Verses 240 and 241 of Surah Al-Baqarah, as the concluding passages on rulings related to death and divorce within this blessed chapter, provide a profound and multifaceted elucidation of womens rights following the loss of a spouse or separation from him. These verses, with an emphasis on preserving dignity, honour, and independence of women, outline a legal and ethical system that attends not only to their material needs but also to the spiritual and social dimensions of their lives. The present exegesis, adopting a scientific and academic approach, analyses these verses and, by critiquing undesirable social and cultural practices, emphasises the necessity of chivalry, justice, and wisdom in conduct towards women. Utilising jurisprudential, sociological, and psychological analyses, the verses are examined within a comprehensive framework and enriched with refined Persian literary metaphors. The structure of this work encompasses principal sections with specialised subheadings, each addressing an aspect of these divine rulings and providing independent conclusions and final summaries as guidance for researchers and religious scholars.
Verses 240 and 241 of Surah Al-Baqarah hold a distinguished position within the Quranic legal system as the concluding segment of rulings concerning death and divorce. These verses, with comprehensiveness and coherence, regulate familial and social relations, underscoring the preservation of womens dignity in arduous circumstances. Verse 240 pertains to the rights of women after the death of their husbands, while verse 241 addresses the rights of divorced women.
وَالَّذِينَ يُتَوَفَّوْنَ مِنْكُمْ وَيَذَرُونَ أَزْوَاجًا وَصِيَّةً لِأَزْوَاجِهِمْ مَتَاعًا إِلَى الْحَوْلِ غَيْرَ إِخْرَاجٍ ۚ فَإِنْ خَرَجْنَ فَلَا جُنَاحَ عَلَيْكُمْ فِيمَا فَعَلْنَ فِي أَنْفُسِهِنَّ مِنْ مَعْرُوفٍ ۗ وَاللَّهُ عَزِيزٌ حَكِيمٌ
Those among you who pass away and leave behind spouses, it is incumbent upon them to bequeath to their wives provision until one year, without their expulsion. But if they choose to depart, there is no sin upon you for what they lawfully do concerning themselves. And Allah is Almighty, Wise.
وَلِلْمُطَلَّقَاتِ مَتَاعٌ بِالْمَعْرُوفِ ۖ حَقًّا عَلَى الْمُتَّقِينَ
And for the divorced women is a reasonable provision as a right upon the righteous.
These verses, by stressing sustenance provision and dignity preservation, manifest divine wisdom in regulating family relations. Verse 240, referring to the bequest for spousal sustenance for one year, and verse 241, emphasising the rights of divorced women, present a comprehensive and just system.
Verses 240 and 241, as the final passages on rulings concerning death and divorce, address familial and social relations with comprehensiveness and coherence, underscoring the preservation of womens dignity and honour. These verses, by stipulating bequest and sustenance provision, delineate a legal framework attentive not only to material necessities but also to the spiritual and social facets of womens lives.
Contrary to certain jurisprudential opinions that regard verse 240 as abrogated, this verse constitutes an independent and complementary ruling alongside the laws of inheritance and iddah. Emphasising non-abrogation reflects the binding nature of the bequest for spousal provision for one year.
Verse 240, through the phrase وَصِيَّةً لِأَزْوَاجِهِمْ, commands men to bequeath to their wives so that after their death they are neither expelled from the household nor deprived of sustenance. This ruling, beyond inheritance rights, prevents women from being subjected to harassment by heirs.
The expression مَتَاعًا إِلَى الْحَوْلِ denotes provision of lifes necessities to the wife for one year following the husbands death. This divine ruling, independent of personal bequest, permits the woman to remain in the marital home and utilise the households facilities, as if she remains a life partner.
The one-year iddah period offers the woman a peaceful interval to contemplate her future, her children, and her life. This duration is designed not solely for sustenance but also to maintain dignity and prevent hasty decisions, as though it were a garden wherein the saplings of foresight and wisdom are planted.
The phrase فَإِنْ خَرَجْنَ فَلَا جُنَاحَ عَلَيْكُمْ refers to the womans liberty to leave the shared household. This freedom, conditional upon observance of religious and customary proprieties, indicates the womans autonomy in personal decisions such as remarriage or residence.
The term مَتَاعٌ signifies provision of lifes necessities in a dignified manner, encompassing freedom of movement, access to financial resources, and preservation of social standing. This ruling removes unwarranted constraints from the woman and safeguards her like a flower in the garden of life from all pressure and humiliation.
The rulings on bequest and provision in verses 240 and 241, by emphasising preservation of dignity and independence of women, delineate a legal framework protecting them from abuse and humiliation. These rulings, granting freedom in decision-making and sustenance, guide women towards a dignified life.
One of the social afflictions is the harassment of women by heirs or children after the husbands death. Some heirs consider the wife as an unwelcome guest, expelling or pressurising her. Such behaviour contradicts the spirit of verse 240, which emphasises غَيْرَ إِخْرَاجٍ.
Chivalry is a trait that encourages men to bequeath for sustaining the wife after death. This bequest, notably the allocation of one-third of assets to the woman, liberates her from the captivity of heirs, like a shield protecting her from lifes storms.
Designating one-third of the assets to the woman serves to preserve her honour and independence. This bequest frees the woman from reliance on children or others and maintains her as a steadfast pillar within the household.
Islam, by divine wisdom, does not desire the woman to remain indefinitely in the shared home, deprived of lifes dynamism. The one-year iddah is an opportunity for prudent decision-making and establishing a new life, preventing isolation and loneliness, as if she were a bird that, after a brief pause, soars towards the sky.
Historically, some undesirable practices within religious scholarship, such as withdrawing financial support from the deceased scholars wife or encouraging temporary marriage, have demeaned women. These behaviours conflict with the spirit of Quranic verses and require reform.
Some children, after the fathers death, pressure the mother or expel her from the home. Such conduct is not only unethical but explicitly contravenes divine commands emphasizing respect for parents and preservation of their dignity.
Unwarranted interference by relatives, such as uncles or aunts, in the womans life following the husbands death frequently leads to imposition or harassment. Such interference conflicts with the womans independence highlighted in verse 240.
Critiquing undesirable social practices and stressing chivalry demonstrate the necessity of reforming familial and societal culture. Divine rulings, emphasising bequest, prohibition of expulsion, and preservation of womens independence, pave a path towards justice and human dignity.
The phrase فِيمَا فَعَلْنَ فِي أَنْفُسِهِنَّ مِنْ مَعْرُوفٍ refers to the womans autonomy in personal decisions such as remarriage or residence. This freedom, conditional upon adherence to religious and customary proprieties, excludes interference by children or others.
The conclusion of verse 240, referencing عَزِيزٌ حَكِيمٌ, underscores divine honour and wisdom in legislation. This honour encompasses preservation of the womans dignity and prevention of her humiliation after the husbands death