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سنن دارمي
Darimi
من كتاب النكاحFrom the Book of Marriage
باب النَّهْيِ عَنْ خِطْبَةِ الرَّجُلِ عَلَى خِطْبَةِ أَخِيهِ:Chapter: Prohibition of Proposing Over Another’s Proposal
Hadith 2214
اُردوEn
أَخْبَرَنَا يَزِيدُ بْنُ هَارُونَ، أَنْبَأَنَا مُحَمَّدُ بْنُ عَمْرٍو، عَنْ أَبِي سَلَمَةَ، عَنْ فَاطِمَةَ بِنْتِ قَيْسٍ: أَنَّهَا حَدَّثَتْهُ وَكَتَبَهُ مِنْهَا كِتَابًا أَنَّهَا كَانَتْ تَحْتَ رَجُلٍ مِنْ قُرَيْشٍ، مِنْ بَنِي مَخْزُومٍ، فَطَلَّقَهَا الْبَتَّةَ، فَأَرْسَلَتْ إِلَى أَهْلِهِ تَبْتَغِي مِنْهُمُ النَّفَقَةَ، فَقَالُوا: لَيْسَ لَكِ نَفَقَةٌ، فَبَلَغَ ذَلِكَ رَسُولَ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ، فَقَالَ: "لَيْسَ لَكِ نَفَقَةٌ، وَعَلَيْكِ الْعِدَّةُ، وَانْتَقِلِي إِلَى بَيْتِ أُمِّ شَرِيكٍ، وَلَا تُفَوِّتِينَا بِنَفْسِكِ"، ثُمَّ قَالَ: "إِنَّ أُمَّ شَرِيكٍ امْرَأَةٌ يَدْخُلُ إِلَيْهَا إِخْوَانُهَا مِنَ الْمُهَاجِرِينَ، وَلَكِنِ انْتَقِلِي إِلَى بَيْتِ ابْنِ أُمِّ مَكْتُومٍ فَإِنَّهُ رَجُلٌ أَعْمَى، إِنْ وَضَعْتِ ثِيَابَكِ لَمْ يَرَ شَيْئًا وَلَا تُفَوِّتِينَا بِنَفْسِكِ"، فَانْطَلَقَتْ إِلَى بَيْتِ ابْنِ أُمِّ مَكْتُومٍ فَلَمَّا حَلَّتْ، ذَكَرَتْ أَنَّ مُعَاوِيَةَ، وَأَبَا جَهْمٍ خَطَبَاهَا، فَقَالَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ: "أَمَّا مُعَاوِيَةُ، فَرَجُلٌ لَا مَالَ لَهُ، وَأَمَّا أَبُو جَهْمٍ، فَلَا يَضَعُ عَصَاهُ عَنْ عَاتِقِهِ، فَأَيْنَ أَنْتِ مِنْ أُسَامَةَ ؟"فَكَأَنَّ أَهْلَهَا كَرِهُوا ذَلِكَ، فَقَالَتْ: وَاللَّهِ لَا أَنْكِحُ إِلَّا الَّذِي قَالَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ، فَنَكَحَتْ أُسَامَةَ . قَالَ مُحَمَّدُ بْنُ عَمْرٍو: قَالَ مُحَمَّدُ بْنُ إِبْرَاهِيمَ: يَا فَاطِمَةُ، اتَّقِي اللَّهَ، فَقَدْ عَلِمْتِ فِي أَيِّ شَيْءٍ كَانَ هَذَا، قَالَ: وَقَالَ ابْنُ عَبَّاسٍ: قَالَ اللَّهُ تَعَالَى: يَأَيُّهَا النَّبِيُّ إِذَا طَلَّقْتُمُ النِّسَاءَ فَطَلِّقُوهُنَّ لِعِدَّتِهِنَّ وَأَحْصُوا الْعِدَّةَ وَاتَّقُوا اللَّهَ رَبَّكُمْ لا تُخْرِجُوهُنَّ مِنْ بُيُوتِهِنَّ وَلا يَخْرُجْنَ إِلا أَنْ يَأْتِينَ بِفَاحِشَةٍ مُبَيِّنَةٍ سورة الطلاق آية 1 وَالْفَاحِشَةُ أَنْ تَبْذُوَ عَلَى أَهْلِهَا، فَإِذَا فَعَلَتْ ذَلِكَ، فَقَدْ حَلَّ لَهُمْ أَنْ يُخْرِجُوهَا.
