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‏الطلاق (The Book of Divorce)
CHAPTER: THERE IS NO MAINTENANCE ALLOWANCE FOR ONE WHO HAS BEEN GIVEN IRREVOCABLE DIVORCE  

No. 3512

Fatima bint Qais reported that Abu 'Amr b. Hafs divorced her absolutely when he was away from home, and he sent his agent to her with some barley. She was displeased with him and when he said: I swear by Allaah that you have no claim on us. she went to Allaah's Messenger (sallAllaahu alayhi wa sallam) and mentioned that to him. He said: There is no maintenance due to you from him, and he commanded her to spend the 'Idda in the house of Umm Sharik, but then said: That is a woman whom my companions visit. So better spend this period in the house of Ibn Umm Maktum, for he is a blind man and yon can put off your garments. And when the 'Idda is over, inform me. She said: When my period of 'Idda was over, I mentioned to him that Mu'awiya b. Abu Sufyan and Jahm had sent proposal of marriage to me, whereupon Allaah's Messenger (sallAllaahu alayhi wa sallam) said: As for Abu Jahm, he does not put down his staff from his shoulder, and as for Mu'awiya, he is a poor man having no property; marry Usama b. Zaid. I objected to him, but he again said: Marry Usama; so I married him. Allaah blessed there in and I was envied (by others).

No. 3513

Fatima bint Qais reported that her husband divorced her during the life time of Allaah's Prophet (sallAllaahu alayhi wa sallam) and gave her a meagre maintenance allowance. When she saw that, she said: By Allaah, I will inform Allaah's Messenger (sallAllaahu alayhi wa sallam), and if maintenance allowance is due to me then I will accept that which will suffice me, and if it is not due to me, I will not accept anything from him. She said: I made a mention of that to Allaah's Messenger (sallAllaahu alayhi wa sallam) and he said: There is neither maintenance allowance for you nor lodging.

No. 3514

Fatima bint Qais reported that her husband al-Makhzulmi divorced her and refused to pay her maintenance allowance. So she came to Allaah's Messenger (may peace he upon him) and informed him, whereupon he said: There is no maintenance allowance for you, and you better go to the house of Ibn Umm Maktum and live with him for he is a blind man and you can put off your clothes in his house (i. e. you shall not face much difficulty in observing purdah there).

No. 3515

Abu Salama reported that Fatima bint Qais, the sister of al-Dahhak b. Qais informed him that Abu Hafs b. Mughira al-Makhzumi divorced her three times and then he proceeded on to the Yemen. The members of his family said to her: There is no maintenance allowance due to you from us. Khalid b. Walid along with a group of persons visited Allaah's Messenger (sallAllaahu alayhi wa sallam) in the house of Maimuna and they said: Abu Hafs has divorced his wife with three pronouncements; is there any maintenance allowance due to her? Thereupon Allaah's Messenger (sallAllaahu alayhi wa sallam) said: No maintenance allowance is due to her, but she is required to spend the 'Idda; and he sent her the message that she should not be hasty in making a decision about herself and commanded her to move to the house of Umm Sharik, and then sent her the message that as the first immigrants (frequently) visit the house of Umm Sharik, she should better go to the house of Ibn Umm Maktum, the blind, (and further said: In case you put off your head-dress, he (Ibn Umm Makhtum) will not see you. So she went to his house, and when the 'Idda was over, Allaah's Messenger (sallAllaahu alayhi wa sallam) married her to Usama b. Zaid b. Haritha.

No. 3516

Fatima bint Qais reported: I had been married to a person from Banu Makhzum and he divorced me with irrevocable divorce. I sent a message to his family asking for maintenance allowance, and the rest of the hadith has been transmitted with a slight change of words.

No. 3517

Fatima bint Qais (Allaah be pleased with her) reported that she had been married to Abu 'Amr b. Hafs b. al-Mughira and he divorced her with three pronouncements. She stated that she went to Allaah's Messenger (sallAllaahu alayhi wa sallam) asking him about abandoning that house. He commanded her to move to the house of Ibn Umm Maktum, the blind. Marwan refused to testify the divorced woman abandoning her house (before the 'Idda was over). 'Urwa said that 'A'isha objected to (the words of) Fatima bint Qais. This hadith has been transmitted through another chain of narrators.

