Benefits of the Hadith: (… Fatimah bint Qays narrated that Abu 'Amr ibn Hafs divorced her with the final divorce while he was absent, so he sent his agent to her with barley, but she rejected it, and he said, “By Allah, you have no right to anything from us…”)

The Shaykh : In the name of Allah, the Most Gracious, the Most Merciful.
This hadith contains several points of discussion. The first is the phrase , meaning a divorce that is the final of three divorces. The meaning is not that he said, “You are divorced with the final divorce,” because if he had said, “You are divorced with the final divorce,” the correct ruling is that it counts as one divorce and does not result in a final separation. This is because the state of final separation or non-separation is not up to the man, but up to Allah (Mighty and Majestic). Therefore, not everyone who wants to divorce can say, “This is a final divorce,” absolutely not. A final divorce is what Allah the Exalted has made a final divorce. Accordingly, the meaning of “divorced her with the final divorce” is the final of three divorces.
Among the benefits of this hadith is the permissibility of divorcing a woman while absent, and that it is not a condition for divorce that the man face the woman when pronouncing it. If he divorces her while absent by writing, by witnesses, or otherwise, the divorce takes effect. Another benefit is the permissibility of appointing an agent to provide maintenance for the family, as indicated by the phrase “he sent his agent to her” and so on.
Another benefit of this hadith is that if a woman is given maintenance less than what is obligatory for her, she has the right to reject it and request maintenance appropriate to her situation. How is it determined to be appropriate? Is the consideration the husband’s condition, the wife’s condition, or both? The scholars have three opinions on this. The first opinion is that the husband’s condition is the standard. Thus, a wealthy man must provide wealthy-level maintenance, even if his wife is from the poor, and a poor man is not obligated to provide wealthy-level maintenance, even if his wife is from the wealthy. The second opinion is that the wife’s condition is the standard. Thus, a poor man is obligated to provide wealthy-level maintenance if his wife is wealthy, and a wealthy man is obligated to provide wealthy-level maintenance if his wife is poor. It was also said that the standard is the condition of both. Thus, a wealthy man with a wealthy wife provides wealthy-level maintenance, a poor man with a poor wife provides poor-level maintenance, and a wealthy man with a poor wife provides moderate maintenance, and vice versa, moderate maintenance is provided. The correct opinion, indicated by the Qur'an, is that the husband’s condition is the standard, as Allah the Exalted said: .
Another benefit of this hadith is the permissibility of dividing the nights without taking turns, based on the agent’s statement: “He said, ‘By Allah, you have no right to anything from us’”.
Another benefit is that the reference is to Allah and His Messenger, because the woman came to the Messenger of Allah (peace and blessings be upon him) and mentioned this to him.
Another benefit is that a woman who has been finally divorced, and this is the evidence, is not entitled to maintenance. This is based on the saying of the Prophet (peace and blessings be upon him): . If someone asks, “Does this imply that a finally divorced woman has no maintenance at all, even if she is pregnant?” The answer is no, because it is possible that the Messenger of Allah (peace and blessings be upon him) knew her condition and that she was not pregnant, because Allah the Exalted says: .
Another benefit is the permissibility for a mufti to issue a fatwa based on what he knows about the questioner’s situation without asking for details, because asking for details when the situation is known and unchanged is unnecessary lengthening without benefit. However, a judge does not rule based on his own knowledge. A judge does not rule based on his own knowledge, meaning if two men dispute before a judge and the judge knows that Zayd has the right over 'Amr, he does not rule in Zayd’s favor. If Zayd claims against 'Amr before the judge that he lent him a thousand dirhams, and the judge knows this, does he rule in Zayd’s favor against 'Amr for the thousand dirhams in the dispute? No, he does not rule. Now, the claim will be directed at the defendant, and if he swears an oath, the dispute ends. What does the judge do in this situation? The scholars said that in this situation, the judge transfers the case to another judge, and the first judge becomes a witness. If he testifies along with the oath of the claimant, the claimant is ruled in favor. As for the mufti, he may issue a fatwa based on his knowledge. Therefore, it is permissible to issue a fatwa regarding an absent person, but it is not permissible to rule regarding an absent person. Yes.
