The Prohibition of swearing to abandon a Good Deed
Allah commands, `You should not implement your vows in Allah's Name to refrain from pious acts and severing the relations with the relatives, if you swear to abandon such causes.' Allah said in another Ayah:
[وَلاَ يَأْتَلِ أُوْلُواْ الْفَضْلِ مِنكُمْ وَالسَّعَةِ أَن يُؤْتُواْ أُوْلِى الْقُرْبَى وَالْمَسَـكِينَ وَالْمُهَـجِرِينَ فِى سَبِيلِ اللَّهِ وَلْيَعْفُواْ وَلْيَصْفَحُواْ أَلاَ تُحِبُّونَ أَن يَغْفِرَ اللَّهُ لَكُمْ]
(And let not those among you who are blessed with graces and wealth swear not to give (any sort of help) to their kinsmen, Al-Masakin (the poor), and those who left their homes for Allah's cause. Let them pardon and forgive. Do you not love that Allah should forgive you) (24:22)
Continuity in a sinful vow is more sinful than breaking it by expiation. Allah's Messenger said:
«وَاللهِ لَأَنْ يَلَجَّ أَحَدُكُمْ بِيَمِينِهِ فِي أَهْلِهِ آثَمُ لَهُ عِنْد اللهِ مِنْ أَنْ يُعْطِيَ كَفَّارَتَهُ الَّتِي افْتَرَضَ اللهُ عَلَيْه»
(By Allah! It is more sinful to Allah that one of you implements his vow regarding (severing the relations with) his relatives than (breaking his promise and) paying the Kaffarah that Allah has required in such cases.)
This is how Muslim reported this Hadith and also Imam Ahmad.
`Ali bin Abu Talhah reported that Ibn `Abbas said that what Allah said:
[وَلاَ تَجْعَلُواْ اللَّهَ عُرْضَةً لاًّيْمَـنِكُمْ]
(And make not Allah's (Name) an excuse in your oaths) means, "Do not vow to refrain from doing good works. (If you make such vow then) break it, pay the Kaffarah and do the good work.'' This was also said by Masruq, Ash-Sha`bi, Ibrahim An-Nakha`i, Mujahid, Tawus, Sa`id bin Jubayr, `Ata', `Ikrimah, Makhul, Az-Zuhri, Al-Hasan, Qatadah, Muqatil bin Hayyan, Ar-Rabi` bin Anas, Ad-Dahhak, `Ata' Al-Khurasani and As-Suddi.
Suporting this view, which is the majority view, is what is reported in the Two Sahihs that Abu Musa Al-Ash`ari narrated that Allah's Messenger said: .
«إِنِّي وَاللهِ إِنْ شَاءَ اللهُ، لَا أَحْلِفُ عَلى يَمِينٍ فَأَرَى غَيْرَهَا خَيْرًا مِنْهَا إِلَّا أَتَيْتُ الَّذِي هُوَ خَيْرٌ وَتَحَلَّلْتُهَا»
(By Allah! Allah willing, I will not vow to do a thing and then see a better act, but I would do what is better and break my vow.) Muslim reported that Abu Hurayrah said that Allah's Messenger said:
«مَنْ حَلَفَ عَلى يَمِينٍ فَرَأَى غَيْرَهَا خَيْرًا مِنْهَا فَلْيُكَفِّرْ عَنْ يَمِينِهِ، وَلْيَفْعَلِ الَّذِي هُوَ خَيْر»
(Whoever makes a vow and then finds what is better than his vow (should break his vow,) pay the Kaffarah and perform the better deed.)
The Laghw (Unintentional) Vows
Allah said:
[لاَّ يُؤَاخِذُكُمُ اللَّهُ بِالَّلغْوِ فِى أَيْمَـنِكُمْ]
(Allah will not call you to account for that which is unintentional in your oaths,)
This Ayah means, `Allah does not punish or hold you accountable for the Laghw (unintentional) vows that you make.' The Laghw vows are unintentional and are just like the habitual statements that the tongue repeats, without really intending them. For instance, it is reported in the Two Sahihs that Abu Hurayrah narrated that Allah's Messenger said:
«مَنْ حَلَفَ فَقَالَ فِي حَلِفِهِ بِاللَّاتِ وَالْعُزَّى، فَلْيَقُلْ لَا إِلَهَ إِلَّا الله»
(Whoever swore and (unintentionally) mentioned Al-Lat and Al-`Uzza (two idols) in his vow, should then say, `There is no deity worthy of worship except Allah'.)
