فَإِن طَلَّقَهَا فَلَا تَحِلُّ لَهُۥ مِنۢ بَعْدُ حَتَّىٰ تَنكِحَ زَوْجًا غَيْرَهُۥ فَإِن طَلَّقَهَا فَلَا جُنَاحَ عَلَيْهِمَآ أَن يَتَرَاجَعَآ إِن ظَنَّآ أَن يُقِيمَا حُدُودَ ٱللَّهِ وَتِلْكَ حُدُودُ ٱللَّهِ يُبَيِّنُهَا لِقَوْمٍ يَعْلَمُونَ

“And if he hath divorced her (the third time), then she is not lawful unto him thereafter until she hath wedded another husband. Then if he (the other husband) divorce her it is no sin for both of them that they come together again if they consider that they are able to observe the limits of Allah. These are the limits of Allah. He manifesteth them for people who have knowledge.” — M. M. Pickthall

Tafsirs

AI-generated
Taberî9-10. c.✓ Citation verified

In this text, Taberî conveys that after three divorces, for a woman to become permissible to her previous husband, the new marriage must include both the meaning of contract (akd) and sexual intercourse (cima). At the same time, he specifies that 'hudûdullah' (the boundaries of Allah) are the limits and obligations set by Allah, and that these must not be transgressed. Additionally, he transmits the disagreement among exegetes regarding the ruling of the third divorce and the narrations received on this matter (from Ibn Abbas, Mujahid, Dahhak, Suddi) and supports with the hadith of 'Ukba ibn Amir' from Aisha that the marriage must include sexual intercourse.

فمعلوم أن تأويل قوله: نكاحا صحيحا، ثم يجامعها فيه، ثم يطلقها. فإن قال: فإن ذكر الجماع غير موجود في كتاب الله تعالى ذكره، فما الدلالة على أن معناه ما قلت؟ قيل: الدلالة على ذلك إجماع الأمة جميعا على أن ذلك معناه.
Zemahşerî12. c.✓ Citation verified

According to Zamakhshari, the expression 'li kavmin ya'lemûn' can be connected to the expressions 'qur'ânen 'arabiyyen' and 'fussilet âyâtühû', but it has been deemed more appropriate that it be an attribute at the same level as the preceding and following qualifications, meaning making the Qur'an belong to an Arab community. According to this reading, the expression 'yalemûn' describes a community that understands the verses revealed to them in Arabic and in a clear manner, with nothing seeming confused to them. Additionally, it has been noted that the reading 'beshîran wa nezîran' can be read as an attribute of the book or can be the predicate of an omitted subject.

والأجود أن يكون صفة مثل ما قبله وما بعده ، أي قرآنا عربيا كائنا لقوم عرب ، لئلا يفرق بين الصلاة والصفات
Fahreddin er-Râzî12-13. c.✓ Citation verified

According to this exegete, the 'tesrîh' (pronouncement) in the verse is not synonymous with the third divorce; rather, it means abandoning the right to return (ric'at), thus the verse encompasses all possibilities after the second divorce (returning or not returning). If tesrîh were interpreted as a separate divorce, one of three parts would be left out and the repetition of the divorce term would be necessary, which has not been deemed permissible. Moreover, this inference, which forms the basis of Abû Hanîfa's view, argues that tesrîh is a separate act that comes after divorce and that the third of the divorces is not directly intended.

أنا لو حملنا التسريح على ترك المراجعة كانت الآية متناولة لجميع الأحوال ، لأنه بعد الطلقة الثانية ، إما أن يراجعها وهو المراد بقوله : فكانت الآية مشتملة على بيان كل الأقسام ، أما لو جعلنا التسريح بالإحسان طلاقا آخر لزم ترك أحد الأقسام الثلاث ، ولزم التكرير في ذكر الطلاق وأنه غير جائز
Kurtubî13. c.✓ Citation verified

In this text, Kurtubî conveys the disagreement regarding the ruling when a husband divorces his wife again while she is in her waiting period (idda) after khul' (mutual dissolution of marriage). One group of scholars (Said ibn Musayyib, Shuraih, Tawus, Naha'i, Zuhri, Al-Hakam, Hammad, Sawri and Ahl al-Ra'y) say that the divorce will be valid for the woman during the waiting period, while scholars like Ibn Abbas, Ibn Zubayr, Ikrimah, Al-Hasan, al-Shafi'i, Ahmad, Ishaq and Abû Thawr hold the view that the divorce will not be valid. Malik, on the other hand, makes a separate distinction, stating that if the condition of divorce with three pronouncements was set at the time of khul', this will be valid, but if a period of silence (interruption) occurs, then the later-spoken divorce will become void.

