Quran Garden

Session 255

Chapter 2

Verse 236

You will not be blamed if you divorce women when you have not yet consummated the marriage or fixed a bride-gift for them, but make fair provision for them, the rich according to his means and the poor according to his – a provision according to customary and honourable practices - this is a duty for those who do good. (Chapter 2: Verse 236)

In the previous verses, we discussed matters related to married and widowed women.  But what if a situation arises where a husband divorces his wife before the couple consummates the marriage? In this verse, Allah addresses such a situation. 

First, we have to see if the couple had agreed upon dowry because divorce before consummation has two rulings: one for when the dowry was agreed upon, and one for when it was not agreed upon.  In fact, from this verse we learn that agreeing upon dowry is not a requirement for a marriage contract.  When a dowry is not specified, the marriage contract automatically assumes what is known as the customary dowry –Mahru Al Mithl-.    

The phrase: “when you have not yet consummated the marriage” is translated from the Arabic origin ‘Tamasoohun’ from the root ‘Mas.’   Let’s take a few moments to study this word. 

There are three Arabic words related to this matter:  ‘Mas’ which is the word used in the verse, ‘Lams’ and then ‘Mulamasa.’  Let’s take them one by one: ‘Mas’ is to touch something briefly where you do not become fully aware of it.  In other words, you cannot tell if it is soft or hard, cold or warm and so on.  As for ‘Lams’, it is when you touch something and get a clear sense of what it is.  Finally, ‘Mulamasa’ is when two things touch, interact or interlock for a period of time.  So these three words give us three distinct stages of familiarity: first is ‘Mas,’ second is ‘Lams’ and the third is ‘Mulamasa.’  

In the verse under study, we understand that the intended meaning of the word ‘Mas’ is sexual intercourse.  Why, you may ask? ‘Mas’ after all is the act of briefly and lightly touching something where you do not get a true sense of it!  We answer that we take the word ‘Mas’ to mean sexual intercourse because it has been used in another verse to reflect the same meaning.  God narrates to us the words of Virgin Mary:

She said, ‘How can I have a son when no man has touched me, and I am not an unchaste woman?’ (19:20)

The Quran explains through the dialogue of Mary that no one has touched her in a way that will make her pregnant.  The expression –again using the word Mas- is very precise because Allah wants to relay to us that Mary did not have any relations with a man that could lead to pregnancy.  Allah used the lightest of words to protect Mary’s chastity against even the slightest suspicion.  Similarly, in the verse under study, God expresses the meaning of sexual intercourse by hinting and using the most courteous of words. 

The verse continues: “You will not be blamed if you divorce women when you have not yet consummated the marriage or fixed a bride-gift for them” indicating that there will be no blame upon a couple if they divorce before having sexual intercourse whether the dowry was specified or not.  Take note that Allah used the conjunction “if” expressing possibility and doubt rather than using the conjunction “when” that expresses inevitability; as if God does not want you to take the matter lightly and resort to divorce easily.  The Prophet (peace be upon him) said: "Among lawful things, divorce is most hated by Allah."

God continues: “but make fair provision for them, the rich according to his means and the poor according to his – a provision according to customary and honorable practices.“  If the divorce occurs before consummating the marriage and a dowry had not been set, then the man should give the woman what he can as a gift.  The scholars said that the money due to the woman, or the value of the gift, should be half of what is customarily given to similar brides as dowry.  Why? Because if a dowry had been set and divorce occurs before consummation, then the woman is supposed to receive half her dowry.  The scholars argued likewise: if a dowry had not been set, then the man should research what brides in the same community customarily receive, and give his ex-wife a gift worth half that amount.  This is called ‘an equivalent dowry’ or ‘Mahru Al Mithl.’  God says: "the rich according to his means and the poor according to his – a provision according to customary and honorable practices.“  

Keep in mind that when Allah commands the payment of half the equivalent dowry, the enforcement of such command does not only fall on the divorcing husband; it is the responsibility of the community.  How, you may ask? We answer if the man who recently divorced his wife refuses to pay, or he spends far less than the required amount, then his family and the community should stand up for the woman’s rights and ensure that proper payment is made.  If you read the Arabic text of this verse, you will find that Allah –the All-Wise- had issued the command to ‘make fair provision’ in the plural form –rather than the masculine singular-indicating that the responsibility is shared among all members of the family.