Ubaid Allah said: Marwan sent to Fatimah and asked her, and she informed him that she was with Abu Hafs, and the Prophet (ﷺ) had appointed Ali ibn Abi Talib (meaning over a part of Yemen), and her husband went out with him. He sent her a pronouncement of divorce that remained for her, and he ordered Ayyash ibn Abi Rabi'ah and al-Harith ibn Hisham to provide maintenance for her. They said, 'By Allah, there is no maintenance for her unless she is pregnant.' So she came to the Prophet (ﷺ) and he said, 'There is no maintenance for you unless you are pregnant.' And she asked his permission to move, and he permitted her. She said, 'Where should I move, O Messenger of Allah?' He said, 'With Ibn Umm Maktum.' He was a blind man; she would lay aside her clothes with him and he would not see her. So she remained there until her waiting period passed, and the Prophet (ﷺ) married her to Usamah. Qabisah returned to Marwan and informed him of that. Marwan said, 'We have not heard this hadith except from a woman, so we will hold fast to the safeguard upon which we found the people.' When that reached Fatimah, she said, 'Between me and you is the Book of Allah. Allah, the Exalted, says:
‘Divorce them for their waiting period’until:
‘You do not know; perhaps Allah will bring about an affair after that.’She said, 'What affair would happen after the three?' Abu Dawud said: Likewise Yunus narrated it from al-Zuhri. As for al-Zubaidi, he narrated both hadiths: the hadith of Ubaid Allah in the meaning of Ma'mar, and the hadith of Abu Salamah in the meaning of Uqayl. And Muhammad ibn Ishaq narrated it from al-Zuhri that Qabisah ibn Dhuwaib narrated to him in a meaning that pointed to the report of Ubaid Allah ibn Abd Allah when he said: So Qabisah returned to Marwan and informed him of 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.