Another benefit of this hadith is that a woman who has been finally divorced is not obligated to observe her waiting period in her husband’s house, because the Prophet (peace and blessings be upon him) ordered her to observe it in whose house? In the house of Umm Sharik. So, if a man divorces his wife three times, meaning the final divorce, she is not obligated to remain in the house; she may go to her family’s house, and there is no harm in that. However, a woman in a revocable divorce is obligated to remain in the house. If a man divorces his wife with a revocable divorce, she is obligated to remain in the house and not leave, based on the saying of Allah the Exalted: .
Another benefit of the hadith is the permissibility of men entering upon a woman, based on the saying of the Messenger of Allah (peace and blessings be upon him): , meaning they come to her frequently. However, it is a condition that the man does not be alone with her if he is not one of her mahrams. Where did we derive this condition? From other texts, because the Shari'ah completes one part of itself with another.
Another benefit of this hadith is that it is not obligatory for a woman to veil herself from a blind man, based on his saying (peace and blessings be upon him): . Accordingly, if it is not obligatory for her to veil herself from him, it is permissible for her to look at him, and that is the case. Branching from this benefit is another benefit, which is that it is permissible for a woman to look at a man, at his face, at his head, at his hand, at his forearm, at his leg, at his foot. It is permissible for her to see this, except if her look is a look of desire or a look of pleasure, in which case it is not permissible, based on the saying of Allah the Exalted: .
Another benefit of this hadith is that it is permissible for a man to say to a woman in her waiting period, “When you are finished with the waiting period, inform me.” This is a type of indirect proposal, with the letter kha. It is permissible for a finally divorced woman to be proposed to indirectly, not explicitly. This is indicated by the saying of Allah the Exalted: . As for a woman in a revocable divorce, it is not permissible for anyone to propose to her, neither explicitly nor indirectly. For a finally divorced woman, we said it is permissible to propose to her indirectly, not explicitly, and it is permissible for one to whom she is lawful to propose to her explicitly and indirectly, meaning a finally divorced woman. Who is she lawful to? Her husband. It is permissible for him to propose to her explicitly and indirectly. For example, a man divorces his wife for the first time without knowing whether she is in her waiting period or not. Is it permissible for another man to propose to her? It is not permissible, neither explicitly nor indirectly, because she is a wife. The second example: a man dies leaving his wife in his house. Is it permissible for another man to propose to her indirectly, not explicitly? He might say, for example, “By Allah, you are a good woman, beloved, and I desire someone like you.” This is an indirect proposal. Or he might say, “When your waiting period is over, inform me.” This is also an indirect proposal. An example of a finally divorced woman who is not lawful to her husband is if he divorces her in exchange for compensation. If a woman is divorced by her husband in exchange for compensation, he does not have the right to take her back, because this compensation is like buying her from her husband, and for this reason Allah called it a ransom. If she has bought herself from her husband, she owns herself. It is permissible for her husband to propose to her explicitly and indirectly and to contract her marriage.
Another benefit of this hadith is that it is permissible for multiple suitors to approach a woman, because Fatimah (may Allah be pleased with her) had three suitors: Mu'awiyah ibn Abi Sufyan, Abu Jahm, and Usamah ibn Zayd. If someone asks, “Is it not known that it is not permissible for a man to propose to a woman who is already being proposed to by his brother?” We say, yes, but some of these men proposed to this woman without knowing that she was already being proposed to, or without knowing the prohibition. However, if they knew the prohibition and knew that she was already being proposed to, this would not occur among the Companions, given what is known of their character. If a man knows that she is already being proposed to, it is not permissible for him to approach her. If they have accepted the proposal, the matter is clear that it is not permissible. If he does not know whether they have accepted it or not, it is also not permissible, because they may be on the verge of acceptance, and if the second man proposes, they might switch. This is similar to outbidding a brother’s bid, and the Prophet (peace and blessings be upon him) prohibited it. If he knows that they have rejected the proposal, is it permissible for him to propose over his brother’s proposal? Yes, it is permissible.
