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مسند اسحاق بن راهويه
Musnad Ishaq
كتاب النكاح و الطلاقBook of Marriage and Divorce
Residence and maintenance for a woman after irrevocable divorce
Hadith 623
اُردوEn
أَخْبَرَنَا جَرِيرٌ، عَنِ الْمُغِيرَةِ، عَنِ الشَّعْبِيِّ، قَالَ: قَالَتْ فَاطِمَةُ بِنْتُ قَيْسٍ: ((طَلَّقَنِي زَوْجِي ثَلَاثًا عَلَى عَهْدِ رَسُولِ اللَّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ، فَأَتَيْتُ رَسُولَ اللَّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ، فَلَمْ يَجْعَلْ لِي سُكْنَى وَلَا نَفَقَةً)) قَالَ الْمُغِيرَةُ فَأَتَيْتُ إِبْرَاهِيمَ فَذَكَرَتْ ذَلِكَ لَهُ، فَقَالَ لَهَا السُّكْنَى وَالنَّفَقَةُ، فَذَكَرَتْ لَهُ مَا قَالَ الشَّعْبِيُّ: قَالَ: كَانَ عُمَرُ يَجْعَلُ لَهَا ذَلِكَ، فَقَالَ عُمَرُ: لَا نَدَعُ كِتَابَ رَبِّنَا وَسُنَّةَ نَبِيِّنَا صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ بِقَوْلِ امْرَأَةٍ لَا نَدْرِي لَعَلَّهَا حَفِظَتْ أَمْ نَسِيَتْ.
Lady Fatimah bint Qais (may Allah be pleased with her) narrated: My husband divorced me three times during the time of the Messenger of Allah (peace and blessings be upon him), so I went to the Messenger of Allah (peace and blessings be upon him), and he did not assign me any residence or maintenance. Mughira narrated: I came to Ibrahim and mentioned this to him, and he said: She is entitled to residence and maintenance. I mentioned to him the statement of Shabi, and he said: Sayyiduna Umar (may Allah be pleased with him) used to assign this (residence and maintenance) for the divorced woman. Umar (may Allah be pleased with him) said: Because of the statement of one woman, we cannot leave the Book of our Lord and the Sunnah of our Prophet (peace and blessings be upon him); who knows, perhaps she remembered or perhaps she forgot.
Explanation & Benefits
Hafiz Abdush Shakoor Tirmidhi
Benefits:
From the mentioned hadith, it is understood that after an irrevocable divorce (talaq bain), that is, after the third divorce, the man is not entitled to provide maintenance (nafaqah) and residence (sukna) to the woman. Imam Ahmad and Imam Ishaq hold this view. The majority of scholars have said that there is no maintenance for her, but residence is obligatory. Imam Abu Hanifah rahimahullah has said that both residence and maintenance are obligatory for her. (Fath al-Bari: 10/602; Nayl al-Awtar: 4/404)
The opinion of Imam Ahmad rahimahullah is the most correct. This is also the fatwa of the Permanent Committee for Scholarly Research and Ifta in Saudi Arabia. (See: Fatawa al-Lajnah al-Da'imah lil-Buhuth al-'Ilmiyyah wal-Ifta: 20/227)
The position of Sayyiduna Umar radi Allahu anhu was that even after an irrevocable divorce, residence and maintenance remain obligatory upon the man. And this was also the position of Sayyidah Aishah radi Allahu anha. (See: Hadith No: 694)
Their evidence is the verse from Surah at-Talaq, verse 1: “Do not expel them from their houses, nor should they leave unless they commit a clear immorality.” When this matter reached Sayyidah Fatimah radi Allahu anha, she said that the clarification of this verse is found in this part of the verse: “Perhaps Allah will bring about a new situation after that.” For further details, see the explanation of Hadith No: 698.
However, if the woman is pregnant, then maintenance is obligatory upon the man. The statement of Allah, the Exalted, is: “And if they are pregnant, then spend on them until they deliver their burden.” (at-Talaq: 6) “If they are pregnant, then continue to provide for them until they give birth.”
From the mentioned hadith, it is understood that after an irrevocable divorce (talaq bain), that is, after the third divorce, the man is not entitled to provide maintenance (nafaqah) and residence (sukna) to the woman. Imam Ahmad and Imam Ishaq hold this view. The majority of scholars have said that there is no maintenance for her, but residence is obligatory. Imam Abu Hanifah rahimahullah has said that both residence and maintenance are obligatory for her. (Fath al-Bari: 10/602; Nayl al-Awtar: 4/404)
The opinion of Imam Ahmad rahimahullah is the most correct. This is also the fatwa of the Permanent Committee for Scholarly Research and Ifta in Saudi Arabia. (See: Fatawa al-Lajnah al-Da'imah lil-Buhuth al-'Ilmiyyah wal-Ifta: 20/227)
The position of Sayyiduna Umar radi Allahu anhu was that even after an irrevocable divorce, residence and maintenance remain obligatory upon the man. And this was also the position of Sayyidah Aishah radi Allahu anha. (See: Hadith No: 694)
Their evidence is the verse from Surah at-Talaq, verse 1: “Do not expel them from their houses, nor should they leave unless they commit a clear immorality.” When this matter reached Sayyidah Fatimah radi Allahu anha, she said that the clarification of this verse is found in this part of the verse: “Perhaps Allah will bring about a new situation after that.” For further details, see the explanation of Hadith No: 698.
However, if the woman is pregnant, then maintenance is obligatory upon the man. The statement of Allah, the Exalted, is: “And if they are pregnant, then spend on them until they deliver their burden.” (at-Talaq: 6) “If they are pregnant, then continue to provide for them until they give birth.”
Source: Musnad Ishaq bin Rahwayh, Page: 623
