وَإِن طَلَّقْتُمُوهُنَّ مِن قَبْلِ أَن تَمَسُّوهُنَّ وَقَدْ فَرَضْتُمْ لَهُنَّ فَرِيضَةً فَنِصْفُ مَا فَرَضْتُمْ إِلَّآ أَن يَعْفُونَ أَوْ يَعْفُوَا۟ ٱلَّذِى بِيَدِهِۦ عُقْدَةُ ٱلنِّكَاحِ ۚ وَأَن تَعْفُوٓا۟ أَقْرَبُ لِلتَّقْوَىٰ ۚ وَلَا تَنسَوُا۟ ٱلْفَضْلَ بَيْنَكُمْ ۚ إِنَّ ٱللَّهَ بِمَا تَعْمَلُونَ بَصِيرٌ 237
Translations
And if you divorce them before you have touched them and you have already specified for them an obligation, then [give] half of what you specified - unless they forego the right or the one in whose hand is the marriage contract foregoes it. And to forego it is nearer to righteousness. And do not forget graciousness between you. Indeed Allāh, of whatever you do, is Seeing.
Transliteration
Wa-in tallaqtumuhunna min qabli an tamassoohunna wa qad faradtum lahunna fareedatan fa-nisfu ma faradtum illa an ya'fawna aw ya'fu alladhee biyadihi 'uqdatu an-nikaah. Wa an ta'fu aqrabu li-at-taqwa. Wa la tansawu al-fadla baynikum. Inna Allaha bima ta'malun baseer.
Tafsir (Explanation)
This ayah addresses the case of divorce before consummation of marriage when a dower (mahr) has been specified. The husband must give half of the prescribed dower unless the wife and her guardians willingly forgo their right, or the husband (who holds the marriage contract) forgives the debt. The ayah emphasizes that pardoning and showing generosity is closer to piety and urges both parties to remember kindness (al-fadl) between them. Classical scholars like Ibn Kathir and Al-Qurtubi highlight this as a balanced ruling that protects the woman's financial rights while encouraging mercy and reconciliation.
Revelation Context
This ayah is part of the comprehensive marriage and divorce legislation revealed in Medina (Surah Al-Baqarah is Medinan). It addresses practical issues of marital contracts and dissolution that arose in the Muslim community, providing legal protection for women's mahr rights while promoting ethical behavior between spouses.
Related Hadiths
Sahih Bukhari and Sahih Muslim transmit various hadiths on divorce and dower rights. A relevant example is the hadith in which the Prophet (peace be upon him) ruled on cases of divorce before consummation, emphasizing fair treatment of women in such situations.
Themes
Key Lesson
This ayah teaches that while Islamic law protects the financial rights of women in divorce situations, the higher spiritual path is one of generosity and forgiveness from both parties. Modern readers should recognize that justice in Islam is never divorced from compassion, and that kindness between people—even in difficult circumstances—brings one closer to true piety and God-consciousness.