Page 38 Notes

02 Surah Al-Baqarah (continued)

Page 38 Grammar 

Page 38 - Related Hadith/Sunnah

2:234

2:235

2:236

2:237

Translation of the meaning by Sahih International.

Page 38 - Related Hadiths and Sunnah

Page 38 of the Quran contains Surah Al-Baqarah, verses 234 through 237. These verses detail some of the most critical legal frameworks in Islamic family law, specifically addressing the waiting period (Iddah) of a widow, the rules surrounding marriage proposals during this period, and the financial rulings (dowry or Mahr) regarding divorce before consummation.

The Sunnah and various authentic Hadiths provide necessary legal definitions, context, and applications for these specific verses:

1. Surah Al-Baqarah: Verse 234 (The Waiting Period for a Widow)

“And those of you who die and leave wives behind them, they (the wives) shall wait (as regards their marriage) for four months and ten days…”

📌 The Sunnah: The Exception for a Pregnant Widow (The Story of Subai'ah)

While verse 234 sets a general rule of four months and ten days for a widow, a vital Hadith establishes an exception for a widow who is pregnant: her waiting period ends the moment she gives birth, even if it happens days after her husband's death.

• The Hadith: Subai'ah al-Aslamiyyah gave birth a few days after the death of her husband. She prepared herself to receive marriage proposals. A companion named Abu al-Sanabil saw her and said, "Why are you dressed up? Are you hoping to marry? By Allah, you cannot marry until four months and ten days have passed." Subai'ah related: "When he said that, I gathered my clothes in the evening and went to the Messenger of Allah ﷺ and asked him about it. He gave a religious verdict that my waiting period had ended when I gave birth, and he allowed me to marry if I wished."

• Citation: Sahih al-Bukhari, Hadith 5318; Sahih Muslim, Hadith 1484.

📌 The Sunnah: Rules of Mourning (Hidad) During this Period

The Prophet ﷺ explicitly outlined what a woman can and cannot do during these four months and ten days to maintain the sanctity of the Quranic waiting period.

• The Hadith: The Prophet ﷺ said: "It is not lawful for a woman who believes in Allah and the Last Day to mourn for any dead person for more than three days, except for her husband, for whom she should mourn for four months and ten days." * The Rules of Mourning: In related narrations, the Prophet ﷺ specified that during this time, the widow should not wear dyed, bright clothes, use perfume (except a touch after her period ends for hygiene), or wear jewelry.

• Citation: Sahih al-Bukhari, Hadith 5334; Sahih Muslim, Hadith 1486.

2. Surah Al-Baqarah: Verse 235 (Marriage Proposals During Iddah)

“And there is no blame upon you for that to which you [alludingly] hint concerning a proposal to women or for what you conceal within yourselves... But do not make a secret promise to them except as you speak a touching word [i.e., acceptable terms]. And do not determine on the marriage tie until the written period reaches its end...”

📌 The Sunnah: How to Correctly "Hint" a Proposal

The Quran permits making an allusion (hint) of marriage to a widow during her Iddah, but strictly forbids a direct, formal proposal or a secret contract. The Sunnah provides a practical example of how a "hint" is executed.

• The Hadith: When Fatima bint Qays’s husband died, the Prophet ﷺ told her to spend her waiting period at the house of the blind companion, Ibn Umm Maktum (for her safety and privacy). The Prophet ﷺ told her: "When your 'Iddah is over, inform me." Later, when people wanted to propose, the Sunnah shows that companions used permissible, indirect language to express interest without breaking the Quranic boundary.

• The Application: Scholars like Imam Malik in Al-Muwatta cite the practice of the Prophet's companions to define a "hint." For example, a man saying to a widow during her Iddah: "You are beautiful," or "I am desirous of a woman like you," or "I hope Allah provides you with a good husband." Direct words like, "I want to marry you next month," are strictly forbidden until the Iddah concludes.

• Citation: Sahih Muslim, Hadith 1480; Muwatta Imam Malik, Book 28, Hadith 42.

3. Surah Al-Baqarah: Verses 236 - 237 (Divorce Before Consummation & Dowry Rules)

“There is no blame upon you if you divorce women before you have touched them or specified for them an obligation. But give them [a gift of] compensation - the wealthy according to his capability and the poor according to his capability…” (Verse 236) “And if you divorce them before you have touched them and you have already specified for them an obligation, then [give] half of what you specified - unless they forego the right or the one in whose hand is the marriage knot foregoes it…” (Verse 237)

📌 The Sunnah: The Legal Definition of "Touching" (Consummation)

Verse 236 uses the polite Quranic euphemism "touched them" (tamassuhunna) to mean sexual intercourse. The Sunnah and the rulings of the Rightly Guided Caliphs (Khulafa al-Rashidun) quantified what triggers a full dowry versus a half dowry.

• The Sunnah/Athar: The Rightly Guided Caliphs (including Umar, Uthman, and Ali, whose practices constitute a core part of the Sunnah framework) ruled that if a husband and wife are completely alone together in a private room where there is no obstacle to intimacy (Al-Khalwah al-Sahihah), it takes the legal ruling of a consummated marriage. If he divorces her after such privacy, she is entitled to the full dowry. If he divorces her before they have ever been alone together, verse 237 applies, and she receives exactly half.

• Citation: Sunan Al-Kubra by Al-Bayhaqi, Book of Marriage; Musannaf Ibn Abi Shaybah.

📌 The Sunnah: Who holds "the marriage knot" ('Uqdat an-Nikah)?

Verse 237 mentions that half the dowry must be paid unless the woman waives it, or "the one in whose hand is the marriage knot" waives it. There was a slight discussion among the companions on who this phrase referred to—the guardian (Wali) or the husband. The primary Sunnah position leans toward the husband.

• The Hadith: It is narrated from Ali ibn Abi Talib and Ibn Abbas, and raised to the Prophet ﷺ in some chains, that the Prophet ﷺ was asked about "the one in whose hand is the marriage knot," and he replied: "It is the husband."

• Application: Because the husband has the legal power to initiate or dissolve the marriage tie, he holds the "knot." Therefore, if he chooses to be magnanimous, he can "forego" his right to pay just half, and instead gift the divorced woman her entire dowry as an act of kindness and closure.

• Citation: Sunan Al-Daraqutni, Vol 3, p. 301; Tafsir Ibn Kathir (Commentary on Verse 237).