صحيح البخاري
Bukhari
كتاب الطلاقThe Book of Divorce
بَابُ الْمُطَلَّقَةِ إِذَا خُشِيَ عَلَيْهَا فِي مَسْكَنِ زَوْجِهَا أَنْ يُقْتَحَمَ عَلَيْهَا، أَوْ تَبْذُوَ عَلَى أَهْلِهَا بِفَاحِشَةٍ:Chapter. If a divorced lady is afraid that she may be attacked in her husband’s house or that she may abuse her husband’s family (she has the right to leave her husband’s house).
Hadith 5328
اُردوEn
حَدَّثَنِي حِبَّانُ ، أَخْبَرَنَا عَبْدُ اللَّهِ ، أَخْبَرَنَا ابْنُ جُرَيْجٍ ، عَنْ ابْنِ شِهَابٍ ، عَنْ عُرْوَةَ ، " أَنَّ عَائِشَةَ أَنْكَرَتْ ذَلِكَ عَلَى فَاطِمَةَ " .
Narrated 'Urwa: Aisha disapproved of what Fatima used to say.'
Explanation & Benefits
Maulana Dawood Raz
Hadith Commentary:
She (i.e., Fatimah bint Qays radi Allahu anha) used to say that for a woman who has been given three divorces, there is neither residence nor maintenance.
The translation of the chapter heading does not directly emerge from this hadith, but Imam al-Bukhari rahimahullah, in accordance with his usual practice, has alluded to another route (tariq) of this narration in which it is mentioned that Aisha radi Allahu anha said to Fatimah bint Qays radi Allahu anha: "It was your own tongue that caused you to be expelled."
She (i.e., Fatimah bint Qays radi Allahu anha) used to say that for a woman who has been given three divorces, there is neither residence nor maintenance.
The translation of the chapter heading does not directly emerge from this hadith, but Imam al-Bukhari rahimahullah, in accordance with his usual practice, has alluded to another route (tariq) of this narration in which it is mentioned that Aisha radi Allahu anha said to Fatimah bint Qays radi Allahu anha: "It was your own tongue that caused you to be expelled."
Source: Sahih Bukhari: Commentary by Maulana Dawood Raz, Page: 5328
Shaykh Abdul Sattar al-Hammad
Hadith Commentary:
(1)
The position of Fatimah bint Qays radi Allahu anha was that a woman who has been given a third (final) divorce is not entitled to residence or maintenance from her husband, and the basis for this denial is the statements of the Messenger of Allah sallallahu alayhi wa sallam. However, Aishah radi Allahu anha strongly rejected this position; in fact, in one narration, Aishah radi Allahu anha expressed her intense displeasure regarding this view.
The details of this incident are as follows: When Fatimah bint Qays radi Allahu anha’s husband, Abu Amr ibn Hafs radi Allahu anha, gave her the final divorce, she came to the Messenger of Allah sallallahu alayhi wa sallam to seek a legal verdict, asking whether she could leave her house and spend her waiting period (‘iddah) elsewhere. The Messenger of Allah sallallahu alayhi wa sallam permitted her to move to the house of a blind man, Ibn Umm Maktum radi Allahu anhu. However, Marwan ibn Hakam denied that a divorced woman could leave her house.
Urwah narrates that Aishah radi Allahu anha also strongly rejected the statement of Fatimah bint Qays radi Allahu anha.
(Sahih Muslim, al-Talaq, Hadith: 3702) (2)
In any case, the position of Imam Bukhari rahimahullah is that if a divorced woman fears during her waiting period (‘iddah) that someone might suddenly intrude into her house, she may complete her ‘iddah in another place. Similarly, if the woman behaves disrespectfully towards the husband’s family, they have the right to expel her, and she may complete the days of her ‘iddah elsewhere.
And Allah knows best.
(1)
The position of Fatimah bint Qays radi Allahu anha was that a woman who has been given a third (final) divorce is not entitled to residence or maintenance from her husband, and the basis for this denial is the statements of the Messenger of Allah sallallahu alayhi wa sallam. However, Aishah radi Allahu anha strongly rejected this position; in fact, in one narration, Aishah radi Allahu anha expressed her intense displeasure regarding this view.
The details of this incident are as follows: When Fatimah bint Qays radi Allahu anha’s husband, Abu Amr ibn Hafs radi Allahu anha, gave her the final divorce, she came to the Messenger of Allah sallallahu alayhi wa sallam to seek a legal verdict, asking whether she could leave her house and spend her waiting period (‘iddah) elsewhere. The Messenger of Allah sallallahu alayhi wa sallam permitted her to move to the house of a blind man, Ibn Umm Maktum radi Allahu anhu. However, Marwan ibn Hakam denied that a divorced woman could leave her house.
Urwah narrates that Aishah radi Allahu anha also strongly rejected the statement of Fatimah bint Qays radi Allahu anha.
(Sahih Muslim, al-Talaq, Hadith: 3702) (2)
In any case, the position of Imam Bukhari rahimahullah is that if a divorced woman fears during her waiting period (‘iddah) that someone might suddenly intrude into her house, she may complete her ‘iddah in another place. Similarly, if the woman behaves disrespectfully towards the husband’s family, they have the right to expel her, and she may complete the days of her ‘iddah elsewhere.
And Allah knows best.
Source: Hidayat al-Qari: Commentary on Sahih Bukhari, Urdu, Page: 5328
