"The people were such that a man would divorce his wife when he wanted to divorce her, and she remained his wife when he wanted to take her back while she was in her Iddah, and he could divorce a hundred times, or even more, such that a man could say to his wife: 'By Allah! I will neither divorce you irrevocably, nor give you residence ever!' She would say: 'And how is that?' He would say: 'I will divorce you, and whenever your Iddah is just about to end I will take you back. So a woman went to Aishah to inform her about that, and Aishah was silent until the Prophet came. So she told him and the Prophet was silent, until the Qur'an was revealed: Divorce is two times, after that, retain her on reasonable terms or release her with kindness.'" So Aishah said: "So the people could carry on with divorce in the future, (knowing) who was divorced, and who was not divorced."
The Book on Divorce and Li'an - Jami' at-Tirmidhi
Hadith Reference: Jami` at-Tirmidhi 1192
Historical Context of the Revelation
This narration describes the pre-Islamic practice of "tahlil divorce" where men would repeatedly divorce and reclaim their wives during the waiting period (iddah) to prevent them from ever being free. This abusive practice kept women in perpetual marital uncertainty.
Aishah's silence and the Prophet's initial silence indicate they awaited divine guidance for this complex matter, demonstrating the importance of seeking Allah's ruling in matters not explicitly addressed.
Divine Legislation of Limited Divorces
The Quranic verse revealed (Surah Al-Baqarah 2:229) established that divorce is permissible twice, after which a man must either retain his wife honorably or release her kindly. This divine limitation prevented the exploitation of divorce as a means of torment.
The third divorce becomes irrevocable, requiring a new marriage contract if reconciliation is desired. This system balances the right to divorce with protection against its misuse.
Scholarly Commentary on the Ruling
Classical scholars explain that this ruling brought clarity and justice to marital relationships. The counting of divorces became established, eliminating the previous confusion where women couldn't determine their actual marital status.
Imam Al-Qurtubi notes that this legislation protected women's dignity and established clear boundaries for divorce, transforming it from a tool of oppression into a regulated legal procedure with divine limits.
Practical Implications
Aishah's final statement highlights the practical benefit: women could now clearly know when they were truly divorced and free to remarry, bringing certainty to their legal and social status.
This ruling exemplifies Islam's progressive reform of pre-Islamic customs, establishing justice and mercy in family law while maintaining the permissibility of divorce as a last resort for irreconcilable differences.