Musnad Ahmad

Hazrat Fatimah bint Qais (may Allah be pleased with her), who was the maternal aunt of Bint Saeed Zaid and was married to Abdullah bin Amr bin Uthman, narrated that her husband gave her three divorces. Her niece’s maternal aunt, Hazrat Fatimah (may Allah be pleased with her), sent a messenger to call her there. At that time, the governor of Madinah Munawwarah was Marwan bin Hakam. Qabeesah says that Marwan sent me to Hazrat Fatimah (may Allah be pleased with her) to ask why she forced a woman to leave her house before her waiting period (iddah) was completed. She replied, “Because the Prophet (peace and blessings be upon him) gave me the same command.” Then she narrated that hadith to me, and then said, “I also make ijtihad (independent reasoning) from the Holy Qur’an as my evidence. Allah Almighty says in His Book: «إِذَا طَلَّقْتُمُ النِّسَاءَ فَطَلِّقُوهُنَّ لِعِدَّتِهِنَّ وَأَحْصُوا الْعِدَّةَ وَاتَّقُوا اللَّهَ رَبَّكُمْ لا تُخْرِجُوهُنَّ مِنْ بُيُوتِهِنَّ وَلا يَخْرُجْنَ إِلا أَنْ يَأْتِينَ بِفَاحِشَةٍ مُبَيِّنَةٍ إِلَى لَعَلَّ اللَّهَ يُحْدِثُ بَعْدَ ذَلِكَ أَمْرًا» ‘If you divorce your wives, then divorce them at the commencement of their waiting period (tuhr), and count the days of the waiting period, and fear Allah, your Lord. Do not expel them from their houses, nor should they leave, unless they commit a clear act of indecency.’ Perhaps after this Allah will bring about a new matter. In the third stage, He said: «فَإِذَا بَلَغْنَ أَجَلَهُنَّ الثَّالِثَةَ فَأَمْسِكُوهُنَّ بِمَعْرُوفٍ أَوْ فَارِقُوهُنَّ بِمَعْرُوفٍ» ‘When they have completed their waiting period, then either retain them in a fair manner or release them in a fair manner.’ By Allah, after this third stage, Allah has not mentioned keeping the woman back. Then the Prophet (peace and blessings be upon him) gave me the same command.” The narrator says, “I went to Marwan and told him the whole matter. He said, ‘This is just the statement of a woman, this is just the statement of a woman,’ and then he ordered her niece to be sent back to her house, so she was sent back until her waiting period was over.”