‘Ubaid Allah said “Marwan sent someone (Qabisah) to Fatimah and asked her (about the case). She said that she was the wife of Abu Hafs. The Prophet (ﷺ) appointed ‘Ali as governor in a certain part of Yemen. Her husband also proceeded with him. From there he sent a message to her pronouncing one divorce that had yet remained. He commanded ‘Ayyash bin Abi Rabi’ah and Al Harith bin Hisham to provide maintenance to her. They said “By Allah there is no sustenance for her except in case she is pregnant.” She came to the Prophet(ﷺ) who said “There is no sustenance for you except in case you are pregnant. She then asked permission to shift (from her house) and he gave her permission.” She asked “Where should I shift. Apostle of Allaah(ﷺ)? The Apostle of Allaah(ﷺ) said to Ibn Umm Maktum. He was blind. She would undress herself and he could not see her. She lived there till her waiting period passed. The Prophet (ﷺ) married her to Usamah. Qabisah then returned to Marwan and narrated that to him. Marwan said “We did not hear this tradition except from a woman, so we shall follow the reliable practice on which we found the people”. When this reached Fatimah she said “between me and you is the Book of Allah”. Allaah the exalted said “Divorce them for their waiting period...” Thou knowest not it may be that Allaah will afterward bring some new thing to pass. She said “What a new thing will emerge after triple divorce.” Abu Dawud said “A similar tradition has been narrated by Yunus on the authority of Al Zuhri. As for Al Zubaidi he narrated both traditions, the tradition of ‘Ubaid Allah in the version of Ma’mar and the tradition of Abu Salamah in the version of ‘Aqil.” Abu Dawud said “Muhammad bin Ishaq narrated on the authority of Al Zuhri that Qabisah bin Dhuwaib transmitted to him the version which was narrated by ‘Ubaid Allah bin ‘Abd Allaah which has Qabisah then returned to Marwan and informed him about that.”
Divorce (Kitab Al-Talaq) - Sunan Abi Dawud 2290
This narration from Sunan Abi Dawud presents a complex case of divorce jurisprudence involving Fatimah bint Qays and her husband Abu Hafs. The husband pronounced a single divorce while away in Yemen, leaving two divorces remaining. The Prophet (ﷺ) ruled that maintenance is only obligatory during the waiting period if the woman is pregnant, establishing an important legal principle in Islamic family law.
Scholarly Commentary on Maintenance During 'Iddah
Classical scholars explain that this hadith demonstrates the distinction between revocable and irrevocable divorce. When a husband pronounces one or two divorces (less than three), the marriage remains potentially revocable during the waiting period, and maintenance is obligatory. However, in cases of final divorce (three pronouncements), maintenance is only required if the woman is pregnant.
Imam al-Nawawi comments that this ruling reflects the wisdom of Islamic law in balancing the rights of both spouses while ensuring the protection of potential offspring.
Jurisprudential Analysis of Housing Arrangements
The Prophet's permission for Fatimah to move to Ibn Umm Maktum's house, despite his blindness, illustrates the careful consideration given to women's privacy and dignity during their waiting period. Scholars note that this arrangement ensured both proper observance of the waiting period and protection of the woman's modesty.
Ibn Qudamah al-Maqdisi emphasizes that the primary consideration is providing suitable accommodation that maintains the woman's honor while fulfilling the legal requirements of 'iddah.
Theological Implications of Marwan's Objection
Marwan's hesitation to accept the narration because it came through a female narrator reflects the ongoing scholarly discussion about testimony and transmission. However, Fatimah's response citing Quranic evidence (Surah at-Talaq) demonstrates the authority of textual evidence over personal preference in Islamic jurisprudence.
Al-Qurtubi explains that this exchange highlights the importance of adhering to authentic Prophetic traditions regardless of the gender of the narrator, when the transmission is verified and reliable.