27/70. Chapter:

Sunan an-Nasai 3546 — Moving Home After Final Divorce

Concession Allowing An Irrevocably-Divorced Woman To Leave Her House During Her 'Iddah

Moving During Iddah After an Irrevocable Divorce

Sunan an-NasaiHadith Number 3546

أَخْبَرَنَا مُحَمَّدُ بْنُ رَافِعٍ، قَالَ حَدَّثَنَا حُجَيْنُ بْنُ الْمُثَنَّى، قَالَ حَدَّثَنَا اللَّيْثُ، عَنْ عُقَيْلٍ، عَنِ ابْنِ شِهَابٍ، عَنْ أَبِي سَلَمَةَ بْنِ عَبْدِ الرَّحْمَنِ، عَنْ فَاطِمَةَ بِنْتِ قَيْسٍ، أَنَّهَا أَخْبَرَتْهُ أَنَّهَا، كَانَتْ تَحْتَ أَبِي عَمْرِو بْنِ حَفْصِ بْنِ الْمُغِيرَةِ فَطَلَّقَهَا آخِرَ ثَلاَثِ تَطْلِيقَاتٍ ‏.‏ فَزَعَمَتْ فَاطِمَةُ أَنَّهَا جَاءَتْ رَسُولَ اللَّهِ صلى الله عليه وسلم فَاسْتَفْتَتْهُ فِي خُرُوجِهَا مِنْ بَيْتِهَا فَأَمَرَهَا أَنْ تَنْتَقِلَ إِلَى ابْنِ أُمِّ مَكْتُومٍ الأَعْمَى فَأَبَى مَرْوَانُ أَنْ يُصَدِّقَ فَاطِمَةَ فِي خُرُوجِ الْمُطَلَّقَةِ مِنْ بَيْتِهَا ‏.‏ قَالَ عُرْوَةُ أَنْكَرَتْ عَائِشَةُ ذَلِكَ عَلَى فَاطِمَةَ ‏.‏

Fatimah bint Qais Narrated from:

It was narrated from Abu Salamah bin 'Abdur-Rahman that Fatimah bint Qais told him that she was married to Abu 'Amr bin Hafs bin Al-Mughirah, who divorced her by giving her the last of three divorces. Fatimah said that she came to the Messenger of Allah and consulted him about leaving her house. He told her to move to the house of Ibn Umm Maktum, the blind man. Marwan refused to believe Fatimah about the divorced woman leaving her house. 'Urwah said: "Aishah denounced Fatimah for that."

Reference : Sunan an-Nasa'i 3546In-book reference : Book 27, Hadith 160English translation : Vol. 4, Book 27, Hadith 3576

Summary of Sunan an-Nasai Hadith 3546

This Hadith reports that Fatimah bint Qais received the last of three divorces from Abu Amr bin Hafs. She went to the Messenger of Allah and asked about leaving her house. He told her to move to the home of Ibn Umm Maktum, who was blind. The narration also records that Marwan did not accept her report as proof that a divorced woman could leave her home, and Urwah said that Aishah objected to Fatimah's account on this point. That disagreement is part of the text and should not be hidden. The Hadith therefore gives Fatimah's reported instruction while also showing that later listeners disputed how it should be used as a general ruling about iddah residence.

What we learn from this hadith

  • Fatimah reported being told to move after her final divorce.
  • The appointed home was that of the blind Ibn Umm Maktum.
  • The narration itself records disagreement over applying her report to divorced women generally.

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