No. 3518

'Ubaidullah b. 'Abdullah b. 'Utba reported that 'Amr b. Hafs b. al-Mughira set out along with 'Ali b. Abi Talib (Allaah be pleased with him) to the Yemen and sent to his wife the one pronouncement of divorce which was still left from the (irrevocable) divorce; and he commanded al-Harith b. Hisham and 'Ayyash b. Abu Rabi'a to give her maintenance allowance. They said to her: By Allaah, there is no maintenance allowance for you, except in case you are pregnant. She came to Allaah's Prophet (may peace he upon him) and mentioned their opinion to him, whereupon he said: There is no maintenance allowance for you. Then she sought permission to move (to another place), and he (the Prophet) permitted her. She said: Allaah's Messenger, where (should I go)? He said: To the house of Ibn Umm Maktum and, as he is blind, she could put off her garmeqts in his presence and he would not see her. And when her 'Idda was over. Allaah's Prophet (sallAllaahu alayhi wa sallam) married her to Usama b. Zaid. Marwan (the governor of Medina) sent Qabisa b. Dhuwaib in order to ask her about this hadith, and she narrated it to him, whereupon Marwan said: We have not heard this hadith but from a woman. We would adopt a safe (path) where we found the people. Fatima said that when these words of, Marwan were conveyed to her. There is between me and you the word of Allaah, the Exalted and Majestic: Do" not turn them out" of their houses. She asserted: This is in regard to the revocable divorce what new (turn can the event take) after three pronouncements (separation between irrevocable). Why do you say there is no maintenance allowance for her if she is not pregnant? Then on what ground do you restrain her?

No. 3519

Sha'bi reported: I visited Fatima bint Qais and asked her about the verdict of Allaah's Messenger (sallAllaahu alayhi wa sallam) about (board and lodging during the 'Idda) and she said that her husband divorced her with an irrevocable divorce. She (further. said): I contended with him before Allaah's Messerger (sallAllaahu alayhi wa sallam) about lodging and maintenance allowance, and she said: He did not provide me with any lodging or maintenance allowance, and he commanded me to spend the 'Idda in the house of Ibn Umm Maktum.

No. 3520

A hadith like this has been trarismitted on the authority of Hushaim through another chain of narrators.

No. 3521

Sha'bi reported: We visited Fitima hint Qais and she served us fresh dates and a drink of barley flour, and I asked where should a woman who has been divorced by three pronouncements, spend the period of her 'Idda. She said: My husband divorced me with three pronouncements, and Allaah's Prophet (sallAllaahu alayhi wa sallam) permitted me to spend my 'Idda period in my family (with my parents).

No. 3522

Fatima bint Qais (Allaah be pleased with her) reported from Allaah's Messenger (sallAllaahu alayhi wa sallam) that there is no lodging and maintenance allowance for a woman who has been given irrevocable divorce.

No. 3523

Fatima bint Qais (Allaah be pleased with her) reported: My husband divorced me with three pronouncements. I decided to move (from his house to another place). So I came to Allaah's Messenger (sallAllaahu alayhi wa sallam), and he said: Move to the house of your cousin 'Amr b. Umm Maktum and spend your period of 'Idda there.

No. 3524

Abu Ishaq reported: I was with al-Aswad b. Yazid sitting in the great mosque, and there was with us al-Sha'bi, and he narrated the narration of Fatima bint Qais (Allaah be pleased with her) that Allaah's Messenger (sallAllaahu alayhi wa sallam) did not make any provision for lodging and maintenance allowance for her. Al-Aswad caught hold of some pebbles in his fist and he threw them towards him saying: Woe be to thee, you narrate like it, whereas Umar said: We cannot abandon the Book of Allaah and the Sunnah of our Prophet (sallAllaahu alayhi wa sallam) for the words of a woman. We do not know whether she remembers that or she forgets. For her, there is a provision of lodging and maintenance allowance. Allaah, the Exalted and Majestic, said:" Turn them not from their houses nor should they themselves go forth unless they commit an open indecency" (lxv. 1).

No. 3525

A hadith like this has been narrated on the authority of Ishaq with the same chain of transmitters.

