سورة النساء

Imam Rida (peace be upon him): [The cause of] separation can come from either the woman or the man, as Allah said: وَ إِنْ خِفْتُمْ شِقاقَ بَیْنِهِما فَابْعَثُوا حَکَماً مِنْ أَهْلِهِ وَ حَکَماً مِنْ أَهْلِها [And if you fear a breach between the two, then appoint a judge from his people and a judge from her people]. So the man chooses one person and the woman also chooses one person, and then they gather [and discuss] and either reach the conclusion that they should separate, or that they should reconcile. If the decision of those two [arbiters] is reconciliation, there is no need to consult the wife and husband; but if they decide upon separation, they must first consult the couple.

Imam Baqir (peace be upon him): If the woman is disagreeable toward the man, it becomes khul' — that is, she must give money so that the man divorces her. So the man may take from her whatever he can. And if the man is disagreeable at the same time as the woman's nushuz (rebellion), that is shiqaq (separation).

Imam Kazim (peace be upon him): Ali ibn Hamza said: I asked Imam Kazim (peace be upon him) about the verse: وَ إِنْ خِفْتُمْ شِقَاقَ بَیْنِهِمَا فَابْعثُواْ حَکَمًا مِّنْ أَهْلِهِ وَ حَکَمًا مِّنْ أَهْلِهَا [And if you fear a breach between the two, then appoint a judge from his people and a judge from her people]. He said: "Its condition is that there be two arbiters, so that if they wish, they may separate them and grant divorce, and if they wish, they may unite them; whether they separate or unite them, both actions are permissible."

Imam Sadiq (peace be upon him): Abu Basir narrates that Imam Sadiq (peace be upon him) said concerning the verse: فَابْعثُواْ حَکَمًا مِّنْ أَهْلِهِ وَ حَکَمًا مِّنْ أَهْلِهَا [Then appoint a judge from his people and a judge from her people]: "Its condition is that there be two arbiters, so that if they wish they may separate them, and if they wish they may unite them; in that case, if they separate them it is permissible, and if they unite them it is [also] permissible."

Imam Ali (peace be upon him): فَابْعَثُوا حَکَماً مِنْ أَهْلِهِ وَ حَکَماً مِنْ أَهْلِها [Then appoint a judge from his people and a judge from her people]; those two [arbiters] have no right to issue a ruling unless they consult with the wife and the husband and stipulate this condition: that if the wife and husband wish, they may continue their life together, and if they wish, they may divorce and separate.

Imam Baqir (peace be upon him): Muhammad ibn Muslim said: I asked Imam Baqir (peace be upon him) about the verse: فَابْعثُواْ حَکَمًا مِّنْ أَهْلِهِ وَ حَکَمًا مِّنْ أَهْلِهَا [Then appoint a judge from his people and a judge from her people]. He said: "The arbiters cannot separate them until they have obtained permission from the wife and the husband."

Imam Baqir (peace be upon him): Muhammad ibn Muslim said: I asked Imam Baqir (peace be upon him) about the verse: فابعثوا حکماً مِن أهلِهِ وَ حَکَماً مِن أهلِهَا [Then appoint a judge from his people and a judge from her people]. He said: "The two arbiters cannot separate the couple without their permission."

Imam Sadiq (peace be upon him): Halabi said: I asked Imam Sadiq (peace be upon him) about the verse: فَابْعثُواْ حَکَمًا مِّنْ أَهْلِهِ وَ حَکَمًا مِّنْ أَهْلِهَا [Then appoint a judge from his people and a judge from her people]. He said: "The arbiters cannot separate them until they have obtained permission from the husband and the wife, and they must stipulate a condition with them: that if they wish, they will unite them, and if they wish, they will separate them. In that case, if they separate them, it is permissible, and if they unite them, that too is permissible."

Imam Sadiq (peace be upon him): Samaʿa said: I asked Imam Sadiq (peace be upon him) about the verse: فَابْعثُواْ حَکَمًا مِّنْ أَهْلِهِ وَ حَکَمًا مِّنْ أَهْلِهَا [Then appoint a judge from his people and a judge from her people]: "In your view, if the two arbiters obtain permission from the wife and the husband and say to them: 'Do you entrust your affair to us regarding reconciliation and separation?' and the husband and wife say: 'Yes,' and the arbiters appoint witnesses over them for that — in that case, is it permissible for them to separate them?" He said: "Yes, but only on condition that the woman is in a state of purity and the husband has not had intercourse with her." It was said to the Imam: "In your view, what if one of the two arbiters says: 'I have separated them,' and the other arbiter says: 'I have not separated them' — how is that?" He said: "They are not separated unless both agree on the separation; and if they agree on the separation, then separating the wife and husband becomes permissible."