The Messenger said this statement to some new Muslims whose tongues were, before Islam, used to vowing by their idol Al-Lat. Therefore, the Prophet ordered them to intentionally recite the slogan of Ikhlas, just as they mentioned these words by mistake, so that it (the word of Ikhlas) may eradicate the word (of Shirk). This is why Allah said:
[وَلَـكِن يُؤَاخِذُكُم بِمَا كَسَبَتْ قُلُوبُكُمْ]
(...but He will call you to account for that which your hearts have earned.) and in another Ayah:
[بِمَا عَقَّدتُّمُ الاٌّيْمَـنَ]
(...for your deliberate oaths) (5:89)
Abu Dawud reported under Chapter: `The Laghw Vows' that `Ata' said that `A'ishah said that Allah's Messenger said:
«اللَّغْوُ فِي الْيَمِينِ هُوَ كَلَامُ الرَّجُلِ فِي بَيْتِهِ: كَلَّا وَاللهِ، وَبَلَى وَالله»
(The Laghw in the vows includes what the man says in his house, such as, `No, by Allah,' and, `Yes, by Allah'.)
Ibn Abu Hatim reported that Ibn `Abbas said, "The Laghw vow includes vowing while angry.''
He also reported that Ibn `Abbas said, "The Laghw vow includes vowing to prohibit what Allah has allowed, and this type does not require a Kaffarah (expiation).'' Similar was said by Sa`id bin Jubayr.
In addition, Abu Dawud related under Chapter: `Vowing while Angry' that Sa`id bin Musayyib said that two Ansari brothers both received inheritance and one of them asked that the inheritance be divided. His brother said, "If you ask me about dividing the inheritance again, then all of what I have will be spent on the Ka`bah's door.'' `Umar said to him, "The Ka`bah does not need your money. So break your vow, pay the Kaffarah and come to terms with your brother. I heard Allah's Messenger saying:
«لَا يَمِينَ عَلَيْكَ وَلَا نَذْرَ فِي مَعْصِيَةِ الرَّبِّ عَزَّ وَجَلَّ، وَفِي قَطِيعَةِ الرَّحِمِ، وَفِيمَا لَا تَمْلِك»
(Do not make a vow against yourself, nor to disobey the Lord, cut the relations of the womb or dispose of what you do not own.)''
Allah said:
[وَلَـكِن يُؤَاخِذُكُم بِمَا كَسَبَتْ قُلُوبُكُمْ]
(. ..but He will call you to account for that which your hearts have earned,)
Ibn `Abbas, Mujahid and several others said that this Ayah means swearing about a matter while knowing that he is lying. Mujahid and others said this Ayah is similar to what Allah said:
[وَلَـكِن يُؤَاخِذُكُم بِمَا عَقَّدتُّمُ الاٌّيْمَـنَ]
(...but He will punish you for your deliberate oaths.) (5:89) Allah said (2:225 above):
[وَاللَّهُ غَفُورٌ حَلِيمٌ]
(And Allah is Oft-Forgiving, Most-Forbearing.) meaning, He is Oft-Forgiving to His servants and Most Forbearing with them.
[لِّلَّذِينَ يُؤْلُونَ مِن نِّسَآئِهِمْ تَرَبُّصُ أَرْبَعَةِ أَشْهُرٍ فَإِن فَآءُوا فَإِنَّ اللَّهَ غَفُورٌ رَّحِيمٌ - وَإِنْ عَزَمُواْ الطَّلَـقَ فَإِنَّ اللَّهَ سَمِيعٌ عَلِيمٌ ]
(226. Those who take an oath not to have sexual relation with their wives must wait for four months, then if they return, verily, Allah is Oft-Forgiving, Most Merciful.) (227. And if they decide upon divorce, then Allah is All-Hearer, All-Knower.)
The Ila' and its Rulings
Ila' is a type of vow where a man swears not to sleep with his wife for a certain period, whether less or more than four months. If the vow of Ila' was for less than four months, the man has to wait for the vow's period to end and then is allowed to have sexual intercourse with his wife. She has to be patient and she cannot ask her husband, in this case, to end his vow before the end of its term. It is reported in the Two Sahihs that `A'ishah said that Allah's Messenger swore he would stay away from with his wives for a month. He then came down after twenty-nine days saying:
«الشَّهْرُ تِسْعٌ وَعِشْرُون»
(The (lunar) month is twenty-nine days.)
