Allah brought about much good for me through him, and I was happy with him (1).

Those who held that she is not entitled to housing cited the hadith of Fatimah bint Qays: the Prophet (peace and blessings be upon him) instructed her to observe her waiting period in the house of Amr ibn Umm Maktum.

But this does not constitute proof, because it is related from Aishah that she said: “Fatimah was living in a lonely place, and there were fears for her safety” (2).

Saʿid ibn al-Musayyib said: “Fatimah was only moved because of the sharpness of her tongue toward her in-laws; her speech was indeed cutting” (3).

As for a woman observing a waiting period following intercourse by mistake, or one whose marriage has been annulled because of a defect or because she exercised the option of emancipation, she is entitled neither to housing nor to maintenance, even if she is pregnant.

[A woman observing a waiting period following her husband’s death is not entitled to maintenance, whether pregnant] (4) or not pregnant, according to the majority of scholars. It is related from Ali (may Allah be pleased with him) that, if she is pregnant, she is entitled to maintenance from the estate until she gives birth. This was also the view of Shurayh, al-Shabi, al-Nakhaʿi, and al-Thawri (5).

They differed concerning her housing. Al-Shafiʿi (may Allah have mercy on him) held two opinions on the matter. According to one, she is not entitled to housing; rather, she may observe her waiting period wherever she wishes. This was the view of Ali, Ibn Abbas, and Aishah. It was also held by Ata and al-Hasan, and it was the view of Abu Hanifah (may Allah have mercy on him).

According to the second opinion, she is entitled to housing. This was the view of Umar, Uthman, Abdullah ibn Masud, and Abdullah ibn Umar; it was also held by Malik, Sufyan al-Thawri, Ahmad, and Ishaq (6).

Those who deemed housing obligatory for her cited the following as evidence: