Peace zachlipset,
You're right. A covenant is required (agreement), which is what i stated earlier about agreeing upon the ujoor, but I'm sorry, there is no written contract here, and so this goes back to Shams' point, that coming together is an agreement too. There is no formal, physical contract required that has to be signed infront of witnesses.
2236 clearly contradicts what you are saying
2236 And if you divorce them before having sexual intercourse with them, but you have already agreed to the dowry; then you must give half of what you have agreed, unless they forgive or the guardian over the marriage contract forgives.
As Sytalls pointed out there is clearly a guardian over the marriage contract which clearly shows that there has to be a witness, making it a formal, physical contract. As I said in my earlier post, one should not invent lies about The God.
These verses are concerning widowed women
First of all it does not matter if 2233 is about widows because the general subject is about divorce from 2225 onwards. Divorce after marrying a widow is the same as divorce after marrying a non-widow. 2234 is about widows because of the words "these women" and talks about proposing the widows and fulfilling the interim after becoming widow, before getting married. 2235 again talks about divorce in general, the same subject that started from 2225 onwards, which is clear from the words "the women"
2225 For those who are discontent with their wives, let them wait for four months. If they reconcile, then God is Forgiving, Most Merciful.
2226 And if they insist on the divorce, then God is Hearer, Knowledgeable.
2227 And the divorced women shall wait for three menstruation periods; and it is not lawful for them to conceal what God has created in their wombs, if they believe in God and the Last Day. And their husbands would then have just cause to return together, if they both wish to reconcile. And for what obligations the women are owed, so similarly must they fulfil their obligations. But the men will have a greater responsibility over them in this. And God is Noble, Wise.
2228 The divorce is allowed twice. So, either they remain together equitably, or they part ways with kindness. And it is not lawful for you to take back anything you have given the women unless you fear that they will not uphold God's limits. So if you fear that they will not uphold God's limits, then there is no sin upon them for what is given back. These are God's limits so do not transgress them. And whoever shall transgress God's limits, then these are the wicked.
2229 So if he divorces her again, then she will not be lawful for him until she has married another husband. If the other husband divorces her, then there is no sin that they come back together if they think they will uphold God's limits.These are God's limits, He clarifies them for a people that know.
2230 And if you have divorced the women, and they have reached their required interim period, then either you remain together equitably, or part ways equitably. And do not reconcile with them so you can harm them out of animosity; whoever does so is doing wickedness to his soul; and do not take God's revelations lightly. And remember God's blessings towards you, and what was sent down to you of the Scripture and the wisdom, He warns you with it. And be aware of God and know that God is Knowledgeable in all things.
2231 And if you divorce the women, and they have reached their required interim period, then do not prevent them from remarrying their husbands if they amicably agree amongst themselves out of what is best. This is to remind any of you who believe in God and the Last Day, this is better for you and purer; and God knows while you do not know.
2232 And the divorced mothers are allowed to suckle their children two full years, if they wish to complete the suckling. And the man for whom the child is born is responsible for both their provisions and clothing equitably. We do not burden a soul beyond its means. No mother shall be harmed because of her child, nor shall a father be harmed because of his child. And for the guardian is the same requirement. So if they wish to separate out of mutual agreement and council, then there is no sin upon them. And if you want to hire nursing mothers, then there is no sin upon you if you return what you have been given equitably. And be aware of God, and know that God is watching over what you do.
2233 And for those of you who pass away and leave widows behind, then their widows will have a required interim period of four months and ten days. So when they reach their required interim, then there is no sin upon you for what they do to themselves equitably. And God is Expert to what you do.
2234 And there is no sin upon you if you openly propose marriage to these women, or you keep it between yourselves. God knows that you will be thinking of them, but do not meet them secretly, unless you have something righteous to say. And do not consummate the marriage until the required interim is reached in the Scripture. And know that God knows what is in your souls, so be aware of Him, and know that God is Forgiving, Compassionate.
2233 and 2234 about widows and how to propose and marry them, 2235 back to divorcing the women
2235 There is no sin upon you if you divorce the women before having sexual intercourse with them, or before committing to what was agreed for them. Let them have recompense, the rich according to his means, and the poor according to his means. Recompense which is in goodness, a responsibility for those in kindness.
2236 And if you divorce them before having sexual intercourse with them, but you have already agreed to the dowry; then you must give half of what you have agreed, unless they forgive or the guardian over the marriage contract forgives. And if you forgive, it is closer to righteousness. And do not forget the favour between you; God is Seer over what you do.
Widows or non-widows is irrelevent to the point I was making. The point is that one can be married and not had intercourse yet, and is still considered married. That is obvious from the words "if you divorce them BEFORE having sexual intercourse. So the marriage contract, or the state of being married has nothing to do with sexual intercourse or consummation of marriage.
thats why i said that marriage is after someone has intercourse as the word consummation itself means "fulfillment" or "achieving a goal".