Among the benefits of this hadith is the permissibility of mentioning a person with what he dislikes if it is in the context of advice. The Prophet (peace and blessings be upon him) mentioned Mu'awiyah and Abu Jahm with things they did not like to be mentioned with. So what did Mu'awiyah criticize? Was he pious? He was poor, a vagrant with no money. And he criticized Abu Jahm for not taking the stick off his shoulder. What does "not taking the stick off his shoulder" mean? It was said that it means he travels a lot. A woman does not want a husband who travels a lot; she wants a husband who is with her. It was also said that it means he beats women, and this came in a narration that he beats women. It is derived from this hadith that it is permissible to consider the suitor's wealth, and it is permissible to reject him if he is poor. Accordingly, the statement of the Prophet (peace and blessings be upon him) However, other texts state that if he is poor, there is no harm in turning away from him, because the woman seeks comfort and maintenance. If she rejects this man because he is poor, there is no blame on her and she does not sin by doing so.
Likewise, among its benefits is that there is no harm in rejecting a suitor if one knows that he travels a lot. Is that clear? And if one knows that he beats women, that falls under character . Who is pleased with the character of a man who has his stick on his shoulder over his women? No one is pleased with that. Yes.
We mentioned that among the benefits of this hadith is the permissibility of mentioning a person with what he dislikes if it is in the way of advice. Now, if it is in the way of disparaging him? Then it is not permissible, because that is backbiting. And if it is neither this nor that, it is also not permissible due to the generality of his statement .
Among the benefits of this hadith is the indication that Allah the Exalted is the One in whose hand is the dominion of the heavens and the earth. So this vagrant, Mu'awiyah, what was his condition afterwards? He became a Caliph, the Commander of the Faithful, from the east of the earth to its west. This indicates that the matter is in the hand of Allah. How many poor people became rich, and how many rich people became poor.
Among the benefits of this hadith is the indication that when giving advice, one should point to what is best, and this is obligatory. So whoever consults you about a matter, it is obligatory for you to look at what is most beneficial for his condition. Here we say that you may advise one person with something and advise another with the opposite. If a man comes to us who is weak in build and weak in resolve, but strong in memory and strong in understanding, and he says, "What do you think, should I seek knowledge or fight?" What do we say? First, we say, "Seek knowledge." And if a man comes to us who is strong, brave, and a hero, but dull—if he wants to memorize, he does not memorize, and if he memorizes, he does not understand—what do we say to him, which is better, jihad or knowledge? Jihad. Two men consult you about jihad or knowledge, so you advise one of them with knowledge and the other with jihad, because for every situation there is a statement. Likewise, a person may consult you and say, "This woman has a good doctorate in Islamic Shari'ah jurisprudence. Do you advise me to marry her?" I say to him, "No." Another person comes to consult me about her, and I say, "Yes." Why? Because the first one does not know A, B, T, Th, meaning he does not know the letter A from the letter B, and she is a doctor. If he married her, she would be arrogant toward him and harm him. The second is a man with a doctorate in Islamic and non-Islamic sciences. Do we advise him or not? Yes, we advise him. In any case, the important thing is that it is obligatory for the person who is consulted to look at the condition of the one who consulted him and what is suitable for him. Yes.
Among the benefits of this hadith is that a person is not blamed regarding his own condition and capacity if he goes against the advice. Because when the Prophet (peace and blessings be upon him) advised Fatimah to marry Usamah, she disliked him. Why? Because Fatimah bint Qays was from the pure Arabs, and Usamah ibn Zayd was a freed slave from the freed slaves, so she disliked him. But the Prophet (peace and blessings be upon him) said, "Marry Usamah" again, so she married him, and Allah made good in him, and she was pleased with him.
Among the benefits of this hadith is the blessing of consulting the Prophet (peace and blessings be upon him) in this matter and in others. Yes.