Source: Ibn Kathir
A Gift and no (Iddah) for Women Who are divorced before Consummation of the Marriage
This Ayah contains many rulings, including the use of the word Nikah for the marriage contract alone. There is no other Ayah in the Qur'an that is clearer than this on this point. It also indicates that it is permissible to divorce a woman before consummating the marriage with her.
(believing women) this refers to what is usually the case, although there is no difference between a believing (Muslim) woman and a woman of the People of the Book in this regard, according to scholarly consensus.
(When you marry believing women, and then divorce them) The marriage contract here is followed by divorce, which indicates that the divorce cannot be valid if it comes first. Ibn Abi Hatim recorded that Ibn `Abbas, may Allah be pleased with him, said, "If someone were to say, `every woman I marry will ipso facto be divorced,' this does not mean anything, because Allah says:
(O you who believe! When you marry believing women, and then divorce them....).'' It was also reported that Ibn `Abbas, may Allah be pleased with him, said: "Allah said,
(When you marry believing women, and then divorce them.) Do you not see that divorce comes after marriage''
(no `Iddah have you to count in respect of them.) This is a command on which the scholars are agreed, that if a woman is divorced before the marriage is consummated, she does not have to observe the `Iddah (prescribed period for divorce) and she may go and get married immediately to whomever she wishes. The only exception in this regard is a woman whose husband died, in which case she has to observe an `Iddah of four months and ten days even if the marriage was not consummated. This is also according to the consensus of the scholars.
(So, give them a present, and set them free in a handsome manner.) The present here refers to something more general than half of the named dowry or a special gift that has not been named. Allah says:
(And if you divorce them before you have touched (had a sexual relation with) them, and you have fixed unto them their due (dowry) then pay half of that) (2:237).
And Allah says:
(There is no sin on you if you divorce women while yet you have not touched them, nor fixed unto them their due (dowry). But bestow on them a gift, the rich according to his means, and the poor according to his means, a gift of reasonable amount is a duty on the doers of good.) (2:236) In Sahih Al-Bukhari, it was recorded that Sahl bin Sa`d and Abu Usayd, may Allah be pleased with them both, said, "The Messenger of Allah married Umaymah bint Sharahil, and when she entered upon him he reached out his hand towards her, and it was as if she did not like that, so he told Abu Usayd to give her two garments.'' `Ali bin Abi Talhah reported that Ibn `Abbas, may Allah be pleased with him, said "If the dowry had been named, she would not be entitled to more than half, but if the dowry is not been named, he should give her a gift according to his means, and this is the "handsome manner.''
The Women who are Lawful for the Prophet
(those (slaves) whom your right hand possesses whom Allah has given to you,) means, `the slave-girls whom you took from the war booty are also permitted to you.' He owned Safiyyah and Juwayriyah, then he manumitted them and married them, and he owned Rayhanah bint Sham`un An-Nadariyyah and Mariyah Al-Qibtiyyah, the mother of his son Ibrahim, upon him be peace; they were both among the prisoners, may Allah be pleased with them.
(and the daughters of your paternal uncles and the daughters of your paternal aunts and the daughters of your maternal uncles and the daughters of your maternal aunts) This is justice which avoids going to either extreme, for the Christians do not marry a woman unless there are seven grandfathers between the man and the woman (i.e., they are very distantly related or not at all), and the Jews allow a man to marry his brother's daughter or his sister's daughter. So the pure and perfect Shari`ah came to cancel out the extremes of the Christians, and permitted marriage to the daughter of a paternal uncle or aunt, or the daughter of a maternal uncle or aunt, and forbade the excesses of the Jews who allowed marriage to the daughter of a brother or sister which is an abhorrent thing.
(and a believing woman if she offers herself to the Prophet, and the Prophet wishes to marry her -- a privilege for you only,) means, `also lawful for you, O Prophet, is a believing woman if she offers herself to you, to marry her without a dowry, if you wish to do so.'
(a privilege for you only, not for the (rest of) the believers.) `Ikrimah said: "This means, it is not permissible for anyone else to marry a woman who offers herself to him; if a woman offers herself to a man, it is not permissible for him (to marry her) unless he gives her something.''
(a privilege for you only, not for the (rest of) the believers.) no woman has the right to offer herself to any man without a Wali or a dowery, except to the Prophet .
(Indeed We know what We have enjoined upon them about their wives and those (servants) whom their right hands possess,) Ubayy bin Ka`b, Mujahid, Al-Hasan, Qatadah and Ibn Jarir said, concerning the Ayah:
(Indeed We know what We have enjoined upon them about their wives) means, `concerning the limiting of their number to four free women, and whatever they wish of slave-girls, and the conditions of a representative, dowery and witnesses to the marriage. This is with regard to the Ummah (the people), but We have granted an exemption in your case and have not imposed any of these obligations upon you.'
(in order that there should be no difficulty on you. And Allah is Ever Oft-Forgiving, Most Merciful.)
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