The Ruling Concerning Desertion on the Part of the Husband
Allah says;
وَإِنِ امْرَأَةٌ خَافَتْ مِن بَعْلِهَا نُشُوزًا أَوْ إِعْرَاضًا
And if a woman fears cruelty or desertion on her husband's part,
Allah states, and thus legislates accordingly, that sometimes, the man inclines away from his wife, sometimes towards her and sometimes he parts with her.
In the first case, when the wife fears that her husband is steering away from her or deserting her, she is allowed to forfeit all or part of her rights, such as provisions, clothing, dwelling, and so forth, and the husband is allowed to accept such concessions from her. Hence, there is no harm if she offers such concessions, and if her husband accepts them.
This is why Allah said,
فَلَ جُنَاْحَ عَلَيْهِمَا أَن يُصْلِحَا بَيْنَهُمَا صُلْحًا
there is no sin on them both if they make terms of peace between themselves;
He then said,
وَالصُّلْحُ خَيْرٌ
and making peace is better, (than divorce).
Allah's statement,
وَأُحْضِرَتِ الَانفُسُ الشُّحَّ
And human souls are swayed by greed.
means, coming to peaceful terms, even when it involves forfeiting some rights, is better than parting.
Abu Dawud At-Tayalisi recorded that Ibn Abbas said,
"Sawdah feared that the Messenger of Allah might divorce her and she said, `O Messenger of Allah! Do not divorce me; give my day to Aishah.' And he did, and later on Allah sent down,
وَإِنِ امْرَأَةٌ خَافَتْ مِن بَعْلِهَا نُشُوزًا أَوْ إِعْرَاضًا فَلَ جُنَاْحَ عَلَيْهِمَا
(And if a woman fears cruelty or desertion on her husband's part, there is no sin on them both).
Ibn Abbas said,
"Whatever (legal agreement) the spouses mutually agree to is allowed."
At-Tirmidhi recorded it and said, "Hasan Gharib".
In the Two Sahihs, it is recorded that Aishah said that;
when Sawdah bint Zam`ah became old, she forfeited her day to Aishah, and the Prophet used to spend Sawdah's night with Aishah.
There is a similar narration also collected by Al-Bukhari.
Al-Bukhari also recorded that A'ishah commented;
وَإِنِ امْرَأَةٌ خَافَتْ مِن بَعْلِهَا نُشُوزًا أَوْ إِعْرَاضًا
(And if a woman fears cruelty or desertion on her husband's part), that it refers to,
"A man who is married to an old woman, and he does not desire her and wants to divorce her. So she says, `I forfeit my right on you.' So this Ayah was revealed."
Meaning of "Making Peace is Better
Allah said,
وَالصُّلْحُ خَيْرٌ
And making peace is better.
Ali bin Abi Talhah related that Ibn Abbas said that the Ayah refers to,
"When the husband gives his wife the choice between staying with him or leaving him, as this is better than the husband preferring other wives to her."
However, the apparent wording of the Ayah refers to the settlement where the wife forfeits some of the rights she has over her husband, with the husband agreeing to this concession, and that this settlement is better than divorce.
For instance, the Prophet kept Sawdah bint Zam`ah as his wife after she offered to forfeit her day for Aishah. By keeping her among his wives, his Ummah may follow this kind of settlement. Since settlement and peace are better with Allah than parting,
Allah said,
وَالصُّلْحُ خَيْرٌ
and making peace is better.
Divorce is not preferred with Allah.
The meaning of Allah's statement,
وَإِن تُحْسِنُواْ وَتَتَّقُواْ فَإِنَّ اللّهَ كَانَ بِمَا تَعْمَلُونَ خَبِيرًا
But if you do good and have Taqwa, verily, Allah is Ever Well-Acquainted with what you do.
if you are patient with the wife you dislike and treat her as other wives are treated, then Allah knows what you do and will reward you for it perfectly.
Allah's statement