Abu 'Amr ibn Hafs divorced Fatimah bint Qais an irrevocable divorce while he was away, and he sent her an agent with some barley. She was displeased with it, and he said, 'By Allah, you have nothing due from us.' She came to the Messenger of Allah (ﷺ) and mentioned that to her, and he said to her, 'You are not entitled to any maintenance from him.' He ordered her to observe her waiting period in the house of Umm Sharik, but then said, 'That is a woman whom my companions visit. Observe your waiting period in the house of Ibn Umm Maktum, for he is a blind man; you can put off your garments there, and when you have finished your waiting period, inform me.' She said: When I had finished my waiting period, I mentioned to him that Mu'awiyah ibn Abi Sufyan and Abu Jahm had proposed to me. The Messenger of Allah (ﷺ) said, 'As for Abu Jahm, he does not put his staff down from his shoulder, and as for Mu'awiyah, he is a destitute man with no wealth; marry Usamah ibn Zaid.' She said: I disliked him. Then he said, 'Marry Usamah ibn Zaid.' So I married him, and Allah, the Exalted, placed much good in it, and I was blessed through him.
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.