Divorce that severs the marriage: Does it drop the obligation of maintenance and housing?
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The first question of Fatwa No. ( 20918 )
Q1: Is it true that a final divorce (ba'in) drops the right to financial maintenance and housing for the divorced woman based on the hadith of Fatimah bint Qays (may Allah be pleased with her)?
(may Allah be pleased with her) when her husband from the Banu Makhzum tribe divorced her, so she came to ask the Prophet (peace and blessings be upon him), and her divorce was a final divorce, so he said to her: You have no right to maintenance, even if the divorce involved arbitrariness and injustice?
A1: It is established in (Musnad Imam Ahmad ) and in (Sahih Muslim ) from Fatimah bint Qays from the Prophet (peace and blessings be upon him) regarding the woman divorced three times, he said:Sahih Muslim 1480l And in a narration from her, she said: Sunan al-Bayhaqi 15:31 Narrated by the group except al-Bukhari And in a narration of Ahmad and Abu Dawud and al-Nasa'i and Muslim Sunan Abi Dawud 2290Sahih (Al-Albani) These proofs indicate that the woman divorced with a final divorce has no right to maintenance or housing, except if she is pregnant, in which case she has the right to maintenance; due to the previous proof, and because the fetus is her child, so he is obligated to spend on it, and he cannot spend on it except by spending on her. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q1: Is it true that a final divorce (ba'in) drops the right to financial maintenance and housing for the divorced woman based on the hadith of Fatimah bint Qays (may Allah be pleased with her)?
(may Allah be pleased with her) when her husband from the Banu Makhzum tribe divorced her, so she came to ask the Prophet (peace and blessings be upon him), and her divorce was a final divorce, so he said to her: You have no right to maintenance, even if the divorce involved arbitrariness and injustice?
A1: It is established in (Musnad Imam Ahmad ) and in (Sahih Muslim ) from Fatimah bint Qays from the Prophet (peace and blessings be upon him) regarding the woman divorced three times, he said:
there is no lodging and maintenance allowance
ليس لها سكنى ولا نفقةMy husband divorced me three times, so the Messenger of Allah (peace and blessings be upon him) did not grant me housing or maintenance
طلقني زوجي ثلاثًا فلم يجعل لي رسول الله -صلى الله عليه وسلم- سكنى ولا نفقةexcept in case you are pregnant
إلا أن تكوني حاملا
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.