—that is, Yahyā ibn Sa'īd—from 'Amrah, from Habībah bint Suhayl, who said:

‘The Messenger of Allah, peace and blessings be upon him, had intended to marry a woman, but Thābit ibn Qays proposed to her and married her. Thābit had a harsh disposition, and he struck her. She came to the door of the Messenger of Allah, peace and blessings be upon him, at dawn, while it was still dark. The Messenger of Allah, peace and blessings be upon him, came out and asked, “Who is this?” Habībah replied, “It is I, O Messenger of Allah. Thābit and I cannot remain together.”

Before long, Thābit arrived. The Messenger of Allah, peace and blessings be upon him, asked him, “Did you strike her?” He replied, “Yes, I struck her.” The Messenger of Allah, peace and blessings be upon him, told him, “Take compensation from her.” She said, “O Messenger of Allah, I still have everything he gave me.” He then spoke, and Thābit took it from her, while she remained in her own home.’”

Ibn Abī 'Āsim said: “He did not mention divorce.”

He said: “The reference to ‘one menstrual period’ is evidence that she was not a divorced woman. The same is indicated by her observing her waiting period in her own home. Had she been a divorced woman, she would have been entitled to accommodation and maintenance.”

I say: This follows the view of those who hold that khul' constitutes a revocable divorce if it is classified as divorce, as Abū Muhammad reports from the majority of hadith scholars and Dāwūd. Ibn Abī 'Āsim agrees with them on this point: his position is that an irrevocably divorced woman is entitled to neither maintenance nor accommodation, based on the hadith of Fātimah bint Qays.

Ibn Abī 'Āsim said: “Among those who held that her waiting period is one menstrual period were 'Uthmān ibn 'Affān and Ibn 'Umar. Among those who held that it is an annulment, not a divorce, were Ibn 'Abbās and Ibn al-Zubayr.”

I say: Ibn al-Mundhir related that Ahmad ibn Hanbal deemed weak all reports from the Companions that contradicted Ibn 'Abbās’s position.