the Law of Islam, nor did it recommend it to her. If the vow is absolute, or if it is a fast of expiation, and she fasts with his permission, she is entitled to maintenance, because she performed an obligation with his permission; this is similar to the case where she fasts a specific [vow] at its appointed time. If she fasts without his permission, the Qadi said: She has no maintenance, because she is able to delay it, as it is non-immediate (ala al-tarakhi), whereas the husband’s right is immediate. If it is the make-up of Ramadan before its time becomes constricted, the ruling is the same; however, if its time is constricted, such as when the next Ramadan is approaching, he is obligated to provide her maintenance, because it is an act of worship whose time is constricted by the primary Law of Islam, thus resembling the performance of Ramadan.
1396- Issue: He said: "If a man divorces his wife with a divorce in which he does not possess the right of return (ba'in), she has no right to housing or maintenance, unless she is pregnant."
[The summary of the matter] is that if a man divorces his wife with an irrevocable divorce (talaq ba'in)—whether it be a triple divorce, a khul' (divorce initiated by the wife), or she becomes separated by annulment—and she is pregnant, she is entitled to maintenance and housing by the consensus of the scholars. This is based on the saying of Allah the Almighty: {Lodge them where you reside from your means and do not harm them to straiten them. And if they are pregnant, spend on them until they put forth their burden} [Surat al-Talaq: 6]. In some reports of Fatimah bint Qays, it is stated: "You have no maintenance unless you are pregnant." This is because the fetus is his child, so he is obligated to provide for it, and it is impossible to provide for the child without providing for her, so it became obligatory, just as the wages for breastfeeding became obligatory. If she is not pregnant (hail), she has no maintenance. Regarding housing, there are two narrations; one of them is that she has
(1) In A: "wa jumlatuhu". (2) Surah al-Talaq: 6. (3) The takhrij (authentication/referencing) of the story of Fatimah bint Qays has preceded in: 6/307, 9/567. This wording was recorded by Muslim in: Chapter of the Thrice-Divorced Woman Who Has No Maintenance, from the Book of Divorce. Sahih Muslim 2/1117. And by Abu Dawud in: Chapter on the Maintenance of the Irrevocably Divorced Woman, from the Book of Divorce. Sunan Abi Dawud 1/533. And by Imam Ahmad in: al-Musnad 6/414, 415. (4) In A: "al-infaq". (5) In A: "al-nafaqah". (6) In B there is an addition: "law".