Surah At-Tahrim Ayat 4 (66:4 Quran) With Tafsir

Ala-Maududi

(65:4) The waiting period of those of your women who have lost all expectation of menstruation shall be three months^[12] in case you entertain any doubt; and the same shall apply to those who have not yet menstruated.^[13] As for pregnant women, their waiting period shall be until the delivery of their burden.^[14] Allah will create ease for him who fears Allah.

12. This is in respect of the women who no longer menstruation and have reached menopause because of age. Their waiting-period will be reckoned from the day divorce was pronounced on them and three months imply three lunar months. If divorce was pronounced at the commencement of the lunar month, it is agreed that the waiting-period will be reckoned with regard to the sighting of the new moon; and if it was pronounced somewhere in the middle of the month, according to Imam Abu Hanifah, three months will have to be completed reckoning each month of 30 days. (Badaias-Sami ).

As for the women whose courses are irregular due to some reason, the jurists have held different opinions:

Saeed bin al-Musayyab says that Umar ruled: If the woman who has been divorced stops having menses after having them once or twice after the divorce, she will wait for 9 months. If signs of pregnancy appear, well and good, otherwise after the passage of 9 months, she should observe the waiting-period of three additional months. Then she would be lawful for marriage to another person.

Ibn Abbas, Qatadah and Ikrimah say that the waitingperiod of the woman who has not menstruated for a year is three months.

Taus says that the waiting-period of the woman who menstruates once in a year, is three menstruations. This very opinion has been reported from Uthman, Ali and Zaid bin Thabit.

Imam Malik relates that a person by the name Habban divorced his wife during the period when she was suckling her child. A year passed on it, but she did not have the menses. Then the man died. The divorced wife laid claim to inheritance. The case came before Uthman. He consulted with AIi and Zaid bin Thabit, and gave the decision that the woman was an heiress. The argument given was that the woman was neither of those women a who might have despaired of menstruation, nor of those girls who may not have menstruated yet: therefore, up till the husband’s death she was on the menses she had discharged last, and had still to pass her waiting-period.

The Hanafis say that the waiting-period of the woman, who no longer menstruates, which may not be on account of menopause so that there may be no hope of her having it later will either be reckoned from the menstruation if she has it in the future, or in accordance with the age at which women generally reach menopause, and after attaining that age she will pass three months of the waiting period in order to be released from the marriage bond. The same opinion is held by Imam Shafei, Imam Thauri and Imam Laith, and the same also is the view of Umar, Uthman and Zaid bin Thabit. Imam Malik has adopted the view of Umar and Abdullah bin Abbas and it is this: The woman will first pass nine months. If she does not have her menses during this period, she will pass three months of the waiting-period like the woman who has despaired of menstruation. Ibn al-Qasim explaining the viewpoint of Imam Malik says: The period of nine months will be reckoned from the day she became free from the previous menstrual discharge and not from the day divorce was pronounced on her. (All these have been taken from al-Jassas, Ahkam al-Quran and al-Kasani, Badai as-Sanai).

Imam Ahmad bin Hanbal says that if the woman whose waiting-period started from menstruation despairs of menstruation during the waiting-period, she will be required to pass the waiting-period of the menopausal woman and not of the women who menstruate regularly. And if she stops menstruating and the cause of the cessation is unknown, she will first pass nine months in the doubt of pregnancy, and then will have to complete three months of the waiting-period, And if the cause of the cessation of the menses becomes known, e.g. a disease, or suckling, or some other cause, she will lie in the waiting-period till the time that either she starts having the menses again so that the waiting-period may be reckoned in accordance with the courses, or she reaches menopause and may pass the waiting-period of the menopausal woman. (Al-Insaf).

13. They may not have menstruated as yet either because of young age, or delayed menstrual discharge as it happens in the case of some women, or because of no discharge at all throughout life which, though rare, may also be the case. In any case, the waiting-period of such a woman is the same as of the woman, who has stopped menstruation. That is three months from the time divorce was pronounced.

Here, one should bear in mind the fact that according to the explanations given in the Quran the question of the waiting period arises in respect of the women with whom marriage may have been consummated, for there is no waitingperiod in case divorce is pronounced before the consummation of marriage. (Surah Al-Ahzab, Ayat 49). Therefore, making mention of the waiting-period for the girls who have not yet menstruated, clearly proves that it is not only permissible to give away the girl in marriage at this age but it is also permissible for the husband to consummate marriage with her. Now, obviously no Muslim has the right to forbid a thing which the Quran has held as permissible.

The girl who is divorced in the state when she has not yet menstruated and then she starts having the menses during the waiting-period, will reckon her waiting-period from the same menstruation and her waiting-period will be reckoned just like the woman who menstruates regularly.

14. The consensus of scholarly opinion is that the waitingperiod of the pregnant divorced woman is till child birth. But a difference of opinion has occurred about whether the same also applies to the woman whose husband may die during her pregnancy. The dispute has arisen because in (Surah Al-Baqarah, Ayat 234) the waiting-period of the woman whose husband dies has been laid down as four months and ten days, and there is no mention whatever whether this injunction applies to all widows generally or only to those who are not pregnant.

Ali and Abdullah bin Abbas, reading both these verses together, have drawn the rule that the waiting-period of the pregnant divorced woman is till child-birth, but that of the pregnant widow is the longer of the two periods, whether it be of the divorced woman or of the pregnant woman. For example, if delivery takes place before four months and ten days, she will have to observe a waiting period of four months and ten days, and if it does not take place till then, her waiting period will come to an end at delivery. The same is the viewpoint of the Imamiah sect of the Shias.

Abdullah bin Masud says that this verse of Surrah At- Talaq was sent down after the verse of Surah Al-Baqarah; therefore, the later injunction has made the earlier injunction particularly applicable to the non pregnant widow, and has laid down the waiting-period of every pregnant woman as till child birth, whether she is divorced or widowed. Accordingly, whether delivery takes place immediately after the husband’s death, or takes longer than four months and ten days, the woman’s waitingperiod in any case will come to an end at the birth of the child. This view is supported by this tradition of Ubayy bin Kaab. He says: When this verse of Surah At-Talaq came down, I asked the Prophet (peace be upon him): Is it both for the divorced woman and for the widow? The Prophet (peace be upon him) replied: Yes. In another tradition the Prophet (peace be upon him) further explained it thus: The waiting period of every pregnant woman is till child-birth. (Ibn Jarir, Ibn Abu Hatim). Ibn Hajar says that although its reliability is questionable, yet as it has been related through several chains of transmitters, one has to admit that it has some basis. More than that, it is further confirmed by the incident concerning Subaiah-i Aslamiyyah which occurred in the sacred time of the Prophet (peace be upon him) himself. She became a widow during her pregnancy and a few days after her husband’s death (according to some traditions 20 days, (according to others 23 days, 25 days, 35 days or 40 days) she delivered her burden. The Prophet (peace be upon him) was aske

Ibn-Kathir

The tafsir of Surah Tahrim verse 4 by Ibn Kathir is unavailable here.
Please refer to Surah Tahrim ayat 1 which provides the complete commentary from verse 1 through 5.