that it means conjecture; that is, if you suspect a breach between them.

In summary: if discord arises between the spouses (1) and their situation becomes unclear, such that the husband neither pardons nor separates, and the wife neither fulfills her obligation nor offers compensation, and they resort to what is unlawful in word and deed, the imam should appoint an arbiter from his family for him and an arbiter from her family for her—two free and upright men. Each arbiter should ascertain the view of the person to whom he has been assigned: whether he or she desires reconciliation (2) or separation. The two arbiters should then meet and carry out whatever course they jointly consider best. This is the meaning of His saying, glorified and exalted is He: “Appoint an arbiter from his family and an arbiter from her family. If they both desire reconciliation, Allah will bring about harmony between them.” That is, if the two arbiters desire reconciliation, “Allah will bring about harmony between them,” meaning between the spouses. It was also said: between the two arbiters. “Indeed, Allah is All-Knowing, All-Aware.”

Abd al-Wahhab ibn Muhammad al-Kisa'i informed us: Abd al-Aziz ibn Ahmad al-Khallal informed us; Abu al-Abbas al-Asamm informed us; al-Rabi informed us; al-Shafi'i informed us; al-Thaqafi informed us, from Ayyub, from Ibn Sirin, from (3) Ubaydah, who said concerning this verse—“And if you fear a breach between them, appoint an arbiter from his family and an arbiter from her family”—that a man and a woman came before Ali ibn Abi Talib, may Allah be pleased with him, each accompanied by a large group of people. Ali, may Allah be pleased with him, instructed them, and they appointed an arbiter from his family and an arbiter from her family. He then said to the two arbiters, “Do you know what is required of you? If you see fit to reconcile them, then reconcile them; and if you see fit to separate them, then separate them.” The woman said, “I accept Allah’s Book with respect to what it imposes upon me and grants me.” The man said, “But as for separation, no.” Ali, may Allah be pleased with him, said, “By Allah, you are lying! Not until you acknowledge what she has acknowledged.” (4)

Scholars differed over whether the two arbiters may be appointed without the spouses’ consent. The sounder of the two views is that this is not permissible except with their consent. The husband’s arbiter may not divorce her without his consent, nor may the wife’s arbiter arrange a compensatory divorce in return for her property except with her permission. This is the view of the proponents of legal reasoning, because when the man said, “But as for separation, no,” Ali, may Allah be pleased with him, replied, “You are lying! Not until you acknowledge what she has acknowledged.” This establishes that carrying out the decision depends upon his acknowledgment and consent.

The second view is that the two arbiters may be appointed without the spouses’ consent; that the husband’s arbiter may divorce her without his consent, and the wife’s arbiter may arrange a compensatory divorce without her consent, if they consider it to be in the best interest—just as a judge rules between two disputants even if his ruling does not accord with their wishes. This was the view of Malik. Those who held this view said that Ali’s statement to the man, “Not until you acknowledge,” did not mean that his consent was a condition. Rather, its meaning was that the woman accepted what is contained in Allah’s Book, while the man said, “But as for separation, no”—meaning that separation is not in Allah’s Book. (5) Ali then said, “You are lying,” because he denied that separation is in Allah’s Book. Rather, it is in Allah’s Book, for indeed