Quran Chapter 2- 237 (Pt-2, Stg-1) (L-308) - درس قرآن
Divorce and appointed portion (Maher)
Surah
‘Al-Baqarah (The Cow) – Chapter – 2)
‘A-‘uu-zu Billaahi minash-Shay-taanir- Rajiim.
(I seek refuge in God from Satan the outcast.)
Bis-Millaahir-Rah-maanir-Rahiim.
(In the name of God, the Beneficent, the Merciful.)
(I seek refuge in God from Satan the outcast.)
Bis-Millaahir-Rah-maanir-Rahiim.
(In the name of God, the Beneficent, the Merciful.)
وَإِن طَلَّقْتُمُوهُنَّ مِن قَبْلِ أَن تَمَسُّوهُنَّ وَقَدْ فَرَضْتُمْ لَهُنَّ فَرِيضَةً فَنِصْفُ مَا فَرَضْتُمْ إِلَّآ أَن يَعْفُونَ أَوْيَعْفُوَا۟ ٱلَّذِى بِيَدِهِۦ عُقْدَةُ ٱلنِّكَاحِ وَأَن تَعْفُوٓا۟ أَقْرَبُ لِلتَّقْوَىٰ وَلَا تَنسَوُا۟ ٱلْفَضْلَ بَيْنَكُمْ إِنَّ ٱللَّهَ بِمَا تَعْمَلُونَ بَصِيرٌ 237
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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.
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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.
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Commentary
Some more commandments
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 matter.
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:
1.
Neither the portion is appointed, nor did husband touch his
wife. In this form, he should pay some reasonable sum to his wife.
2.
The portion was appointed but he did not touch her. Now half of
the appointed portion will be paid by him.
3.
The Portion was appointed and he committed also a sexual
intercourse. Then he will pay complete appointed portion.
4.
The Portion was not appointed but he performed
intercourse. In this case, he would have to pay the similar portion (Maher
Misl).
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