Divorce Section · 39 – Maintenance for a Woman Divorced by Talaq
Fatima bint Kays (may Allah be pleased with her) related:
Eba Amr bin Hafs divorced her using the formula of “certainty.” She was left without anyone present, and he sent his agent to Fatima with a small amount of barley. Fatima became angry at this.
The agent said, "I swear by Allah that you have no right to maintenance from us."
The woman came to the Messenger of Allah (peace and blessings be upon him) and informed him that she was not being given maintenance.
The Messenger of Allah (peace and blessings be upon him) said, “You are divorced with a revokable divorce, and it is not obligatory on your husband to provide you with maintenance.” And he ordered her to complete her waiting period at the home of Umm Sharik. Then the Messenger of Allah (peace and blessings be upon him) said: "Umm Sharik is a woman whom my companions can visit. Complete your waiting period at the home of Abdullah ibn Umm Maktum, for Abdullah ibn Umm Maktum is a man." When your waiting period is complete, inform me.”
Fatima then said: “When I became lawful, I told him that Muawiya bin Sufyan and Abu Jahm desired me.”
The Messenger of Allah (peace and blessings be upon him) said, "But Abu Jahm never lowers his stick [he beats women excessively], and Muawiya is poor; he has no wealth. Marry Usama ibn Zayd." Fatima said: “I did not like marrying Usama,” so the Messenger of Allah (peace and blessings be upon him) repeated, “Marry Usama ibn Zayd.” I saw much good in it, and people envied me. [222]
COMMENTARY
*Tesehhadat:* Means to consider something insignificant or little.
*’Aziniy*: Means "inform me."
"Certainly": In this hadith, it signifies divorce. This hadith provides evidence that a woman divorced with three revocable divorces is not entitled to maintenance or a place of residence from her husband, unless she is pregnant.
According to the Hanafi school: A waiting woman is obligated to receive maintenance and a place of residence whether she is pregnant or not. Malik and Shafi’i: A suitable place for residing is obligatory. Ahmed bin Hanbal says that neither house nor maintenance is given.
From Abu Salama bin Abdurrahman, from whom Kays's daughter Fatima reported: Abu Hafs bin Mughira divorced Fatima with three divorces; the narrator transmitted this report concerning that matter. This narration contains these expressions: Khalid bin al-Walid and someone from Banu Mahzum came to the Messenger of Allah, peace be upon him, and said, “O Messenger of Allah! Abu Hafs bin Mughira has divorced his wife with three divorces and left her a meager provision.” The Messenger of Allah, peace be upon him, said, "There is no provision for Fatima." The narrator transmitted the report. Malik’s hadith is more complete.
Fatima, daughter of Kays (may Allah be pleased with her), related:
Abu Amr bin Hafs al-Mahzumi divorced her three times; the narrator of this hadith and Khalid bin Walid reported that the Messenger of Allah (peace and blessings upon him) said, “There is no provision nor a place of residence for Fatima, daughter of Kays.” Then the narrator mentioned another hadith related to this matter, and in that narration it is stated: The Messenger of Allah (peace and blessings upon him) sent word to Fatima, "Do not make an agreement about your marriage without consulting me."
Fatima bintu Yas (may Allah be pleased with her) related: I was married to a man from Banu Mahzum, and he divorced me three times. Then the narrator proceeded with something similar to Malik’s hadith, wherein the Messenger of Allah (peace and blessings upon him) said, “Do not cause me to be overlooked regarding my person (do not make promises of marriage to anyone without consulting me).”
Fatima bint Kays (may Allah be pleased with her) related:
Her husband divorced her three times. The Messenger of Allah (peace and blessings upon him) did not assign maintenance or lodging to Fatima during her waiting period.
Abu Salamah reported on the authority of Fatima bint al-Kays, who was married to Abu Hafs bin Mughira. Abu Hafs bin Mughira divorced her with three divorces. Fatima (in the remainder of this narration) said that while she was observing 'iddah after being divorced from her husband, she came to the Messenger of Allah, peace and blessings be upon him, and asked for a legal opinion regarding leaving her home. The Messenger of Allah, peace and blessings be upon him, ordered her to go to the house of Ummu Maktum, who was blind.
However, Mervan ibn al-Hakam hesitated about accepting Fatima bint al-Kays’s statement concerning a woman who has been divorced three times leaving her husband's home. Urwa said: Aisha reported that she did not find Fatima bint al-Kays’s report acceptable.
Ubaydullah (may Allah be pleased with him) narrated:
Mervan sent a message to Fatima inquiring about an event that transpired between her and her husband. Fatima responded, relating the incident as follows: While she was with Abu Hafsa, the Messenger of Allah (peace and blessings upon him) appointed Ali ibn Abi Talib to govern certain Yemen tribes, and her husband accompanied him. From Yemen, he sent news divorcing her with a revocable divorce. They said, "Indeed, they do not owe her maintenance; however, maintenance is required if she is pregnant."
Thereupon, Fatima came to the Messenger of Allah (peace and blessings upon him), who said, “They do not owe you maintenance unless you are pregnant.” She requested permission to relocate from where she was observing her waiting period. The Messenger of Allah (peace and blessings upon him) granted her permission. Fatima said, "Where shall I move, O Messenger of Allah?" He replied, “To Ibn Maktum’s place.”
Ummu Maktum was blind. She could remove her covering in his presence, as he could not see. She remained there until the end of her waiting period. The Messenger of Allah (peace and blessings upon him) then married her to Usama. The envoy Kaba informed Mervan about this, and Mervan said: “We have heard this account from no one but a woman; we adhere to the strong ruling that people are upon.”
When these words reached Fatima, she said: "Between me and you is Allah’s Book. Allah Most High has stated, ‘Divorce your wives at their appointed term.’ Perhaps Allah will then institute an ordinance, which you do not know."
Fatima further said: “After three revocable divorces, what ordinance would Allah institute?”