then Allah is All-Hearing, All-Knowing.” [al-Baqarah] This alludes to and indicates that divorce is disliked by Allah; this is a textual proof.

The rational proof is that divorce results in the breakup of the family, the woman’s loss and heartbreak—particularly if she has children, is poor, or has no one in the town. In such cases, divorcing her is even more disliked. It may also result in the man’s loss, for he may not find another wife. Moreover, if a man becomes known to divorce repeatedly, people will not marry their daughters to him. Thus, for many reasons, we say that it is disliked.

And it is recommended when there is harm, ...............................

Third: his statement, “And it is recommended when there is harm,” means harm to the woman. If he sees that she is being harmed, it is recommended for him to divorce her, even if he desires to remain with her. For example, suppose that after he married her, she developed a psychological illness—as frequently occurs; we ask Allah for well-being—and she became distressed and exhausted, and life with her husband could not be set right, though he loves her. In this case, we say that it is recommended for him to divorce her, because this is kindness to her by removing the harm from her.

As for what some tyrants do—may Allah protect us—they say, “I will not divorce her until she returns to me the dowry I gave her, or more.” This, may Allah protect us, is injustice. What ought to be done, if he sees that she is being harmed, is to set her free.

Should we say, in this situation, that he ought to consult her, or not? Should we say that he ought to tell her, for example, “As you can see, you have been afflicted with this condition. If you wish me to divorce you, there is no harm in it”? In this case, I am hesitant as to whether consulting her is recommended or not. The reason is that she may still desire her husband and say, “I wish to remain,” and her remaining would be