Azami 6670

Muslim narrated it in the Book of Divorce (44:1480) through several routes from Abdul-Rahman bin Mahdi, who said, "Sufyan told us, from Salama bin Kuhayl, from Shaybi, from Fatimah bint Qays," and he related it.Similar in meaning is what was reported from Ibn Abbas, who said, "Fatimah bint Qays told me that the Messenger of Allah ﷺ did not grant her housing or maintenance." Ahmad narrated it (27330), and Tabarani in Al-Kabir (24/362) and Al-Saghir (381), through several routes from Abdul-Wahid bin Ziyad, who said, "Hajjaj bin Artah told us, he said, Ata told us, from Ibn Abbas," and he related it. Hajjaj is daif.Daraqutni said in Al-Ilal (15/374), "Amr bin Dinar narrated it from Ata, from Fatimah bint Qays, without mentioning Ibn Abbas in it, and this is closer to being correct."As for what was reported with the addition of the Prophet's ﷺ statement, "Maintenance and housing are due to a woman only when her husband still has the right to take her back," this is daif. Amir Shaybi narrated it from Fatimah bint Qays, and two people narrated it from him. The first is Saeed bin Yazid Ahmasi, who said, "Shaybi told us," and Nasai narrated it (3403) through his route. The second is Mujalid, who said, "Amir told us, 'I came to Madinah and went to Fatimah bint Qays,'" and he related the hadith at length, and Ahmad narrated it (27100) through his route.But all the other companions of Amir Shaybi disagreed with these two and did not mention this addition in their reports. Among them, as mentioned by Muslim, are Sayyar, Husayn, Mughira, Ashath, Mujalid, Ismail bin Abu Khalid, and Dawud, all of them reporting from Shaybi, who said, "I visited Fatimah bint Qays and asked her about the Messenger of Allah's ﷺ ruling concerning her." She said, "Her husband divorced her irrevocably." She said, "So I brought a dispute against him before the Messenger of Allah ﷺ regarding housing and maintenance." She said, "He did not grant me housing or maintenance."The practice among the jurists of the hadith scholars follows the hadith of Fatimah bint Qays. They say that a divorced woman is not entitled to housing or maintenance if her husband no longer has the right to take her back. These include Ahmad, Ishaq, Abu Thawr, Dawud Zahiri, and many of the early scholars. This was also the position of Ali, Ibn Abbas, Jabir, and Fatimah bint Qays herself, the woman at the center of the story, who used to argue in support of it.Abu Hanifa and most of the scholars of Iraq held that she is entitled to both housing and maintenance. This was the position of Umar and Abdullah bin Masud.Malik and Shafii said that she is entitled to housing but not maintenance. This was the position of Ayesha and the seven jurists of Madinah.Shafii said, "We granted her housing on the basis of the Book of Allah Almighty," "Do not turn them out of their houses, nor should they leave, unless they commit a clear indecency" [Talaq 65:1]. This is what he said, may Allah have mercy on him, even though housing necessarily entails maintenance, for the statement of Allah Almighty, "Do not turn them out of their houses" [Talaq 65:1], necessarily implies both housing and maintenance together.