Ali ibn Ibrahim (may Allah have mercy on him): وَ إِنْ خِفْتُمْ شِقاقَ بَیْنِهِما فَابْعَثُوا حَکَماً مِنْ أَهْلِهِ وَ حَکَماً مِنْ أَهْلِها [And if you fear a breach between the two, then appoint a judge from his people and a judge from her people]; whatever ruling the two judges give is valid. Allah says: إِنْ یُرِیدا إِصْلاحاً یُوَفِّقِ اللهُ بَیْنَهُما [If they both desire agreement, Allah will effect harmony between them] — meaning, if the two judges are just, the woman's judge goes to her and says to her: 'Tell me what is in your heart? I do not want to make any decision without your knowledge.' Then if the nushuz (marital defiance) is from the woman's side, she says to her judge: 'Give my husband whatever he wants of my property and separate me from him.' And if the nushuz is not from the woman's side, she says: 'I put you under oath not to separate us, but obtain a larger maintenance for me, for he treats me badly.' The man's judge also goes in private with him and says: 'Inform me of what is within you, for I do not wish to make any decision against your wish.' Then if the nushuz is from his side, he says: 'Take from her for me whatever you can and separate us, for I have no need of her.' And if the nushuz is not from his side, he says: 'I put you under oath by Allah not to separate us, for she is the most beloved of people to me — satisfy her with whatever amount of my property you wish.' Then the two judges meet, each of them being aware of what his party has confided to him, and each of the two judges takes from the other the covenant of Allah and His pledge that 'you shall be truthful with me and I shall be truthful with you,' and that is when Allah wishes to bring about agreement between them. So when they have done this and each has spoken to the other openly, plainly and clearly with what has been confided to him, they come to know from whose side the nushuz is. If the woman is the nashizah (the defiant one), they say to her: 'You are the enemy of Allah and the nashizah, and you are disobedient to your husband, and you have no right of maintenance from him, and no honour is due to you, and he is more worthy that he should remain displeased with you forever, unless you return to the command of Allah.' And if the man is the nashiz, they say to him: 'O enemy of Allah, you have disobeyed Allah and you bear hatred toward your wife! Her maintenance is upon you, you shall not take her into any house nor shall you see her face ever, unless you return to the command of Allah the Mighty and Majestic and His Book.'

Ali ibn Ibrahim (may Allah have mercy on him): A man and a woman in this situation came to Ali ibn Abi Talib (peace be upon him). The Imam sent for a judge from the man's family and a judge from the woman's family, and said to the two judges: "Do you know what judgement you are giving? Judge! If you wish, you may separate them, and if you wish, you may reconcile them." The husband said: "I am not content with the ruling of separation, and I will not divorce my wife." The Imam made it obligatory upon him to maintain the wife's nafaqah (maintenance) and forbade him from entering upon her, and if the husband dies in this state, the wife inherits from him. And if the wife accepts the ruling of the two judges concerning the man but the husband does not accept, then if the wife dies, the man does not inherit from her. And if the man accepts and the woman does not accept, it is likewise: the woman is entitled to no nafaqah, and if the man dies she does not inherit from him, and if the woman dies the man inherits from her, until the woman submits to the ruling of the two judges.

Imam Ali (peace be upon him): The two arbitrators, if they intend reconciliation, are in the standing of two agents (wakils).

Ibn Abbas (may Allah have mercy on him): يُوَفِّقِ اللهُ بَیْنَهُما [Allah will bring about harmony between them] — that is, Allah aids them and grants them the tawfiq to rule according to what is in the best interest of the couple; and the pronoun in the word بَیْنَهُما refers to the two arbitrators.

Imam Baqir (peace be upon him): It is narrated that Nafi ibn al-Azraq came to Imam Baqir (peace be upon him) and sat before him and asked him about matters of the lawful and the unlawful. In the course of his words, that Imam said to Nafi: "Say to these Mariqah (the Khawarij): how did you deem it permissible to separate from Amir al-Mu'minin (peace be upon him), when — in the light of obeying him and drawing near to Allah by aiding him — you had [before the affair of the two arbitrators] shed your own blood at his stirrup?" Then, in reply to you, they will say: "[Their objection is that] he made an arbitrator judge in the religion of Allah [and acted upon the view of the two arbitrators]." So say to them: Allah Himself, in the sacred law of His Prophet, entrusted arbitration to two men from among His servants, where He [regarding the dispute between a wife and husband] said: فَابْعَثُوا حَکَماً مِنْ أَهْلِهِ وَ حَکَماً مِنْ أَهْلِها إِنْ یُرِیدا إِصْلاحاً یُوَفِّقِ اللهُ بَیْنَهُما [then appoint an arbitrator from his people and an arbitrator from her people; if they both desire reconciliation, Allah will bring about harmony between them].