961 – Al-Shaʿbī reports from Fāṭimah bint Qays – may Allah be pleased with her – that the Prophet ﷺ, concerning a woman divorced three times, said: “She is entitled to neither lodging nor maintenance.” Reported by Muslim (1).

Points derived from the hadith

1 – By consensus of the scholars, a woman who has been divorced revocably is entitled to maintenance and accommodation, because she is still counted among the wives: any further divorce, ẓihār, or oath of abstention (īlāʾ) uttered by her husband still affects her exactly as before the divorce. She therefore remains a wife, as proven by Allah’s words, “And their husbands have a better right to take them back during that period” (al-Baqarah 2:228), and His words, “O Prophet, when you divorce women, divorce them at the start of their waiting-period and keep count of the waiting-period; fear Allah, your Lord, and do not turn them out of their homes, nor should they leave, unless they commit a blatant immorality” (al-Ṭalāq 65:1).

This applies to the revocably divorced woman: her husband is commanded not to expel her from his house, and she is forbidden to leave of her own accord, for remaining in the marital home better protects her dignity and safeguards the husband’s rights. The prohibition on leaving remains in force until the waiting-period is complete, “unless they commit a blatant immorality,” through words or deeds that harm the household. In that case it is permissible to remove her, for she has brought the consequence upon herself.

2 – By contrast, a woman whose separation is final—whether through annulment, a triple divorce, or a divorce for compensation—has no right to maintenance or lodging. In the two Ṣaḥīḥ collections the Prophet ﷺ said to Fāṭimah bint Qays, whose husband had divorced her irrevocably, “You are entitled to no maintenance and no lodging.”

Ibn al-Qayyim said: A woman who is irrevocably separated is owed neither maintenance nor lodging, in accordance with the Sunnah of the Messenger of Allah ﷺ.