27/72. Chapter:
Sunan an-Nasai 3551 — Provision After an Irrevocable Divorce
Maintenance Of An Irrevocably-Divorced Woman
Final Divorce: Food Provision, Housing, and Maintenance
Sunan an-Nasai : 3551
Sunan an-NasaiHadith Number 3551
أَخْبَرَنَا أَحْمَدُ بْنُ عَبْدِ اللَّهِ بْنِ الْحَكَمِ، قَالَ حَدَّثَنَا مُحَمَّدُ بْنُ جَعْفَرٍ، قَالَ حَدَّثَنَا شُعْبَةُ، عَنْ أَبِي بَكْرِ بْنِ أَبِي الْجَهْمِ، قَالَ دَخَلْتُ أَنَا وَأَبُو سَلَمَةَ عَلَى فَاطِمَةَ بِنْتِ قَيْسٍ قَالَتْ طَلَّقَنِي زَوْجِي فَلَمْ يَجْعَلْ لِي سُكْنَى وَلاَ نَفَقَةً - قَالَتْ - فَوَضَعَ لِي عَشْرَةَ أَقْفِزَةٍ عِنْدَ ابْنِ عَمٍّ لَهُ خَمْسَةُ شَعِيرٍ وَخَمْسَةُ تَمْرٍ فَأَتَيْتُ رَسُولَ اللَّهِ صلى الله عليه وسلم فَقُلْتُ لَهُ ذَلِكَ فَقَالَ " صَدَقَ " . وَأَمَرَنِي أَنْ أَعْتَدَّ فِي بَيْتِ فُلاَنٍ وَكَانَ زَوْجُهَا طَلَّقَهَا طَلاَقًا بَائِنًا .
It was narrated that Abu Bakr bin Hafs said: Abu Salamah and I entered upon Fatimah bint Qais, who said: "My husband divorced me and he did not give me any accommodation or maintenance." She said: "He left with me ten measures (Aqfizah) (of food) with a cousin of his: Five of barley and five of dates. I went to the Messenger of Allah and told him about that. He said: 'He has spoken the truth.' And he told me to observe my 'Iddah in the house of so-and-so." And her husband had divorced her irrevocably.
[1] This is considered an error by one of the copyists, what is correct is Abû Bakr bin Abî Al-Jahm, as found for this narration in Al-Kubra , and affirmed in Tuhfat Al-Ashraf (12:469). See No. 3447.Reference : Sunan an-Nasa'i 3551In-book reference : Book 27, Hadith 165English translation : Vol. 4, Book 27, Hadith 3581
Summary of Sunan an-Nasai Hadith 3551
This Hadith records Fatimah bint Qais's account of an irrevocable divorce. She said her husband did not provide her with accommodation or maintenance. He did, however, leave ten measures of food with his cousin: five of barley and five of dates. Fatimah took the matter to the Messenger of Allah. After hearing what had happened, he said that her husband had spoken truthfully and instructed her to observe iddah in another person's house. The narration makes an important distinction between the food that was left and a recognized duty in her reported case. It also confirms that her divorce was final. The explanation should stay with these facts and avoid turning one case into an unstated rule for every divorced woman.
What we learn from this hadith
- Fatimah's husband left barley and dates through his cousin.
- She reported that housing and maintenance were not granted in her final divorce case.
- She was instructed to complete iddah in another home.
