Here the view of the scholars of the Salaf and those who follow them is that
housing is not obligatory in the case of the irrevocably divorced woman. They
also relied on the Hadith of Fatimah bint Qays Al-Fihriyah when her husband Abu
`Amr bin Hafs divorced her the third and final time. He was away from her in
Yemen at the time, and he sent her his decision to divorce her. He also sent
some barley with his messenger, but she did not like the amount or method of
compensation. He said, "By Allah I am not obligated to spend upon you.'' So, she
went to Allah's Messenger , who said,
«لَيْسَ لَكِ
عَلَيْهِ نَفَقَة»
(There is no obligation on him to spend on you.) Muslim added in his
narration,
«وَلَا
سُكْنَى»
(nor housing.) And he ordered her to finish her `Iddah period in the house of
Umm Sharik. He then said,
«تِلْكَ امْرَأَةٌ
يَغْشَاهَا أَصْحَابِي، اعْتَدِّي عِنْدَ ابْنِ أُمِّ مَكْتُومٍ، فَإِنَّهُ رَجُلٌ
أَعْمَى تَضَعِينَ ثِيَابَك»
(She is a woman my Companions visit. Spend this period in the house of Ibn
Umm Maktum, for he is a blind man; [he cannot see you if] you take off your
garments.) Imam Ahmad collected this Hadith using another chain of narration. In
his narration, the Messenger of Allah said,
«انْظُرِي يَا بِنْتَ
آلِ قَيْسٍ إِنَّمَا النَّفَقَةُ وَالسُّكْنَى لِلْمَرْأَةِ عَلَى زَوْجِهَا، مَا
كَانَتْ لَهُ عَلَيْهَا رَجْعَةٌ، فَإِذَا لَمْ يَكُنْ لَهُ عَلَيْهَا رَجْعَةٌ
فَلَا نَفَقَةَ وَلَا سُكْنَى،اخْرُجِي فَانْزِلِي عَلَى فُلَانَة»
(Look O daughter of the family of Qays! Spending and housing are required
from the husband who can return to his wife. So if he does not have the right to
return to her, then she does not have the right to spending and housing. So
leave his house and go to so-and-so woman.) He then said,
«إِنَّهُ يُتَحَدَّثُ
إِلَيْهَا، انْزِلِي عَلَى ابْنِ أُمِّ مَكْتُومٍ فَإِنَّهُ أَعْمَى لَا
يَرَاك»
(They speak to her. Therefore, go to Ibn Umm Maktum, for he is a blind man
and cannot see you.) Abu Al-Qasim At-Tabarani recorded that `Amir Ash-Sha`bi
went to Fatimah bint Qays, sister of Ad-Dahhak bin Qays, from the tribe of
Quraysh. Fatimah was married to Abu `Amr bin Hafs bin Al-Mughirah, from Bani
Makhzum. She said, "Abu `Amr bin Hafs sent me his decision to divorce me while
he was in an army that had gone to Yemen. I asked his friends to provide me with
financial provisions and housing. They said, `He did not send us anything for
that, nor did he request it from us.' I went to Allah's Messenger and said to
him, `O Allah's Messenger! Abu `Amr bin Hafs divorced me, and I asked his
friends to provide me with spending and housing and they said that he did not
send them anything for that.' Allah's Messenger said,
«إِنَّمَا السُّكْنَى
وَالنَّفَقَةُ لِلْمَرْأَةِ إِذَا كَانَ لِزَوْجِهَا عَلَيْهَا رَجْعَةٌ، فَإِذَا
كَانَتْ لَا تَحِلُّ لَهُ حَتْى تَنْكِحَ زَوْجًا غَيْرَهُ:فَلَا نَفَقَةَ لَهَا
وَلَا سُكْنَى»
(Spending and housing are required from the husband for his divorced wife if
he can return to her. If she is not permitted for him anymore, until she marries
another husband, then he does not have to provide her with spending and
housing.)'' An-Nasa'i also recorded this narration.
[فَإِذَا بَلَغْنَ
أَجَلَهُنَّ فَأَمْسِكُوهُنَّ بِمَعْرُوفٍ أَوْ فَارِقُوهُنَّ بِمَعْرُوفٍ
وَأَشْهِدُواْ ذَوَى عَدْلٍ مِّنكُمْ وَأَقِيمُواْ الشَّهَـدَةَ لِلَّهِ ذَلِكُمْ
يُوعَظُ بِهِ مَن كَانَ يُؤْمِنُ بِاللَّهِ وَالْيَوْمِ الاٌّخِرِ وَمَن يَتَّقِ
اللَّهَ يَجْعَل لَّهُ مَخْرَجاً - وَيَرْزُقْهُ مِنْ حَيْثُ لاَ يَحْتَسِبُ وَمَن
يَتَوَكَّلْ عَلَى اللَّهِ فَهُوَ حَسْبُهُ إِنَّ اللَّهَ بَـلِغُ أَمْرِهِ قَدْ
جَعَلَ اللَّهُ لِكُلِّ شَىْءٍ قَدْراً ]
(2. Then when they are about to attain their term appointed, either take them
back in a good manner or part with them in a good manner. And take as witness
two just persons from among you. And establish the testimony for Allah. That
will be an admonition given to him who believes in Allah and the Last Day. And
whosoever has Taqwa of Allah, He will make a way for him to get out.) (3. And He
will provide him from where he never could imagine. And whosoever puts his trust
in Allah, then He will suffice him. Verily, Allah will accomplish his purpose.
Indeed Allah has set a measure for all things.)