Source: Fatāwā Amunpuri by Shaykh Ghulam Mustafa Zaheer Amunpuri
If the third divorce has already taken place, then the right of revocation (rujūʿ) comes to an end. Therefore, during the ʿiddah of an irrevocable divorce (ṭalāq bāʾin), maintenance is not obligatory upon the husband.
❀ The Noble Prophet ﷺ said:
إِنَّمَا النَّفَقَةُ وَالسُّكْنَى لِلْمَرْأَةِ إِذَا كَانَ لِزَوْجِهَا عَلَيْهَا الرَّجْعَةُ
“Maintenance and residence are only for the woman when her husband has the right of revocation over her.”
✔ Its chain is authentic.
❀ Ḥāfiẓ al-Baghawī رحمه الله (d. 516 AH) writes:
لَا خِلَافَ بَيْنَ أَهْلِ الْعِلْمِ فِي الْمُعْتَدَّةِ الرَّجْعِيَّةِ أَنَّهَا تَسْتَحِقُّ النَّفَقَةَ وَالسُّكْنَى عَلَى زَوْجِهَا
“There is no difference of opinion among the people of knowledge that a woman observing the ʿiddah of a revocable divorce is entitled to maintenance and residence from her husband.”
❖ Question:
If a woman has been given the third divorce and she is still in her ʿiddah, is her maintenance (nafaqah) obligatory upon the husband during the ʿiddah period or not?✿ Answer:
Maintenance is obligatory upon the husband only when the woman is observing the ʿiddah of a revocable divorce (ṭalāq rajʿī).If the third divorce has already taken place, then the right of revocation (rujūʿ) comes to an end. Therefore, during the ʿiddah of an irrevocable divorce (ṭalāq bāʾin), maintenance is not obligatory upon the husband.
❀ The Noble Prophet ﷺ said:
إِنَّمَا النَّفَقَةُ وَالسُّكْنَى لِلْمَرْأَةِ إِذَا كَانَ لِزَوْجِهَا عَلَيْهَا الرَّجْعَةُ
“Maintenance and residence are only for the woman when her husband has the right of revocation over her.”
Reference: Sunan an-Nasāʾī: 3403
✔ Its chain is authentic.
✿ Scholarly Consensus (Ijmaʿ):
There is consensus and agreement among the Muslims on this matter.❀ Ḥāfiẓ al-Baghawī رحمه الله (d. 516 AH) writes:
لَا خِلَافَ بَيْنَ أَهْلِ الْعِلْمِ فِي الْمُعْتَدَّةِ الرَّجْعِيَّةِ أَنَّهَا تَسْتَحِقُّ النَّفَقَةَ وَالسُّكْنَى عَلَى زَوْجِهَا
“There is no difference of opinion among the people of knowledge that a woman observing the ʿiddah of a revocable divorce is entitled to maintenance and residence from her husband.”
Reference: Sharḥ al-Sunnah: 9/302
