Commentary on the Hadith

This narration from Sahih Muslim 1481b addresses a statement attributed to Fatima bint Qays regarding maintenance for divorced women. The phrase "It is no good for Fatima to make mention of it" indicates scholarly disagreement with her position that divorced women are not entitled to lodging and maintenance during the waiting period (iddah).

Juridical Analysis

The majority of classical scholars, including Imam Abu Hanifa, Imam Malik, and Imam al-Shafi'i, held that a revocably divorced woman (in first or second talaq) is entitled to lodging and maintenance during her iddah period based on Quranic evidence (Surah al-Talaq, 65:6-7).

Fatima bint Qays' case was considered specific to irrevocable divorce (third talaq or khul'), where maintenance obligations differ. The scholars cautioned against generalizing her particular case to all divorce situations.

Legal Principles

This hadith demonstrates the importance of contextual understanding in Islamic jurisprudence. While respecting the testimony of Sahaba, scholars must weigh all evidence and distinguish between general rulings and specific exceptions.

The collective wisdom of the Ummah through scholarly consensus (ijma') ultimately affirmed the maintenance rights of most divorced women during their waiting period, preserving the Quranic spirit of financial protection for women.