وقد اختلف العلماء في الطلاق بعد الخلع في العدة فقالت طائفة : إذا خالع الرجل زوجته ثم طلقها وهى في العدة لحقها الطلاق ما دامت في العدة كذلك قال سعيد بن المسيب وشريح وطاوس والنخعي والزهري والحكم وحماد والثوري وأصحاب الرأي وفيه قول ثان وهو أن الطلاق لا يلزمها
İbn Kesîr14. c.✓ Citation verified

In this text, Ibn Kathir conveys two views on khul' (a woman's separation by paying compensation): According to the view from Ibn Abbas, Uthman and Ibn Umar, khul' is not counted as divorce but is a dissolution (fasakh); according to the second view, khul' is, on the contrary, a binding divorce unless otherwise intended. He also explains the condition that for a woman divorced with the third divorce to be able to return to her previous husband, a genuine marriage and sexual intercourse (waṭy) with a second husband must take place, and that fake/muhallil marriage would not serve this purpose. The text also mentions the disagreement among the schools regarding whether the second husband 'demolishes' the previous divorces or not.

وهذا الذي ذهب إليه ابن عباس رضي الله عنهما من أن الخلع ليس بطلاق وإنما هو فسخ هو رواية عن أمير المؤمنين عثمان بن عفان وابن عمر وهو قول طاوس وعكرمة
Beydâvî13. c.✓ Citation verified

According to Bayḍâwî, after two divorces, for a woman divorced a third time to be able to return to her previous husband, she must marry another man; this marriage must be realized not only by contract but by actual intercourse. Additionally, khul' (compensatory divorce) is counted as a type of divorce, because it is a separation that occurs by the husband's will. According to the majority, a marriage made with the condition of tahlîl is void, while Abû Hanîfa deems it disliked (makrûh) and permissible.

فالآية مطلقة قيدتها السنة

Comparison

Common ground

Taberî, Ibn Kathir and Bayḍâwî are united in that after the third divorce, for a woman to return to her previous husband, the second marriage must include not only the contract but also actual sexual intercourse (cima/waṭy); the shared emphasis that fake marriage for the purpose of tahlîl does not serve this purpose. Kurtubî and Ibn Kathir likewise narrate a similar structure of disagreement (is it divorce or dissolution?) regarding khul' (compensatory separation).

Differences

Zamakhshari and al-Razi differ from the others because they address the subject in different verse contexts (language/rhetoric and through the concept of tesrîh); al-Razi counts tesrîh as a separate act from the third divorce and provides a basis for Abû Hanîfa's view. While Kurtubî and Ibn Kathir narrate in detail the disagreement among many scholars regarding the validity of divorce during the waiting period after khul' and the nature of khul', Bayḍâwî takes a clearer position by directly counting khul' as a type of divorce; there is also a difference in the ruling on tahlîl marriage—majority considers it void, while Abû Hanîfa considers it disliked.

Historical context

From Taberî to Bayḍâwî, the approach based on narrations and the views of companions and followers remains constant, but over time, language/rhetorical analyses (Zamakhshari, al-Razi) and the systematization of disagreements among schools (Kurtubî, Ibn Kathir, Bayḍâwî) have become more prominent; while the fundamental ruling (the condition of intercourse) remains unchanged, the justifications and the narration of disagreement points have become enriched.

Modern connection

This comparative reading reminds us that from the early period onwards, different views on matters concerning family law such as marriage and divorce have been narrated respectfully alongside one another, and disagreement was viewed as richness without reaching a single definitive conclusion. In contemporary times too, acting with patience, sincerity and a spirit of social solidarity in resolving family disputes, and approaching different perspectives with tolerance can be considered an important principle.

AI analysis — not a fatwa or ruling, not yet reviewed by a scholar