The tradition mentioned above has also been transmitted by Al Sha’bi through a different chain of narrators. This version has “The husband of Fathima daughter of Qais pronounced her triple divorce. The Prophet (ﷺ) did not allow her to have maintenance and dwelling.”
Hadith Context & Ruling
This narration from Sunan Abi Dawud 2288 addresses the case of Fāṭima bint Qays, whose husband pronounced three divorces (triple ṭalāq) simultaneously. The Prophet (ﷺ) ruled she was not entitled to maintenance (nafaqah) or housing (suknā) during her waiting period (ʿiddah).
This ruling applies specifically to a woman who has received a final, irrevocable divorce (ba'inah kubrā) and is not pregnant. In such cases, her waiting period is three menstrual cycles, during which she must support herself.
Scholarly Commentary
Classical scholars explain that maintenance and housing are obligatory only during a revocable divorce (ṭalāq rajʿī), where the husband retains the right to reconcile. In Fāṭima's case, the triple divorce was immediately irrevocable, severing the marital bond completely.
Imam al-Nawawī notes this hadith demonstrates that a thrice-divorced woman's waiting period is spent in her own family's home, not the husband's residence. This preserves boundaries since reconciliation is no longer permissible.
Jurisprudential Differences
Some companions like ʿUmar ibn al-Khaṭṭāb initially held different opinions, reflecting early scholarly discourse. The majority position, however, follows the Prophet's explicit ruling in this authentic narration.
Hanafī scholars condition this ruling on the woman having alternative accommodation. If she lacks shelter, the husband must provide basic housing during ʿiddah even in irrevocable divorce, following principles of necessity (ḍarūrah).