Know that a woman observing the waiting period following a revocable divorce is entitled to maintenance and housing from her husband for as long as she remains in her waiting period. By housing, we mean the cost of accommodation. Thus, if the house in which he divorced her belongs to the husband, he must vacate it and leave it for her throughout her waiting period. If it is rented, the husband must pay the rent; and if it was loaned for use and the lender reclaims it, then he must rent ⦗167/b⦘ a house for her to live in.

As for a woman observing the waiting period after an irrevocable divorce through khulʿ, a threefold divorce, [or mutual imprecation, she is entitled to housing, whether she is pregnant or not, according to the majority of the scholars] (1).

It is reported from Ibn Abbas that he said: She is not entitled to housing unless she is pregnant. This was also the view of al-Hasan, Ata, and al-Shabi.

They differed regarding her maintenance. One group held that she is not entitled to maintenance unless she is pregnant. This is reported from Ibn Abbas and was the view of al-Hasan, Ata, and al-Shabi; it was also held by al-Shafiʿi and Ahmad (2).

Others held that she is entitled to it in all circumstances. This is reported from Ibn Masud and was the view of Ibrahim al-Nakhaʿi; al-Thawri and the proponents of juristic opinion also held this view.

The apparent meaning of the Quran indicates that she is not entitled to maintenance unless she is pregnant, for Allah Most High says: “If they are pregnant, then spend on them.”

The evidence for this from the sunnah is as follows:

Abu al-Hasan Muhammad ibn Muhammad al-Sarakhsī informed us; Zahir ibn Ahmad informed us; Abu Ishaq al-Hashimi informed us; Abu Musʿab informed us from Malik, from Abdullah ibn Yazid, the client of al-Aswad ibn Sufyan, from Abu Salamah ibn Abd al-Rahman, from Fatimah bint Qays: Abu Amr ibn Hafs divorced her irrevocably while he was away in Syria. His agent sent her some barley, but she rejected it. He said, “By Allah, you have no claim upon us whatsoever.” She then came to the Messenger of Allah (peace and blessings be upon him) and mentioned this to him. He said to her, “You are not entitled to maintenance from him,” and instructed her to observe her waiting period in the house of Umm Sharik. Then he said, “That is a woman whom my Companions frequently visit, so observe your waiting period in the house of Ibn Umm Maktum. He is a blind man, and you may put aside your outer garments. When your waiting period is over, inform me.”

She said: When my waiting period ended, I told him that Muawiyah ibn Abi Sufyan and Abu Jahm had proposed to me. The Messenger of Allah (peace and blessings be upon him) said: “As for Abu Jahm, he never puts down his staff from his shoulder; and as for Muawiyah, he is an indigent man with no wealth. Marry Usamah ibn Zayd.” She said: I disliked him. Then he said, “Marry Usamah.” So I married him, and He brought about