She said, "My husband divorced me, and I wanted to move to another residence. So I came to the Messenger of Allah ﷺ, and he said, 'Move to the house of your cousin Amr bin Umm Maktum and observe your waiting period there.'"Aswad threw pebbles at him and said, "Woe to you! Why do you give such a fatwa?"Umar said, "If you bring two witnesses who testify that they heard this from the Messenger of Allah ﷺ, we will accept it. Otherwise, we will not abandon the Book of Allah for the word of a woman. 'Do not expel them from their houses, nor shall they leave, unless they commit a clear indecency' [Talaq 65:1]."
طلقني زوجي فأردت النقلة، فأتيت رسول الله ﷺ فقال: انتقلي إلى بيت ابن عمك عمرو بن أم مكتوم، فاعتدي فيه فحصبه الأسود وقال: ويلك لم تفتي بمثل هذا؟ قال عمر: إن جئت بشاهدين يشهدان أنهما سمعاه من رسول الله ﷺ، وإلا لم نترك كتاب الله لقول امرأة {لا تخرجوهن من بيوتهن ولا يخرجن إلا أن يأتين بفاحشة مبينة} [سورة الطلاق: ١]
Nasai (3549) and Daraqutni, and from his route Bayhaqi (7/431), all narrated it from the hadith of Ammar bin Raziq, from Abu Ishaq, from Shaybi, who related it.Umar bin Khattab's objection to Fatimah bint Qays was based on his general approach to the sunnah of the Prophet, in that he was cautious in accepting it, and so he would ask for someone to corroborate the narrator, not that he was rejecting the sunnah itself. Some scholars have held that this statement of his is not sahih, as Abu Dawud reported from Imam Ahmad in Masail Ahmad (p. 184). Perhaps he meant what was transmitted through the route of Ibrahim Nakhai from Umar, since Ibrahim never met Umar, as Hafiz stated in Fath al-Bari (9/397). What he means is what Tirmidhi (1180) narrated through the route of Mughira, from Shaybi, who said, Fatimah bint Qays said, "My husband divorced me with a triple divorce during the time of the Messenger of Allah ﷺ, and the Messenger of Allah ﷺ said, 'You are entitled to neither housing nor maintenance.'"Mughira said, I mentioned this to Ibrahim, and he said, Umar said, "We will not abandon the Book of Allah and the sunnah of His Prophet for the word of a woman we do not know whether she remembered correctly or forgot."Yet Umar himself used to grant her housing and maintenance.