Hadith 947
اُردوEn
وعن الشعبي عن فاطمة بنت قيس رضي الله عنها عن النبي صلى الله عليه وآله وسلم في المطلقة ثلاثا : « ليس لها سكنى ولا نفقة ». رواه مسلم.
Narrated ash-Sha'bi from Fatimah (RA) daughter of Qais on the authority of the Prophet (ﷺ) regarding a woman who was divorced by three pronouncements: "She has no right to accommodation or maintenance." [Reported by Muslim].
Explanation & Benefits
Shaykh Safi ur-Rahman Mubarakpuri
Takhrij:
«أخرجه مسلم، الطلاق، باب المطلقة البائن لا نفقة لها، حديث:1480.»©Explanation:
This hadith is absolutely explicit regarding the issue that for a woman divorced with three pronouncements (mutaallaqah thalathah), the husband is not responsible for her maintenance (nafaqah) nor her accommodation.
This is the position of Imam Ahmad rahimahullah.
Imam Abu Hanifah rahimahullah holds that she is entitled to both accommodation and maintenance.
Imam Malik rahimahullah and Imam Shafi’i rahimahullah are of the opinion that such a woman is entitled to accommodation but not to maintenance.
They have offered many interpretations of this hadith of Fatimah radi Allahu anha, but none of them is worthy of consideration.
Imam Ahmad rahimahullah has narrated in his Musnad that the Prophet sallallahu alayhi wa sallam said to Fatimah radi Allahu anha: “A man is responsible for a woman’s maintenance and accommodation only in the case of a revocable divorce (talaq raj‘i); and when the divorce is not revocable, then the man is not responsible for her maintenance nor her accommodation.”
(Musnad Ahmad: 6/416, 417) And in a narration of al-Mu‘jam al-Kabir it is stated: “When a woman cannot become lawful for her former husband without marrying another man, then for such a woman (the former husband is responsible for) neither maintenance nor accommodation.”
(al-Mu‘jam al-Kabir by al-Tabarani: 24/382, 383) This narration is also found in Sunan al-Nasa’i (3432), but it is abridged, so the aforementioned words are not present in it.
They are found only in al-Mu‘jam al-Kabir.
Both these narrations are absolutely clear and explicit in this matter that the sole cause for the lapse of maintenance and accommodation is an irrevocable divorce (talaq bainah), and nothing else; therefore, all interpretations are invalidated and the pure truth has become as clear as daylight.
© Hadith Narrator:
«امام شعبی رحمہ اللہ » Abu ‘Amr ‘Amir ibn Shurahbil ibn ‘Abdullah al-Sha‘bi al-Hamdani al-Kufi.
He was a distinguished Tabi‘i and a great jurist.
Imam al-Zuhri rahimahullah said: The scholars are four: In Madinah al-Munawwarah, Sa‘id ibn al-Musayyib; in Kufah, al-Sha‘bi; in Basrah, Hasan al-Basri; and in Sham, Mak‘hul.
He was born in the seventh year of the caliphate of ‘Umar radi Allahu anhu.
He lived for about 90 years and passed away in 104 AH.
«أخرجه مسلم، الطلاق، باب المطلقة البائن لا نفقة لها، حديث:1480.»©Explanation:
This hadith is absolutely explicit regarding the issue that for a woman divorced with three pronouncements (mutaallaqah thalathah), the husband is not responsible for her maintenance (nafaqah) nor her accommodation.
This is the position of Imam Ahmad rahimahullah.
Imam Abu Hanifah rahimahullah holds that she is entitled to both accommodation and maintenance.
Imam Malik rahimahullah and Imam Shafi’i rahimahullah are of the opinion that such a woman is entitled to accommodation but not to maintenance.
They have offered many interpretations of this hadith of Fatimah radi Allahu anha, but none of them is worthy of consideration.
Imam Ahmad rahimahullah has narrated in his Musnad that the Prophet sallallahu alayhi wa sallam said to Fatimah radi Allahu anha: “A man is responsible for a woman’s maintenance and accommodation only in the case of a revocable divorce (talaq raj‘i); and when the divorce is not revocable, then the man is not responsible for her maintenance nor her accommodation.”
(Musnad Ahmad: 6/416, 417) And in a narration of al-Mu‘jam al-Kabir it is stated: “When a woman cannot become lawful for her former husband without marrying another man, then for such a woman (the former husband is responsible for) neither maintenance nor accommodation.”
(al-Mu‘jam al-Kabir by al-Tabarani: 24/382, 383) This narration is also found in Sunan al-Nasa’i (3432), but it is abridged, so the aforementioned words are not present in it.
They are found only in al-Mu‘jam al-Kabir.
Both these narrations are absolutely clear and explicit in this matter that the sole cause for the lapse of maintenance and accommodation is an irrevocable divorce (talaq bainah), and nothing else; therefore, all interpretations are invalidated and the pure truth has become as clear as daylight.
© Hadith Narrator:
«امام شعبی رحمہ اللہ » Abu ‘Amr ‘Amir ibn Shurahbil ibn ‘Abdullah al-Sha‘bi al-Hamdani al-Kufi.
He was a distinguished Tabi‘i and a great jurist.
Imam al-Zuhri rahimahullah said: The scholars are four: In Madinah al-Munawwarah, Sa‘id ibn al-Musayyib; in Kufah, al-Sha‘bi; in Basrah, Hasan al-Basri; and in Sham, Mak‘hul.
He was born in the seventh year of the caliphate of ‘Umar radi Allahu anhu.
He lived for about 90 years and passed away in 104 AH.
Source: Bulugh al-Maram: Commentary by Safiur Rahman Mubarakpuri, Page: 947
