If the husband leaves without informing his wife of the date of his return, and no news of him reaches her and all trace of him is lost, Baha'u'llah has stated that, should the husband have been aware of the law prescribed in the Kitab-i-Aqdas, the wife may remarry after waiting a full year. If, however, the husband was unaware of the law, the wife must wait until news of her husband reaches her (Q and A 4).
97. it behoveth her to wait for a period of nine months, after which there is no impediment to her taking another husband #67
In the event of the husband's failure, either to return at the end of the specified period of time or to notify his wife of a delay, the wife must wait nine months, after which she is free to remarry, though it is preferable for her to wait longer (see note 147 for the Baha'i calendar).
Baha'u'llah states that, in such circ.u.mstances, should news reach the wife of "her husband's death or murder", she must also wait nine months, prior to remarrying (Q and A 27). 'Abdu'l-Baha, in a Tablet, has further clarified that the nine months' waiting period following news of the husband's death applies only if the husband had been away at the time of his death, and not if he dies while at home.
98. she should choose the course that is praiseworthy #67
Baha'u'llah defines "the course that is praiseworthy" as "the exercise of patience" (Q and A 4).
99. two just witnesses #67
Baha'u'llah sets out "the criterion of justness" in relation to witnesses as "a good reputation among the people". He states that it is not necessary that the witnesses should be Baha'is since "The testimony of all G.o.d's servants, of whatever faith or creed, is acceptable before His Throne" (Q and A 79).
100. Should resentment or antipathy arise between husband and wife, he is not to divorce her but to bide in patience throughout the course of one whole year #68
Divorce is strongly condemned in the Baha'i Teachings. If, however, antipathy or resentment develop between the marriage partners, divorce is permissible after the lapse of one full year. During this year of patience, the husband is obliged to provide for the financial support of his wife and children, and the couple is urged to strive to reconcile their differences. Shoghi Effendi affirms that both the husband and wife "have equal right to ask for divorce" whenever either partner "feels it absolutely essential to do so".
In Questions and Answers, Baha'u'llah elaborates a number of issues concerning the year of patience, its observance (Q and A 12), establishing the date of its beginning (Q and A 19 and 40), the conditions for reconciliation (Q and A 38), and the role of witnesses and the Local House of Justice (Q and A 73 and 98). In relation to the witnesses, the Universal House of Justice has clarified that in these days the duties of the witnesses in cases of divorce are performed by the Spiritual a.s.semblies.
The detailed provisions of the Baha'i laws on divorce are summarized in the Synopsis and Codification, section IV.C.2.a.-i.
101. The Lord hath prohibited ... the practice to which ye formerly had recourse when thrice ye had divorced a woman. #68
This relates to a law of Islam set out in the Qur'an which decreed that under certain conditions a man could not remarry his divorced wife unless she had married and been divorced by another man. Baha'u'llah affirms that this is the practice which has been prohibited in the Kitab-i-Aqdas (Q and A 31).
102. He who hath divorced his wife may choose, upon the pa.s.sing of each month, to remarry her when there is mutual affection and consent, so long as she hath not taken another husband ... unless, clearly, her circ.u.mstances change. #68
Shoghi Effendi states, in a letter written on his behalf, that the intention of "the pa.s.sing of each month" is not to impose a limitation, and that it is possible for a divorced couple to remarry at any time after their divorce, so long as neither party is currently married to another person.
103. s.e.m.e.n is not unclean # 74
In a number of religious traditions and in S_h_i'ih Muslim practice s.e.m.e.n has been declared ritually unclean. Baha'u'llah has here dispelled this concept. See also note 106 below.
104. Cleave ye unto the cord of refinement #74
'Abdu'l-Baha refers to the effect of "purity and holiness, cleanliness and refinement" on the exaltation of "the human condition" and "the development of man's inner reality". He states: "The fact of having a pure and spotless body exercises an influence upon the spirit of man." (See also note 74.)
105. Wash ye every soiled thing with water that hath undergone no alteration in any one of the three respects #74
The "three respects" referred to in this verse are changes in the colour, taste or smell of the water. Baha'u'llah provides additional guidance concerning pure water and the point at which it is considered unsuitable for use (Q and A 91).
106. G.o.d hath ... abolished the concept of "uncleanness", whereby divers things and peoples have been held to be impure. #75
The concept of ritual "uncleanness", as understood and practised in some tribal societies and in the religious communities of certain earlier Dispensations, has been abolished by Baha'u'llah. He states that through His Revelation "all created things were immersed in the sea of purification". (See also notes 12, 20, and 103.)
107. first day of Ridvan #75
This is a reference to the arrival of Baha'u'llah and His companions in the Najibiyyih Garden outside the city of Bag_h_dad, subsequently referred to by the Baha'is as the Garden of Ridvan. This event, which took place thirty-one days after Naw-Ruz, in April 1863, signalized the commencement of the period during which Baha'u'llah declared His Mission to His companions. In a Tablet, He refers to His Declaration as "the Day of supreme felicity" and He describes the Garden of Ridvan as "the Spot from which He shed upon the whole of creation the splendours of His Name, the All-Merciful". Baha'u'llah spent twelve days in this Garden prior to departing for Istanbul, the place to which He had been banished.
The Declaration of Baha'u'llah is celebrated annually by the twelve-day Ridvan Festival, described by Shoghi Effendi as "the holiest and most significant of all Baha'i festivals" (see notes 138 and 140).