No. 3526

Fatima bint Qais (Allaah be pleased with her) reported that her husband divorced her with three, pronouncements and Allaah's Messenger (sallAllaahu alayhi wa sallam) made no provision for her lodging and maintenance allowance. She (further said): Allaah's Messenger (sallAllaahu alayhi wa sallam) said to me: When your period of 'Idda is over, inform me. So I informed him. (By that time) Mu'awiya, Abu Jahm and Usama b. Zaid had given her the proposal of marriage. Allaah's Messenger (sallAllaahu alayhi wa sallam) said: So far as Mu'awiya is concerned, he is a poor man without any property. So far as Abu Jahm is concerned, he is a great beater of women, but Usama b. Zaid... She pointed with her hand (that she did not approve of the idea of marrying) Usama. But Allaah's Messenger (sallAllaahu alayhi wa sallamn) said: Obedience to Allaah and obedience to His Messenger is better for thee. She said: So I married him, and I became an object of envy.

No. 3527

Fatima bint Qais (Allaah be pleased with her) reported: My husband Abu 'Amr b. Hafs b. al-Mughira sent 'Ayyish b. Abu Rabi'a to me with a divorce, and he also sent through him five si's of dates and five si's of barley. I said: Is there no maintenance allowance for me but only this, and I cannot even spend my 'Idda period in your house? He said: No. She said: I dressed myself and came to Allaah's Messenger (sallAllaahu alayhi wa sallam). He said: How many pronouncements of divorce have been made for you? I said: Three. He said what he ('Ayyish b. Abu Rabi'a) had stated was true. There is no maintenance allowance for you. Spend 'Idda period in the house of your cousin, Ibn Umm Maktum. He is blind and you can put off your garment in his presence. And when you have spent your Idda period, you inform me. She said: Mu'awiya and Abu'l-Jahm (Allaah be pleased with them) were among those who had given me the proposal of marriage. Thereupon Allaah's Prophet (sallAllaahu alayhi wa sallam) said: Mu'awiya is destitute and in poor condition and Abu'l-Jahm is very harsh with women (or he beats women, or like that), you should take Usama b. Zaid (as your husband).

No. 3528

Abu Bakr b. Abu'l-Jahm reported: I and Abu Salama b 'Abd al-Rahman came to fatima bint Qais (Al! ah be pleased with her) and asked her (about divorce, etc.). She said: I was the wife of Abu 'Amr b. Hafs b. al-Mughira, and he set out to join the battle of Najran. The rest of the hadith is the same, but he made this addition:" She said: I married him and Allaah hornoured me on account of Ibn Zaid and Allaah favoured me because of him."

No. 3529

Abu Bakr reported: I and Abu Salama came to Fatima bint Qais (Allaah be pleased with her) during the time of Ibn Zubair (Allaah be pleased with him) and she narrated to us that her husband gave her an irrevocable divorce. (The rest of the hadith is the same.)

No. 3530

Fatima bint Qais (Allaah be pleased with her) reported: My husband divorced me with three pronouncements and Allaah's Messenger (sallAllaahu alayhi wa sallam) made no provision for lodging and maintenance allowance.

No. 3531

Hisham reported on the authority of his father that Yahya b. Sa'id b. al-'As married the daughter of 'Abd al-Rahman b. al-Hakam, and he divorced her and he turned her out from his house. 'Urwa (Allaah be -pleased with him) criticised this (action) of theirs (the members of the family of her in-laws). They said: Verily, Fatima too went out (of her in-laws' house). 'Urwa said: I came to 'A'isha (Allaah be pleased with her) and told her about it and she said: There is no good for Fatima bint Qais (Allaah be pleased with her) in making mention of it.

No. 3532

Fatima bint Qais (Allaah be pleased with her) reported that she said: Allaah's Messenger, my husband has divorcee me with three pronouncements and I am afraid that I may be put to hardship, and so he commanded her and so she moved (to another house).

No. 3533

'A'isha (Allaah be pleased with her) said: It is no good for Fatima to make mention of it, i. e. her statement:" There is no lodging and maintenance allowance (for the divorced women)."

No. 3534

Ibn al-Qasim narrated on the authority of his father that 'Urwa b. Zubair (Allaah be pleased with him) said to 'A'isha (Allaah be pleased with her): Didn't you see that such and such daughter of al-Hakam was divorced by her husband with an irrevocable divorce, and she left (the house of her husband)? Thereupon 'A'isha (Allaah be pleased with her) said: It was bad that she did. He ( Urwa) said: Have you not heard the words of Fatima? Thereupon she said: There if no good for her in making mention of it.




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