Similar was narrated by `Umar bin Al-Khattab and reported in the Two Sahihs. If the period of Ila' is for more than four months, the wife is allowed in this case to ask her husband, upon the end of the four months, to end the Ila' and have sexual relations with her. Otherwise, he should divorce her, by being forced to do so by the authorities if necessary, so that the wife is not harmed. Allah said:
[لِّلَّذِينَ يُؤْلُونَ مِن نِّسَآئِهِمْ]
(Those who take an oath not to have sexual relations with their wives) meaning, swear not to have sexual relations with the wife. This Ayah indicates that the Ila' involves the wife and not a slave-women, as the majority of the scholars have agreed,
[تَرَبُّصُ أَرْبَعَةِ أَشْهُرٍ]
(...must wait for four months,) meaning, the husband waits for four months from the time of the vow and then ends the Ila' (if the vow was for four or more months) and is required to either return to his wife or divorce her. This is why Allah said next:
[فَإِن فَآءُوا]
(...then if they return,) meaning, to a normal relationship, having sexual intercourse with the wife. This is the Tafsir of Ibn `Abbas, Masruq, Ash-Sha`bi, Sa`id bin Jubayr and Ibn Jarir.
[فَإِنَّ اللَّهَ غَفُورٌ رَّحِيمٌ]
(...verily, Allah is Oft-Forgiving, Most Merciful.) with any shortcomings that occurred in the rights of the wife because of the vow of Ila'.
Allah said:
[وَإِنْ عَزَمُواْ الطَّلَـقَ]
(And if they decide upon divorce,) indicating that divorce does not occur by merely passing the four month mark (during the Ila'). Malik reported from Nafi` that `Abdullah bin `Umar said, "If the man swears to Ila' from his wife, then divorce does not occur automatically even after the four months have passed. When he stops at the four months mark, he should either divorce or return.'' Al-Bukhari also reported this Hadith. Ibn Jarir reported that Suhayl bin Abu Salih said that his father said, "I asked twelve Companions about the man who does Ila' with his wife. They all stated that he does not have to do anything until the four months have passed and then has to either retain or divorce her.'' Ad-Daraqutni also reported this from Suhayl.
It is also reported from `Umar, `Uthman, `Ali, Abu Ad-Darda', `A'ishah, Ibn `Umar and Ibn `Abbas. This is also the opinion of Sa`id bin Musayyib, `Umar bin `Abdul-`Aziz, Mujahid, Tawus, Muhammad bin Ka`b and Al-Qasim.
[وَالْمُطَلَّقَـتُ يَتَرَبَّصْنَ بِأَنْفُسِهِنَّ ثَلَـثَةَ قُرُوءٍ وَلاَ يَحِلُّ لَهُنَّ أَن يَكْتُمْنَ مَا خَلَقَ اللَّهُ فِى أَرْحَامِهِنَّ إِن كُنَّ يُؤْمِنَّ بِاللَّهِ وَالْيَوْمِ الاٌّخِرِ وَبُعُولَتُهُنَّ أَحَقُّ بِرَدِّهِنَّ فِي ذَلِكَ إِنْ أَرَادُواْ إِصْلَـحاً وَلَهُنَّ مِثْلُ الَّذِى عَلَيْهِنَّ بِالْمَعْرُوفِ وَلِلرِّجَالِ عَلَيْهِنَّ دَرَجَةٌ وَاللَّهُ عَزِيزٌ حَكُيمٌ ]
(228. And divorced women shall wait (as regards their marriage) for three menstrual periods, and it is not lawful for them to conceal what Allah has created in their wombs, if they believe in Allah and the Last Day. And their husbands have the better right to take them back in that period, if they wish for reconciliation. And they (women) have rights (over their husbands as regards living expenses) similar (to those of their husbands) over them (as regards obedience and respect) to what is reasonable, but men have a degree (of responsibility) over them. And Allah is All-Mighty, All-Wise.)
