Page 37 Notes

02 Surah Al-Baqarah (continued)

Page 37 Grammar 

Page 37 - Related Hadith/Sunnah

2:231

2:232

2:233

Translation of the meaning by Sahih International.

Page 37 - Related Hadiths and Sunnah

Page 37 of the Quran contains Surah Al-Baqarah, verses 231 through 233. These landmark verses outline foundational Islamic family laws regarding the ethics of divorce (Talaq), the rights of women during and after the waiting period (Iddah), the impermissibility of coercive marriages, and the regulations regarding child breastfeeding (Radha'ah).

The Prophet Muhammad ﷺ provided specific context, commentary, and practical applications (Sunnah) for these exact verses:

1. Surah Al-Baqarah: Verse 231 (Prohibition of Harming the Wife)

“And when you divorce women and they have [nearly] fulfilled their term, either retain them according to acceptable terms or release them according to acceptable terms, and do not keep them, intending harm, to transgress...”

📌 The Sunnah: "No Harm and No Counter-Harm"

Before Islam, a common practice among men was to divorce their wives, wait until the Iddah (waiting period) was almost over, and then take them back (Ruju') solely to prolong their waiting period and inflict emotional or physical misery. Verse 231 banned this manipulation.

To give this verse universal legal authority, the Prophet Muhammad ﷺ established one of the five grand maxims of Islamic jurisprudence:

• The Hadith: The Prophet ﷺ said: "There should be neither harming nor reciprocating harm (La dharara wa la dhirar)." (Narrated in Sunan Ibn Majah, Muwatta Imam Malik, and Musnad Ahmad).

• Application: Islamic jurists rely heavily on this Hadith alongside Verse 231 to mandate that a marriage cannot be maintained if it causes continuous harm (Darar) to the woman, justifying judicial dissolution (Fasakh) if the husband refuses to let her go kindly.

2. Surah Al-Baqarah: Verse 232 (The Right of a Divorced Woman to Re-marry)

“And when you divorce women and they have fulfilled their term, do not prevent them from remarrying their [former] husbands if they agree among themselves on an acceptable basis…”

📌 The Sunnah: The Story of Ma’qil bin Yasar (Asbab al-Nuzul)

This verse has a highly specific and rigorously authentic Asbab al-Nuzul (reason for revelation) recorded in Sahih al-Bukhari. It acts as the primary evidence regarding the role of a marriage guardian (Wali).

• The Hadith: Ma’qil bin Yasar (may Allah be pleased with him) narrated that he married his sister to a man. The man later divorced her, let her Iddah expire, and then regretted it and came back to ask for her hand in marriage again. The sister wanted to go back to him, but Ma’qil’s pride was wounded. He told the man, "I honored you by marrying her to you, and you divorced her! By Allah, she will never return to you!" Allah then revealed verse 232 ("do not prevent them from remarrying..."). Upon hearing the verse, Ma'qil immediately repented, expiated his oath, and married her back to the man.

• Citation: Sahih al-Bukhari, Book of Auspicious Rallies / Tafsir, Hadith 4529.

• Legal Legacy: This event forms a cornerstone in Islamic jurisprudence. Scholars like Imam Al-Shafi'i used Ma'qil's authority in this Hadith to prove that a Wali (guardian) is required for a valid marriage contract (since Allah addressed the guardians directly telling them not to block the marriage). Conversely, it highlights that a guardian cannot act arbitrarily or tyrannically against the woman’s clear wishes.

3. Surah Al-Baqarah: Verse 233 (Breastfeeding and Financial Rights)

“Mothers may breastfeed their children two complete years for whoever wishes to complete the nursing [period]. Upon the father is the mothers' provision and their clothing according to what is acceptable…”

📌 The Sunnah: Breastmilk Establishes Lineage (Mahram Status)

Verse 233 notes that two full years is the maximum standard for completed breastfeeding. The Sunnah expands heavily on this, clarifying how breastfeeding establishes "milk-kinship," making the foster-mother a permanent Mahram (prohibited for marriage).

• The Hadith: The Prophet ﷺ stated: "Breastfeeding restricts what blood relations restrict." (Narrated in Sahih al-Bukhari and Sahih Muslim). This means a child who is nursed by a woman becomes a sibling to her children and a child to her.

• The "Two-Year" Condition: The Prophet’s wife, Aisha (may Allah be pleased with her), and other companions noted that this dynamic only applies if the breastfeeding takes place during infancy. The Prophet ﷺ said: "Breastfeeding is only valid if it is from hunger (i.e., when milk is the infant's primary sustenance)." (Sahih al-Bukhari).

📌 The Sunnah: The Husband's Mandatory Financial Maintenance

Verse 233 explicitly mandates that the child's father must provide food and clothing for the nursing mother (even if they are divorced). The Prophet's Sunnah meticulously enforced this rule to ensure that financial neglect is a sin.

• The Hadith: In his famous Farewell Sermon (Khutbah al-Wada), the Prophet ﷺ summarized the rights of women regarding maintenance, echoing this verse: "Fear Allah concerning women... It is their right upon you that you provide their food and clothing according to what is reasonable." (Sahih Muslim, Hadith 1218).