Abu Salamah bin ‘Abd Al Rahman reported on the authority of Fatimah daughter of Qais Abu ‘Amr bin Hafs divorced her (Fatimah daughter of Qais) absolutely when he was away from home and his agent sent her home barley. She was displeased with it. He said “I swear by Allah, you have no claim on us. She then came to Apostle of Allah (ﷺ) and mentioned that to him. He said to her “No maintenance is due to you from him. He ordered her to spend the waiting period in the house of Umm Sharik but he said afterwards “that is a woman whom my Companions visit. Spend the waiting period in the house of Ibn Umm Maktum for he is blind and you can undress. Then when you are in a position of being remarried, tell me.” She said “When I was in a position to remarry, I mentioned to him that Mu’awiyah bin Abi Sufyan and Abu Jahm had asked me in marriage. The Apostle of Allah (ﷺ)said “As for Abu Jahm, he does not put down his stick from his shoulder, and as for Mu’awiyah he is a poor man who has no property; marry Usamah bin Zaid. I disliked him but he said “Marry Usamah bin Zaid. So, I married him. And Allah prospered him very much and I was envied.”
Hadith Commentary: Divorce (Kitab Al-Talaq)
Sunan Abi Dawud 2284 - This narration from Fatimah bint Qais contains several important legal rulings concerning divorce, maintenance, waiting period ('iddah), and remarriage that require careful scholarly analysis.
The Threefold Divorce
The absolute divorce mentioned indicates a triple talaq pronounced simultaneously, which scholars consider irrevocable. The husband's absence during this pronouncement raises questions about validity, though the Prophet's subsequent rulings confirm its effectiveness.
Maintenance During 'Iddah
The Prophet's ruling that no maintenance is due reflects the position that a thrice-divorced woman is not entitled to sustenance during her waiting period, unlike women in revocable divorces. This distinction is crucial in Islamic jurisprudence.
Residence During Waiting Period
The initial instruction to reside with Umm Sharik was reconsidered due to concerns about male visitors. The final ruling to stay with Ibn Umm Maktum, a blind man, demonstrates the Shari'ah's emphasis on preventing potential fitnah (temptation) while ensuring the woman's comfort and privacy.
Marriage Guidance
The Prophet's assessment of potential suitors - rejecting Abu Jahm for his harsh temperament and Mu'awiyah for his poverty - then insisting on Usamah bin Zaid despite her initial dislike, shows the importance of considering character over worldly preferences. The subsequent prosperity validates this divine guidance.
Legal Implications
This hadith establishes that a woman irrevocably divorced is not entitled to maintenance during 'iddah, must observe her waiting period in appropriate accommodation, and should seek pious spouses based on religious merit rather than worldly considerations.