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English translation
2290. It was reported from Ma'mar from Az-Zuhri, from 'Ubaidullāh, who said: "Marwān sent (Qabiṣah) to Fāṭimah bint Qais to ask her (about her story). She informed him that she was married to Abū Ḥaṣṣ, and the Prophet ﷺ had made 'Ali a governor over a part of Yemen. So Abū Ḥaṣṣ went with him, and sent
her a divorce that was remaining (the third divorce). And he commanded Ayyāsh bin Abī Rabī'ah and Al-Hārīth bin Hishām to support her, but they both said: 'By Allāh! She is not entitled to any maintenance, unless she be pregnant.' So she went to the Prophet ﷺ, who said: 'You are not entitled to any maintenance unless you are pregnant.' She asked his permission to move (to another house), and he gave her permission. She then said: 'Where shall I move to, O Messenger of Allāh?' He replied: 'To (the house) of Ibn Umm Maktūm — and he was a blind man — for you can take off (change) your garments in front of him and he will not see you.' She remained there until her waiting period finished, and then the Prophet ﷺ married her to Usāmah.
"Qabiṣah then returned to Marwān and informed him of this. Marwān replied: 'We have not heard this Hadīth except from (this) woman, so we will take the safer opinion which we found the people following.' When Fātimah heard this, she replied: '(The judge) between us is the Book of Allāh, for Allāh says: Divorce them for their waiting periods..., until... perhaps Allāh will bring something new to pass.'[1] She said: 'So what new thing can happen after the third?'" (Ṣaḥīh)
Abū Dāwūd said: Yūnus reported
it like that from Az-Zuhri. As for Az-Zubaidi, he reported both of the Aḥādīth; that of 'Ubaidullāh, with the meaning narrated by Ma'mar, and that of Abū Salamah with the meaning narrated by 'Uqail.
Abū Dāwūd said: Muḥammad bin Ishāq reported it from Az-Zuhri; that Qabiṣah bin Dhuwaib narrated to him, with a meaning supporting the narration of 'Ubaidullāh bin 'Abdullāh when he said: "So Qabiṣah returned to Marwān and informed him of this."
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Footnotes
1
[1] At-Talaq 65:1.
Commentary
The opinion of Marwān bin Ḥakam, 'Āishah, and 'Umar bin Al-Khaṭṭāb was that an irrevocably divorced woman had a right to be provided a place to live during her Iddah, and that the husband must provide that. But the statement of Fātimah bint Qais is clearer and has more weight, especially because she was the woman in this case, and it was she who had been divorced. So, obviously, her statement, quoting the Prophet ﷺ, that 'an irrevocably divorced woman had no right to maintenance and housing' has more weight. The foregoing Verses of the Qur'an seem to suggest that they concern women who have been given revocable divorces, not those irrevocably divorced.