The `Iddah (Waiting Period) of the Divorced Woman
This Ayah contains a command from Allah that the divorced woman, whose marriage was consummated and who still has menstruation periods, should wait for three (menstrual) periods (Quru') after the divorce and then remarry if she wishes.
The Meaning of Al-Quru
Ibn Jarir related that `Alqamah said: We were with `Umar bin Al-Khattab when a woman came and said, "My husband divorced me one or two periods ago. He then came back to me while I had prepared my water [for taking a bath], took off my clothes and closed my door.'' `Umar asked `Abdullah bin Mas`ud, "What do you think'' He said, "I think that she is still his wife, as long as she is not allowed to resume praying (i.e., until the third period ends before he takes her back).'' `Umar said, "This is my opinion too.'' This is also the opinion of Abu Bakr As-Siddiq, `Umar, `Uthman, `Ali, Abu Ad-Darda', `Ubadah bin As-Samit, Anas bin Malik, Ibn Mas`ud, Mu`adh, Ubayy bin Ka`b, Abu Musa Al-Ash`ari and Ibn `Abbas. Furthermore, this is the opinion of Sa`id bin Musayyib, `Alqamah, Aswad, Ibrahim, Mujahid, `Ata', Tawus, Sa`id bin Jubayr, `Ikrimah, Muhammad bin Sirin, Al-Hasan, Qatadah, Ash-Sha`bi, Ar-Rabi`, Muqatil bin Hayyan, As-Suddi, Makhul, Ad-Dahhak and `Ata' Al-Khurasani. They all stated that the Quru' is the menstruation period. What testifies to this is the Hadith that Abu Dawud and An-Nasa'i reported that Fatimah bint Abu Hubaiysh said that Allah's Messenger said to her:
«دَعِي الصَّلاَةَ أَيَّامَ أَقْرَائِك»
(Do not pray during your Aqra' (pl. for Quru', the menstruation period).)
If this Hadith was authentic, it would have been a clear proof that the Quru' is the menstruation period. However, one of the narrators of this Hadith, Al-Mundhir, is an unknown person (in Hadith terminology), as Abu Hatim has stated, although Ibn Hibban has mentioned Al-Mundhir in his book Ath-Thiqat.
A Woman's Statement about Menses and Purity is to be accepted
Allah said:
[وَلاَ يَحِلُّ لَهُنَّ أَن يَكْتُمْنَ مَا خَلَقَ اللَّهُ فِى أَرْحَامِهِنَّ]
(...and it is not lawful for them to conceal what Allah has created in their wombs,) meaning, of pregnancy or menstruation periods. This is the Tafsir of Ibn `Abbas, Ibn `Umar, Mujahid, Ash-Sha`bi, Al-Hakam bin `Utaybah, Ar-Rabi` bin Anas, Ad-Dahhak and others.
Allah then said:
[إِن كُنَّ يُؤْمِنَّ بِاللَّهِ وَالْيَوْمِ الاٌّخِرِ]
(...if they believe in Allah and the Last Day.)
This Ayah warns women against hiding the truth (if they were pregnant or on their menses), indicating that they are the authority in such matters as they alone know such facts about themselves. Since verifying such matters is difficult, Allah left this decision with them. Yet, women were warned not to hide the truth in case they wish to end the `Iddah sooner, or later, according to their desires. Women were thus commanded to say the truth (if they were pregnant or on their menses), no more and no less.
The Husband has the Right to take back his Divorced Wife during the `Iddah (Waiting Period)
Allah said:
[وَبُعُولَتُهُنَّ أَحَقُّ بِرَدِّهِنَّ فِي ذَلِكَ إِنْ أَرَادُواْ إِصْلَـحاً]
(And their husbands have the better right to take them back in that period, if they wish for reconciliation.)
Hence, the husband who divorces his wife can take her back, providing she is still in her `Iddah (time spent before a divorced woman or a widow can remarry) and that his aim, by taking her back, is righteous and for the purpose of bringing things back to normal. However, this ruling applies where the husband is eligible to take his divorced wife back. We should mention that (when this Ayah 2:228 was revealed), the ruling that made the divorce thrice and specified when the husband is ineligible to take his divorced wife back, had not been revealed yet. Previously, the man used to divorce his wife and then take her back even if he had divorced her a hundred separate times. Thereafter, Allah revealed the following Ayah (2:229) that made the divorce only thrice. So there was now a reversible divorce and an irreversible final divorce.