Jami` at-Tirmidhi 1180

Unreviewed translation. All hadiths in this collection are available in five languages. Titles and introductions may remain in Arabic.

Hannad narrated to us: Jarir narrated to us, from Mughirah, from al-Sha'bi, who said: Fatimah bint Qays said: My husband divorced me three times during the time of the Prophet, and the Messenger of Allah said: You are entitled to neither lodging nor maintenance. Mughirah said: I mentioned this to Ibrahim, and he said: Umar said, “We will not abandon the Book of Allah and the Sunnah of our Prophet on the basis of the statement of a woman, when we do not know whether she remembered correctly or forgot.” Umar used to grant her lodging and maintenance. Ahmad ibn Mani narrated to us: Hushaym narrated to us: Husayn, Isma'il, and Mujalid informed us. Hushaym also said: Dawud narrated to us, from al-Sha'bi, who said: I visited Fatimah bint Qays and asked her about the Messenger of Allah's ruling in her case. She said: Her husband divorced her irrevocably, and she disputed with him over lodging and maintenance, but the Prophet granted her neither. In Dawud's version she said: He ordered me to observe my waiting period in the house of Ibn Umm Maktum. Abu Isa said: This hadith is hasan sahih. This is the view of some scholars, including al-Hasan al-Basri, Ata ibn Abi Rabah, and al-Sha'bi, and it is the view of Ahmad and Ishaq. They said a woman whose divorce is irrevocable is entitled to neither lodging nor maintenance if her husband has no right to take her back. Other scholars among the Companions, including Umar and Abd Allah, said that a woman divorced three times is entitled to lodging and maintenance. This is the view of Sufyan al-Thawri and the scholars of Kufa. Other scholars said she is entitled to lodging but not maintenance; this is the view of Malik ibn Anas, al-Layth ibn Sa'd, and al-Shafi'i. Al-Shafi'i said: We granted her lodging on the basis of Allah's Book: “Do not turn them out of their homes, nor should they leave, unless they commit a manifest indecency.” They said this means obscene speech—that she speaks abusively to her husband's family. They argued that the Prophet did not grant Fatimah bint Qays lodging because she spoke abusively to her husband's family. Al-Shafi'i said she is not entitled to maintenance, based on the Messenger of Allah's report concerning Fatimah bint Qays.