ത്വലാഖ് (കിതാബുത്ത് ത്വലാഖ്)

Abu Salamah bin ‘Abd Al Rahman said that Fatimah daughter of Qais told him that Abu Hafs Al Mughirah divorced her three times. He then narrated the rest of the tradition. The version has Khalid bin Walid and some people of Banu Makhzum came to the Prophet (ﷺ) and said Prophet of Allaah (ﷺ) Abu Hafs Al Mughirah divorced his wife three times and he has left a little for her. He said “No maintenance is necessary for her. He then transmitted the rest of the tradition. The tradition narrated by Malik is more perfect

Abu Salamah reported on the authority of Fatimah daughter of Qais that Abu ‘Amr bin Hafs Al Makhzumi divorced her three times. He then narrated the rest of the tradition. He then mentioned about Khalid bin Walid and said that the Prophet (ﷺ) said “There are no maintenance and dwelling for her.” This version has “The Apostle of Allaah(ﷺ) sent a message to her “Do not give her consent for marriage without my permission.””

Fatimah daughter of Qais said “I was married to a man of Banu Makhzum. He divorced me absolutely. The narrator then transmitted the rest of the tradition like that of Malik. This version has “Do not marry yourself without my permission.” Abu Dawud said Al Sha’bi, Al Bahiyy and ata from abd Al Rahman bin asim and Abu Bakr bin Abi Al Jahm all narrated on the authority of Fatimah daughter of Qais that her husband had divorced her three times

The tradition mentioned above has also been transmitted by Al Sha’bi through a different chain of narrators. This version has “The husband of Fathima daughter of Qais pronounced her triple divorce. The Prophet (ﷺ) did not allow her to have maintenance and dwelling.”

Abu Salamah reported on the authority of Fatimah daughter of Qays who said to him that she was the wife of AbuHafs ibn al-Mughirah who divorced her by three pronouncements. She said that she came to the Messenger of Allah (ﷺ) and sought his opinion about her going out from her house. He commanded her to shift to (the house of )Ibn Umm Maktum who was blind. Marwan denied to confirm the tradition of Fatimah about the going out of a divorced woman from her house. Urwah said:Aisha objected to Fatimah daughter of Qays. Abu Dawud said: Salih b. Kaisan, Ibn Juraij, and Shu'aib b. Abi Hamzah -- all of them narrated on the authority of al-Zuhru in a similar way. Abu Dawud said: Shu'aibn b. Abi Hamzah the name of Abu Hamzah is Dinar. He is a client of Ziyad

‘Ubaid Allah said “Marwan sent someone (Qabisah) to Fatimah and asked her (about the case). She said that she was the wife of Abu Hafs. The Prophet (ﷺ) appointed ‘Ali as governor in a certain part of Yemen. Her husband also proceeded with him. From there he sent a message to her pronouncing one divorce that had yet remained. He commanded ‘Ayyash bin Abi Rabi’ah and Al Harith bin Hisham to provide maintenance to her. They said “By Allah there is no sustenance for her except in case she is pregnant.” She came to the Prophet(ﷺ) who said “There is no sustenance for you except in case you are pregnant. She then asked permission to shift (from her house) and he gave her permission.” She asked “Where should I shift. Apostle of Allaah(ﷺ)? The Apostle of Allaah(ﷺ) said to Ibn Umm Maktum . He was blind. She would undress herself and he could not see her. She lived there till her waiting period passed. The Prophet (ﷺ) married her to Usamah. Qabisah then returned to Marwan and narrated that to him. Marwan said “We did not hear this tradition except from a woman, so we shall follow the reliable practice on which we found the people”. When this reached Fatimah she said “between me and you is the Book of Allah”. Allaah the exalted said “Divorce them for their waiting period...” Thou knowest not it may be that Allaah will afterward bring some new thing to pass. She said “What a new thing will emerge after triple divorce.” Abu Dawud said “A similar tradition has been narrated by Yunus on the authority of Al Zuhri. As for Al Zubaidi he narrated both traditions, the tradition of ‘Ubaid Allah in the version of Ma’mar and the tradition of Abu Salamah in the version of ‘Aqil.” Abu Dawud said “Muhammad bin Ishaq narrated on the authority of Al Zuhri that Qabisah bin Dhuwaib transmitted to him the version which was narrated by ‘Ubaid Allah bin ‘Abd Allaah which has Qabisah then returned to Marwan and informed him about that.”

Abu Ishaq said “I was with Al Aswad in the congregational mosque. He said “Fathimah daughter of Qais came to ‘Umar bin Al Khattab(may Allaah be pleased with him). (When she narrated the tradition about her divorce) he said “We are not to leave the Book of our Lord and the Sunnah of our Prophet (ﷺ) for the statement of a woman, we do not know whether she remembered it or not.”

Urwah said:Aisha (Allah be pleased with her) severely objected to the tradition of Fatimah daughter of Qays. She said: Fatimah lived in a desolate house and she feared for her loneliness there. Hence the Messenger of Allah (ﷺ) accorded permission to her (to leave the place)

Urwah ibn az-Zubayr said:Aisha was asked: Did you not see (i.e. known) the statement of Fatimah? She replied: It is not good for her to mention it (to others)

Sulaimah bin Yasar said about leaving the house by Fathimah “That was due to her bad manners.”