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English translation
1180. Fāṭimah bint Qais said: "My husband divorced me three times during the time of the Prophet ﷺ. So the Messenger of Allāh ﷺ said: 'There is no housing for you nor maintenance.'" Al-Mughirah (one of the narrators) said: "I mentioned that to Ibrāhīm and he said: Umar said: "We do not leave the Book of Allāh and the Sunnah of our Prophet for the saying of a woman, and we do not know if she remembered or forgot." And 'Umar used to give her (the divorced woman) housing and maintenance." (Sahih)
This was narrated to us from Aḥmad bin Manī' (who said): "Hushaim narrated to us: 'Hushain, Ismā'il and Mujālid informed us."
Hushaim said: "Dāwūd narrated it to us as well, from Ash-Sha'bī who said: 'I entered upon Fāṭimah bint Qais and asked her about the judgement of the Messenger of
Allāh ﷻ in her case. She said that she was divorced irrevocably by her husband and she argued with him for housing and maintenance, but the Prophet ﷺ did not grant her housing, nor maintenance."
And in the narration of Dāwud she said: "And he ordered me to stay at the home of Ibn Umm Maktūm during my Iddah."
(Abū 'Eisā said:) This Hadīth is Hasan Sahih.
This is the view of some of the people of knowledge, among them Al-Hasan Al-Baṣrī, 'Aṭā' bin Abī Rabāḥ, and Ash-Sha'bī, and it is the view of Aḥmad and Ishāq. And they said: The divorced woman gets neither housing nor maintenance when her husband does not have the ability to take her back.
Some of the people of knowledge among the Companions of the Prophet ﷺ – among them 'Umar and 'Abdullāh – said that the woman divorced three times gets housing and maintenance. This is the view of Sufyān Ath-Thawrī and the people of Al-Kūfah.
Some of the people of knowledge said that she gets housing but there is no maintenance for her. This is the view of Mālik bin Anas, Al-Laith bin Sa'd, and Ash-Shāfī'i. Ash-Shāfī'i said: "We only give her housing based upon the Book of Allāh, Allāh Most High said: And turn them not out of their homes, nor shall they (themselves) leave, except in the case they are guilty of
some open Fahishah.[1] And they say it (Fahishah) is to behave in a foul manner, that she misbehaves with her family, and they explain that the reason that Fāṭimah bint Qais was not granted housing by the Prophet ﷺ is that she had behaved in a foul manner with her family.”
Ash-Shāfi‘ī said: “And she gets no maintenance due to the Ḥadīth of the Prophet ﷺ about the story of Fāṭimah bin Qais.
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Commentary
This is agreed upon that one divorce which is revocable and three divorces which are irrevocable in both if a woman is pregnant has the right of housing and maintenance during her Iddah. (Probationary period of divorce.)
