سنن ابي داود
Abu Dawud
كتاب تفريع أبواب الطلاقDivorce (Kitab Al-Talaq)
باب فِي نَفَقَةِ الْمَبْتُوتَةِChapter: Regarding The Maintenance Of One Who Has Been Irrevocably Divorced.
Hadith 2285
اُردوEn
حَدَّثَنَا مُوسَى بْنُ إِسْمَاعِيلَ ، حَدَّثَنَا أَبَانُ بْنُ يَزِيدَ الْعَطَّارُ ، حَدَّثَنَا يَحْيَى بْنُ أَبِي كَثِيرٍ ، حَدَّثَنِي أَبُو سَلَمَةَ بْنُ عَبْدِ الرَّحْمَنِ ، أَنَّ فَاطِمَةَ بِنْتَ قَيْسٍ حَدَّثَتْهُ ، أَنَّ أَبَا حَفْصِ بْنَ الْمُغِيرَةِ طَلَّقَهَا ثَلَاثًا ، وَسَاقَ الْحَدِيثَ فِيهِ . وَأَنَّ خَالِدَ بْنَ الْوَلِيدِ وَنَفَرًا مِنْ بَنِي مَخْزُومٍ أَتَوْا النَّبِيَّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ ، فَقَالُوا : يَا نَبِيَّ اللَّهِ ، إِنَّ أَبَا حَفْصِ بْنَ الْمُغِيرَةِ طَلَّقَ امْرَأَتَهُ ثَلَاثًا ، وَإِنَّهُ تَرَكَ لَهَا نَفَقَةً يَسِيرَةً ، فَقَالَ : " لَا نَفَقَةَ لَهَا " ، وَسَاقَ الْحَدِيثَ . وَحَدِيثُ مَالِكٍ أَتَمُّ .
Abu Salamah bin Abd Al Rahman said that Fatimah daughter of Qais told him that Abu Hafs Al Mughirah divorced her three times. He then narrated the rest of the tradition. The version has Khalid bin Walid and some people of Banu Makhzum came to the Prophet ﷺ and said Prophet of Allaah ﷺ Abu Hafs Al Mughirah divorced his wife three times and he has left a little for her. He said “No maintenance is necessary for her. He then transmitted the rest of the tradition. The tradition narrated by Malik is more perfect.
Explanation & Benefits
Shaykh Umar Farooq Saeedi
Benefits and Issues:
➊ Lady Fatimah was given these divorces at intervals, not all at once, as will be mentioned in the next hadith 6689.
➋ Giving gifts and presents to a divorced woman is a recommended (mustahabb) act, which has been emphasized ( ). For a woman who has been divorced three times, no maintenance (nafaqah) or housing (sukna) is obligatory, except if she is pregnant.
➌ It is not prohibited for a woman to look at a man (provided it is not with desire); this is why the Prophet (sallallahu alayhi wa sallam) instructed Lady Fatimah to spend her waiting period (‘iddah) in the house of Ibn Umm Maktum, so that she would be protected from the gaze of men, because it is prohibited for men to look at women, and Ibn Umm Maktum was deprived of sight.
➍ When considering a marriage proposal, one should only accept it after examining the religious, worldly, and moral conditions of the suitor.
➎ To mention someone’s fault out of a legitimate Shar‘i need is not the kind of backbiting (ghibah) that is forbidden.
➏ There is much blessing from Allah in religious (pious) matches.
➊ Lady Fatimah was given these divorces at intervals, not all at once, as will be mentioned in the next hadith 6689.
➋ Giving gifts and presents to a divorced woman is a recommended (mustahabb) act, which has been emphasized ( ). For a woman who has been divorced three times, no maintenance (nafaqah) or housing (sukna) is obligatory, except if she is pregnant.
➌ It is not prohibited for a woman to look at a man (provided it is not with desire); this is why the Prophet (sallallahu alayhi wa sallam) instructed Lady Fatimah to spend her waiting period (‘iddah) in the house of Ibn Umm Maktum, so that she would be protected from the gaze of men, because it is prohibited for men to look at women, and Ibn Umm Maktum was deprived of sight.
➍ When considering a marriage proposal, one should only accept it after examining the religious, worldly, and moral conditions of the suitor.
➎ To mention someone’s fault out of a legitimate Shar‘i need is not the kind of backbiting (ghibah) that is forbidden.
➏ There is much blessing from Allah in religious (pious) matches.
Source: Sunan Abu Dawood – Commentary by Shaykh Umar Farooq Saeedi, Page: 2285