It is narrated from Sayyida Fatima bint Qais (may Allah be pleased with her) that she related a hadith to Abu Salama (may Allah have mercy on him), and he wrote it down from Sayyida Fatima (may Allah be pleased with her). She was married to a man from the Quraysh tribe of Banu Makhzum, who gave her the final, irrevocable divorce (the third divorce). She asked her in-laws for maintenance and support, but they replied: "There is no maintenance or support for you from us (because it is an irrevocable divorce after which there is no return)." When this news reached the Messenger of Allah (peace and blessings be upon him), he also said: "There is no maintenance for you, but observing the waiting period (‘iddah) is obligatory. Therefore, move to the house of Umm Sharik (may Allah be pleased with her) and do not stay far from us." (Meaning, when your ‘iddah is complete, come to us.) Then the Prophet (peace and blessings be upon him) said: "Umm Sharik is a woman whom her Muhajir brothers frequently visit (because she was wealthy and hospitable, and guests would come and go). Do this: move to the house of (your paternal cousin) Ibn Umm Maktum, who is blind. Even if you remove your clothes in his presence, he will not see anything, and do not stay far from us." So she went to ‘Amr ibn Umm Maktum. When her ‘iddah was complete, she came and informed (the Prophet) that Mu‘awiyah and Abu Jahm had sent her marriage proposals. Upon this, the Messenger of Allah (peace and blessings be upon him) said: "Mu‘awiyah is poor; he has no wealth, and Abu Jahm (is very harsh); the stick never leaves his shoulder. What do you think about Usamah?" But her family did not like (the idea of her marrying Sayyiduna Usamah ibn Zayd, may Allah be pleased with him). She said: "By Allah, I will not marry anyone except the one about whom the Messenger of Allah (peace and blessings be upon him) has spoken." So she married Sayyiduna Usamah (may Allah be pleased with him). (It is mentioned in al-Nasa’i: After marrying him, I was very happy, and other women used to envy me.) Muhammad ibn ‘Amr said: Muhammad ibn Ibrahim said to Sayyida Fatima (may Allah be pleased with her): "O Fatima! Fear Allah regarding what you are saying (i.e., that the Messenger of Allah, peace and blessings be upon him, said there is no maintenance or housing for a woman given an irrevocable divorce)." He also said: Sayyiduna Ibn ‘Abbas (may Allah be pleased with them both) said about this verse: «﴿لَا تُخْرِجُوهُنَّ مِنْ بُيُوتِهِنَّ ......﴾» [الطلاق: 1/65] "Do not expel divorced women from their homes, nor should they leave, unless they commit a clear indecency." (Meaning) if open indecency becomes evident to the family, then it is permissible for the in-laws to expel the divorced woman from their home before her waiting period is complete.
Brief Explanation
(Commentary on Hadith 2213)
From this hadith, it is understood that a woman who has been given three divorces (talaq) is neither entitled to maintenance (nafaqah) nor to residence (sukna).
There was some hesitation regarding this matter among Sayyiduna Umar, Sayyiduna Ibn Abbas, and Sayyidah Aisha radi Allahu anhum, because in the aforementioned noble verse it is clearly stated that neither should the husband forcibly expel the woman from the house, nor should the divorced woman herself leave the house during her waiting period (‘iddah), except if she commits an act of indecency; in that case, it is permissible to expel her from the house during the ‘iddah. That is why Sayyiduna Umar radi Allahu anhu said: If you bring two witnesses for your claim, we will accept it; otherwise, we will act according to the verse.
In the aforementioned narration, when Muhammad bin Ibrahim said to Sayyidah Fatimah bint Qays radi Allahu anha that you should fear Allah, for you are relating something contrary to the verse, this is of the same category.
And the noble verse is regarding a woman who has received a revocable divorce (talaq raj‘i): as long as the waiting period of a revocable divorce remains, the woman will stay in her husband’s house. It is possible that reconciliation may occur and the household may be saved from breaking. After three divorces, there is no possibility of reconciliation, so the woman’s staying in her husband’s house is purposeless and futile; therefore, she will spend this period with her own family, because the marital bond has ended, and thus the responsibility for her expenses and accommodation will not be upon the husband.
The hadith scholars (muhaddithin) have declared the aforementioned hadith to be authentic (sahih) and act upon it.
Further details will come under Hadith number (2311).
From this hadith, it is understood that a woman who has been given three divorces (talaq) is neither entitled to maintenance (nafaqah) nor to residence (sukna).
There was some hesitation regarding this matter among Sayyiduna Umar, Sayyiduna Ibn Abbas, and Sayyidah Aisha radi Allahu anhum, because in the aforementioned noble verse it is clearly stated that neither should the husband forcibly expel the woman from the house, nor should the divorced woman herself leave the house during her waiting period (‘iddah), except if she commits an act of indecency; in that case, it is permissible to expel her from the house during the ‘iddah. That is why Sayyiduna Umar radi Allahu anhu said: If you bring two witnesses for your claim, we will accept it; otherwise, we will act according to the verse.
In the aforementioned narration, when Muhammad bin Ibrahim said to Sayyidah Fatimah bint Qays radi Allahu anha that you should fear Allah, for you are relating something contrary to the verse, this is of the same category.
And the noble verse is regarding a woman who has received a revocable divorce (talaq raj‘i): as long as the waiting period of a revocable divorce remains, the woman will stay in her husband’s house. It is possible that reconciliation may occur and the household may be saved from breaking. After three divorces, there is no possibility of reconciliation, so the woman’s staying in her husband’s house is purposeless and futile; therefore, she will spend this period with her own family, because the marital bond has ended, and thus the responsibility for her expenses and accommodation will not be upon the husband.
The hadith scholars (muhaddithin) have declared the aforementioned hadith to be authentic (sahih) and act upon it.
Further details will come under Hadith number (2311).
