73 - Chapter: Maintenance for a Divorced Woman (Al-Ba'inah)

3551 - Ahmad ibn 'Abdillah ibn al-Hakam informed us, saying: Muhammad ibn Ja'far narrated to us, saying: Shu'bah narrated to us, from Abu Bakr ibn Abi al-Jahm, who said:

I and Abu Salamah entered upon Fatimah bint Qays. She said: "My husband divorced me, and he did not provide me with housing or maintenance." She said: "He placed for me ten aqfizah (measures) with a cousin of his—five of barley and five of dates. So I came to the Messenger of Allah, peace and blessings be upon him, and told him about that. He said: 'He spoke the truth.' And he commanded me to observe my 'iddah (waiting period) in the house of so-and-so." Her husband had divorced her with a final (ba'in) divorce.

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[Editorial notes from the source text:]

= Ibn Jurayj is 'Abd al-Malik ibn 'Abd al-'Aziz, and Abu al-Zubayr is Muhammad ibn Muslim ibn Tadrus. Both have explicitly stated their direct hearing (al-tahdith) in the narrations of other than the compiler. The hadith is in "Al-Sunan al-Kubra" under number (5714).

It was also narrated by Ahmad (14444), Muslim (1483), Abu Dawud (2297), and Ibn Majah (2034) through various chains from Ibn Jurayj, with this chain of transmission. In Abu Dawud's version it includes: "My aunt was divorced three times."

Al-Sindi said: His statement "she was divorced" is in the passive voice, and "fajuddi" (so cut) with a damma on the jim and shaddah on the dal, meaning: cut its fruit, "and do good" — as if what is meant by charity (al-tasadduq) is the obligatory, and by good (al-ma'ruf) is the voluntary. The hadith concerns the divorced woman, and the compiler derived from it the ruling for the woman whose husband has died, because if a divorced woman—who receives maintenance from her husband in cases of less than three divorces by consensus, and in cases of three divorces according to the differing opinions—is permitted to go out for this reason mentioned in the hadith, then the permissibility of going out for the woman whose husband has died is even more applicable, or at least equal, since this reason is shared between them equally. And because establishing the ruling through the hadith for the woman whose husband has died is more precise than for the divorced woman, he adjusted the chapter heading in "Al-Mujtaba" to what you see, as he observes precision in chapter headings. He said in "Al-Kubra": "Chapter: The Going Out of the Absolutely Divorced Woman During the Day." And Allah Most High knows best.

(1) In the manuscript copies and printed editions: Abu Bakr ibn Hafs. In "Al-Sunan al-Kubra" (5714) by the compiler: ibn Jahm. Both are errors, and what is confirmed is from "Tuhfat al-Ashraf" (18037).
(2) In (R): "He placed for me ten aqfizah with a cousin of his."
(3) Confirmed from (M); in other copies: "five of barley, and five of dates."
(4) Its chain of transmission is authentic. Abu Bakr ibn Abi al-Jahm: he is Abu Bakr ibn 'Abdillah ibn Abi al-Jahm.