئِکَ هُمُ الظَّالِمُون [These are the limits of Allah, so do not exceed them, and whoever exceeds the limits of Allah, these it is that are the unjust].