The underlined part of your statement is completely wrong and off the mark. Please see my point above. Marriage is AFTER the marriage contract, and not after sexual intercourse, so theoretically one could get married and never have sexual intercourse, but one is still considered married. Marriage is BEFORE sexual intercourse.
So according to this, if you have intercourse with a woman, all that is required of you is to pay her wage, so there is no fornication as long as you pay the wage, and if you don't pay the wage, and you've already agreed to it, then it is "zina" as i stated before.
Again complete presumption and conjecture in the underlined portion of your statement. I will reiterate one should not invent lies about The God. According to 421 and 422 there has to be a binding marriage contract before getting intimate i.e. getting married before "enjoying". Then there is a list of women that a man is forbidden to marry. In 425 the topic started in 421 and 422 is continued. In 425 when The God mentions "enjoyment", that "enjoyment" is AFTER the binding marriage contract already mentioned in 422. The point is that AFTER THE MARRIAGE CONTRACT if one has "enjoyment" but has not given the ujoor yet, then one should give the ujoor soon after "enjoyment". Ideally one ahould have given the ujoor before "enjoyment" (AFTER GETTING MARRIED) but if one has not done so then ujoor can be given after "enjoyment" to fulfil the obligation already defined in the marriage contract. FOR SEX TO BE LAWFUL BOTH CONDITIONS HAVE TO BE MET MARRIAGE AND GIVING UJOOR. Read all the ayat from 421 onwards carefully and see the context
421 And if you wish to replace one wife instead of another, and you have given one of them a large amount, then do not take anything from it. Would you take it by falsehood while it is clearly a sin?
Here The God is talking about replacing one WIFE instead of another, clearly showing the wife being divorced is ALREADY MARRIED. The God is saying do not take back the dowry that you gave your wife when you divorce her.
422 And how can you take it when you have become intimate with each other, and the women have taken from you a strong covenant.
Here The God is explaining the reason why you cannot take back the dowry. The "becoming intimate with each other" mentioned in this ayat is AFTER marriage, i.e. after the women have taken from you a strong/firm/binding covenant/contract, and after the dowry has already been given. Then after that is the list of the women forbidden for a man to marry
423 And do not marry what your fathers had married from the women, except what has already been done. It is a lewdness, and an abhorrence, and a bad path.
424 Forbidden for you are your mothers, and your daughters, and your sisters, and your fathers' sisters, and your mothers' sisters, and the daughters of your brother, and the daughters of your sister, and your foster mothers who suckled you, and your sisters from suckling, and the mothers of your wives, and your step-daughters residing in your homes from your wives which you have already consummated the marriage with; if you have not consummated the marriage then there is no sin upon you; and the wives of your sons that are from your seed, and that you join between two sisters except what has already been done. God is Forgiving, Merciful.
425 And the already married from the women, except those who become widowed; God's scripture is over you; and permitted for you is what is beyond this, if you are seeking with your money to be protected and not for illicit sex. As for those whom you have already had joy with them, then you shall give them their wage as an obligation. There is no sin upon you for what you agree to after the obligation. God is Knowledgeable, Wise.
Here when The God is talking about the woman "who you already had joy with" is the same woman mentioned in 421 and 422 i.e. the WIFE, the one who already has the strong/binding/firm covenant/contract. It is the continuation of the same topic from 421 and 422. What is being said is that SEX IS LAWFUL ONLY WHEN BOTH CONDITIONS ARE MET MARRIAGE AND GIVING UJOOR.
426 And whoever of you cannot afford to marry the believing independent women, then from the still dependant believing young women. God is more aware of your faith, some of you to each other. You shall marry them with the permission of their parents and give them their wage in kindness; to be protected, not for illicit sex or taking lovers. If they become protected, then any of them who comes with lewdness shall have half the punishment of what is for the independent women of the retribution. This is for those who fear hardship from among you. But if you are patient it is better for you, and God is Forgiver, Merciful.
426 clearly mentions marriage first, then the ujoor. So one could be married and has not given the ujoor yet and has not had sexual intercourse yet. The marriage contract includes mentioning and defining the ujoor and agreeing to give the ujoor. The ujoor becomes obligatory AFTER the marriage. For sex to be lawful both conditions have to be met marriage (the physical, formal, legal marriage contract involving a witness) AND giving ujoor. Not just giving ujoor.
2235 There is no sin upon you if you divorce the women BEFORE having sexual intercourse with them, or BEFORE committing to what was agreed for them.
So one can be married and has not had sex yet, and has not given ujoor yet. Again
2236 And if you divorce them BEFORE having sexual intercourse with them, but you have already agreed to the dowry
This clearly shows that marriage (the marriage contract) includes agreeing to the dowry; the dowry is given AFTER marriage. So one can be married and has not given the ujoor yet, and has not had sexual intercourse yet.
Regards,
Tanveer