Irrevocable divorce dropping the right of alimony and accommodation
Q 1:
Is it true that irrevocable divorce drops the right of alimony and accommodation
for the divorced woman? It is mentioned in the Hadith narrated by
Fatimah bint Qays
(may Allah be pleased with her) (Part No. 20; Page No. 227) that when her husband form the Makhzum tribe divorced her irrevocably and she came to ask the Prophet (peace be upon him), he said to her, "There is no alimony for you even if the divorce is full of abuse and oppression."
A:
It is authentically reported in Musnad (Hadith compilation) of
Imam Ahmad and in Sahih
Muslim
on the authority of
Fatimah bint Qays that the Prophet (peace be upon him) said, regarding a woman divorced three times,
She is not entitled to have the right of accommodation or alimony (by her ex-husband).
In another narration, she said:
My husband divorced me thrice, but the Messenger of Allah (peace be upon him) did not assign me an accommodation or alimony (by my ex-husband).
(Related by the Six Hadith Compilers [Muslim, Abu Dawud, Al-Tirmidhy, Al-Nasa'y, and Ibn Majah] except
Al-Bukhari)
In another narration of
Ahmad,
Abu Dawud,
Al-Nasa'y and
Muslim
...Unless you are pregnant.
These proofs indicate that the irrevocably divorced woman gets no alimony or accommodation unless she is pregnant. She has the right of alimony in this case based on the proof mentioned above because the baby will be his and he must support him financially and he can not support him unless he supports her. May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.