الآية رقم (233) - وَالْوَالِدَاتُ يُرْضِعْنَ أَوْلاَدَهُنَّ حَوْلَيْنِ كَامِلَيْنِ لِمَنْ أَرَادَ أَن يُتِمَّ الرَّضَاعَةَ وَعلَى الْمَوْلُودِ لَهُ رِزْقُهُنَّ وَكِسْوَتُهُنَّ بِالْمَعْرُوفِ لاَ تُكَلَّفُ نَفْسٌ إِلاَّ وُسْعَهَا لاَ تُضَآرَّ وَالِدَةٌ بِوَلَدِهَا وَلاَ مَوْلُودٌ لَّهُ بِوَلَدِهِ وَعَلَى الْوَارِثِ مِثْلُ ذَلِكَ فَإِنْ أَرَادَا فِصَالاً عَن تَرَاضٍ مِّنْهُمَا وَتَشَاوُرٍ فَلاَ جُنَاحَ عَلَيْهِمَا وَإِنْ أَرَدتُّمْ أَن تَسْتَرْضِعُواْ أَوْلاَدَكُمْ فَلاَ جُنَاحَ عَلَيْكُمْ إِذَا سَلَّمْتُم مَّآ آتَيْتُم بِالْمَعْرُوفِ وَاتَّقُواْ اللّهَ وَاعْلَمُواْ أَنَّ اللّهَ بِمَا تَعْمَلُونَ بَصِيرٌ

(233) - (Mothers may breastfeed their children two complete years for whoever wishes to complete the nursing [period]. Upon the father is the mothers' provision and their clothing according to what is acceptable. No person is charged with more than his capacity. No mother should be harmed through her child, and no father through his child. And upon the [father's] heir is [a duty] like that [of the father]. And if they both desire weaning through mutual consent from both of them and consultation, there is no blame upon either of them. And if you wish to have your children nursed by a substitute, there is no blame upon you as long as you give payment according to what is acceptable. And fear Allah and know that Allah is Seeing of what you do.)

This verse is about breastfeeding. As you see, Allah (swt) has stated all the issues related to preserve the family along with the father, mother, and children. So, the rules for breastfeeding come after the rules of divorce; and since divorce has been legislated for certain cases, there must be a legislation to guarantee the rights of infants and kids. Allah (swt) says:

( وَالْوَالِدَاتُ يُرْضِعْنَ أَوْلَادَهُنَّ حَوْلَيْنِ كَامِلَيْنِ ِ..) (Mothers may breastfeed their children two complete years…): And this is for those who want to go for the complete period for breastfeeding. The maximum period is stated but they have the choice to complete it or not.

( وَعَلَى الْمَوْلُودِ لَهُ رِزْقُهُنَّ وَكِسْوَتُهُنَّ بِالْمَعْرُوفِ..  ) (..Upon the father is the mothers’ provision and their clothing according to what is acceptable….): This is for the father. Let’s pay attention to how specific the Holy Qur’an is. If there is an infant at the time when divorce takes place, the infant remains with the mother until the period of breastfeeding is completed. Allah (swt) wants to tell the husband who has hated his wife and divorced her that the infant is his own child. Thus, the husband has to spend on and provide clothing for the infant plus having affection and mercy on him/her. This is important as it reminds the father of the rights to the infant as well as the breastfeeding mother even if she’s divorced.

( لَا تُكَلَّفُ نَفْسٌ إِلَّا وُسْعَهَا ۚ لَا تُضَارَّ وَالِدَةٌ بِوَلَدِهَا وَلَا مَوْلُودٌ لَّهُ بِوَلَدِهِ ۚ  ) (..No person is charged with more than his capacity. No mother should be harmed through her child, and no father through his child….): The mother needs no reminder and can never leave her infant, whereas the father who has divorced needs such a reminder. This is the peak of preserving the rights and the dignity of the woman. Those who claim to be advocates of the rights of the women talk about the façade and dismiss the core. The core is there in the Holy Qur’an. The father is reminded of his infant while the mother is not. She needs not to be reminded to have affection and mercy on her infant. the matter of spending and clothing may cause harm. Yet in Islam there is neither harming nor reciprocating. Prophet Muhammad (saws) said:

“There should be neither harming nor reciprocating harm[1].”

( وَعَلَى الْوَارِثِ مِثْلُ ذَٰلِكَ    ) (..And upon the [father’s] heir is [a duty] like that [of the father]….): Who’s the heir? The father may die and is inherited by his orphan infant. The question here, however, is: shouldn’t there be a guardian on this orphan? Isn’t there someone else other than the infant to inherit the father? The point is that the provision is required whoever the heir or the guardian on the orphan’s money is. The infant is never kept alone.

( فَإِنْ أَرَادَا فِصَالًا عَن تَرَاضٍ مِّنْهُمَا وَتَشَاوُرٍ فَلَا جُنَاحَ عَلَيْهِمَا ۗ    ) (..And if they both desire weaning through mutual consent from both of them and consultation, there is no blame upon either of them….): The Holy Qur’an directs the husband and the wife, even if they are divorced, to consult each other and have mutual consent between them with respect to their children, but why so? Allah (swt) says: {And if they both desire weaning} and ‘both’ refers to the father and the mother. So, if they both desire weaning -to stop the breastfeeding, it should be under consultation and mutual consent between the man and the woman. Consultation remains there, though. They shouldn’t speak badly about and boycott each other, nor should both families of the husband and the wife boycott each other and develop hostility between them. The consequences of divorce that we may see in our society nowadays are never based on Islam and the true faith. There is severe hostility between the man and the woman and between their families both. Yet, look at the Qur’an talking about this issue: consultation and mutual consent should be there in case the woman has an infant and she wants to wean him/her. There is no hatred in Islam.

