Appointed portion and divorce
Surah ‘Al-Baqarah (The Cow) – Chapter – 2)
Stage – 1, Verses – 236 & 237 of 286, Section – 31 of 40 (Part - 2)
In the name of God, the Beneficent, the Merciful
236. It is no sin for you if ye divorce women while yet ye have not touched them, nor appointed unto them a portion. Provide for them, the rich according to his means, and the straitened according to his means, a fair provision. (This is) a bounden duty for those who do good.
236. Laa junaaha ‘alaykum ‘in tallaqtumun-nisaaa-‘a maa lam tamassuu-hunna ‘aw taf-rizuu lahunna fariizah. Wa matti-‘uu- hunn. ‘Alalmuusi-‘i qadaruhuu wa ‘alalmuqtiri qadaruh. Mataa-‘am-bil-ma’-ruuf. Haq-qan ‘alal-Muhsiniin.
maa lam tamassuu-hunna – (the women to whom) you have not yet touched, it aims ‘not yet having sex’ and ‘not yet performed the act of intercourse’ with the women.
matti-‘uu- hunn – (Provide for them), this word has been derived from mataaa’, that is to say; provide them expenditure and necessities of life. The religious scholars refer it particularly toward dress etc.
It has been commanded in this verse that if the portion (maher) was not appointed at the time of marriage and married without specification, then the portion (maher) will be set after that. However, if the wife has been divorced before touching (before having Sexual intercourse with her) then the portion will not be necessary. But it is compulsory for the husband that he should give something to the woman.
After the divorce, whatever is to be provided to the woman, that will be set according to the means of the husband. If the husband is rich, then he should give her a reasonable amount, and if he is distressed then whatever is in his power, he should pay his divorced wife. It has been urged also by increasing the word bil-ma’-ruuf that they should not be narrowed or troubled by their husbands in paying the provision. Moreover, it should be according to the traditions. Ease of the husband and necessities of the wife should be kept in mind while providing the provision.
In the last, it is told that ‘this is a bounden duty for Muhsiniin’ (those who do good), that every Muslim should behave well with every individual. But in the matter of a woman they should set these things more gracefully.
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237. If ye divorce them before ye have touched them and ye have appointed unto them a portion, then (pay the) half of that which ye appointed, unless they (the women) agree to forgo it, or he agreeth to forgo it in whose hand is the marriage tie. To forgo is nearer to piety. And forget not kindness among yourselves. Surely Allah is Seer of what ye do.
237. Wa ‘in- tallaqtumuu-hunna min- qabli ‘an-tamassuu-hunna wa qad faraztum lahunna farii-zatan- fa-nisfu maa faraz-tum ‘illaaa ‘any-ya’- fuuna ‘aw ya’-fu-wallazii bi-yadihii ‘uqdatun-Nikaah. Wa ‘an-ta’-fuuu ‘aqrabu litaq-waa. Wa laa tansawul-fazla baynakum. ‘Innallaaha bimaa ta’-maluuna Basiir.
Some more orders regarding the divorced woman and payment of her appointed portion have been mentioned in this verse. If the portion (maher) was appointed at the time of marriage tie, and the time of divorce comes before touching the wife, then half of the appointed portion will be paid compulsorily. But the woman herself or the person; in whose hand is the marriage tie, if they excuse entire portion or some part of it, then it is another thing.
After that, it has been described also that if the husband overlooks then it is more reasonable close to piety, because God Almighty bestowed him greatness and authorized him for keeping the marriage tie or to divorce her wife. If the husband doesn’t pay even half of the portion now, and divorces without touching her, then it is not reasonable near God fearing. Any kind of failure didn’t exist from the side of his wife. As though, these became four forms of divorce and portion:
· Neither the portion is appointed, nor did husband touch his wife. In this form, he should pay some reasonable sum to his wife.
· The portion was appointed but he did not touch her. Now half of the appointed portion will be paid by him.
· The Portion was appointed and he committed also a sexual intercourse. Then he will pay complete appointed portion.
· The Portion was not appointed but he performed intercourse. In this case, he would have to pay the similar portion (Maher Misl).