—whether he seeks reconciliation or not. The mention of this qualifier, then, is meant to encourage compliance with Allah’s command that the husband intend reconciliation, and to forbid him from taking her back merely to cause harm—even though, in principle, he is permitted to take her back. This is like His words: “Retain them with kindness, or release them with kindness.” (2:231)
Other scholars have understood the qualifier according to the general rule: the husband has no right to reclaim his wife during her waiting-period unless he truly intends reconciliation. Should his purpose be the opposite, he has no entitlement to take her back—and this is the correct view.
Another example is His statement: “If you are on a journey and cannot find a scribe, then a pledged item may be taken into possession.” (2:283) Although a pledge is valid whether one is travelling or at home, the benefit of this qualifier is that Allah cited the most acute circumstances in which a pledge is needed: one is travelling, no scribe is available, and the pledged item is actually in hand. At such a moment a person’s need for a pledge is greatest, for no other form of documentation is possible except a tangible pledge in the creditor’s possession. Just as some applied the travel qualifier, the sound position is the same regarding the phrase “taken into possession”: physical possession is not a condition for the validity of the pledge; it is mentioned only for added caution and firmer security, and the same applies to the absence of the scribe.
Likewise, He says: “Call to witness two men from among your own men; but if two men are not available, then one man and two women from among those you approve as witnesses.” (2:282) A claim can, in fact, be established by one man and two women even when two men are present. Yet Allah cited the most complete arrangement for preserving people’s rights. Proof of this is that the Prophet ﷺ adjudicated on the basis of a single witness together with an oath, while this verse omits that case for a wisdom: it guides the believers to the highest standard by which they may safeguard their rights, secure their peace of mind, and put an end to disputes and contention.
As for His words: “So remind, if the reminder benefits” (87:9), the verse actually belongs to the very principle under discussion. Some people imagine that it falls into the other category and that exhortation is required whether or not the reminder brings benefit,