( وَإِنْ أَرَدتُّمْ أَن تَسْتَرْضِعُوا أَوْلَادَكُمْ    ) (..And if you wish to have your children nursed by a substitute….): That’s, to have a substitute for nursery.

( فَلَا جُنَاحَ عَلَيْكُمْ إِذَا سَلَّمْتُم مَّا آتَيْتُم بِالْمَعْرُوفِ ۗ    ) (..there is no blame upon you as long as you give payment according to what is acceptable….): Everything should be in acceptable manner, with good treatment. Even if you want to have a substitute you still have to spend on the child. Everything should be within the limits of what’s acceptable and good treatment as such. What have the enemies of Islam done? No sane man doubts that all radical and terror movements are Zionist-made, by the descendants of the Jews of Khaibar, Banu Qaynuqa, and Banu Nadhir, along with whoever plotted with them against Islam and our country. What do they want to dismiss in Islam? They’ve omitted all the ends of the Sharia law, even with respect to the rules of divorce. You must have noticed the number of verses we have on the rules of divorce, two-time divorce, three-time divorce, the waiting period for divorce (three menstrual periods or intervals), the waiting period after the demise of the husband (four months and ten days), the waiting period for divorce in case of pregnancy (till the baby is delivered), breastfeeding … etc. All such details end with either (according to what’s acceptable) or (with good treatment). Therefore, the essence of the Sharia is the good for all people. Undoubtedly, Islam has nothing to do with all the acts of Takfiri, extremist, and radical groups like killing people, destruction, blasting, blowing … etc. A Muslim can only be a source of the good and the right and never of harm and reciprocation.

( وَاتَّقُوا اللَّهَ وَاعْلَمُوا أَنَّ اللَّهَ بِمَا تَعْمَلُونَ بَصِيرٌ  ) (….And fear Allah and know that Allah is Seeing of what you do): Allah (swt) knows well what’s kept inside one’s self as well as the hate and hatred that may stem out as a result of divorce. Thus, He (swt) wants to remind the man and the woman and their families that such rules are based on the fear of Allah:

 {وَتَزَوَّدُوا فَإِنَّ خَيْرَ الزَّادِ التَّقْوَىٰ ۚ وَاتَّقُونِ يَا أُولِي الْأَلْبَابِ }

(And take provisions, but indeed, the best provision is fear of Allah. And fear Me, O you of understanding.)  (Al-Baqara: 197)

Such rules are based on the fear of Allah’s punishment along with the hope for His mercy, and the fear of Allah (swt)rather that the earthly commitment. i.e. ethics. Some people might say that ethics are separated from the religion; yet, ethics can’t stand still if they are not combined with the fear of (swt); they would neither sustain nor be the ethics ordered by Islam. In this context, Prophet Muhammad (saws) said:

“The best character is part of the faith, and those who show the most perfect faith among you are the ones with the best character[2].”

Would an ill-mannered person claim to be pious? This is impossible under Islam. Man is always bound by moral values in Islam. Such values that don’t allow a man to hold a cat in order not to go to hell. How about the ones killing other people, then? The aim I am after here is that what should the treatment be based on when there are heavy burdens on one’s self as a result of divorce (of a man and a woman)?  It should be based on the fear of Allah (swt) under which all other commitments are listed. A commitment should be listed under the fear of Allah (swt), or else, the father would prevent the mother from seeing her children or harm her. The mother may try to do the same. The reason behind such issues is well-known: the treatment has never been based on the fear of Allah (swt). Prophet Muhammad (saws) said:

“I urge you to take care of the women[3].”

Thus, the fear of Allah (swt) is made the base for the marital relationship. Will the fear of Allah (swt) guarantee the rights of the woman? Isn’t the woman one of the creatures of Allah? You may ask: what’s the guarantee? Is it the dowry? Positivity and acceptance? Announcement? Sustainability? The testimonies of the witnesses? My answer is: the fear of Allah (swt). This is what the prophet (saws) set out, the honor, word, and fear of Allah (swt) in the relationship and all issues stemming thereof, including divorce and after divorce.

( وَاعْلَمُوا أَنَّ اللَّهَ بِمَا تَعْمَلُونَ بَصِيرٌ  ) (….and know that Allah is Seeing of what you do): There is always a reminder for humans that Allah (swt) sees and is aware of what we do. Prophet Muhammad (saws) said:

“O My servants, it is but your deeds that I record for you and then recompense you for.[4]

So, keep in mind that Allah (swt) sees and is aware of whatever you do; and that goes for the way you treat His creatures, your wife, children, family, neighbors, friends, society, homeland … etc. This is the meaning of the fear of Allah and ‘Allah is Seeing what you do.

[1] Majma’ Azzawaed wa Manba’ Alfawaed, Vol 4, Hadith no. 6536.

[2] Al-Mu’jam Alkabeer by Attabarani, Saad Vol, Sada Bin Al-Ajlan Hadith no. 7756.

[3] Sahih Al-Bukhari, Wedlock Vol, Chapter: The exhortation of taking care of the women, Hadith no. 4890.

[4] Sahih Muslim, Virtues, Good manners and Kinship volume, prohibition of Oppression Chapter, Hadith no. 2577.