Messenger of Allah (peace and blessings of Allah be upon him) as an excellent example, in addition to the fact that she is the most restricted of people against him; he has no right of return (raj'ah) over her, nor is there any inheritance between them. As for the statement of 'A'ishah that she was in a desolate place, it is not sound, for the Prophet (peace and blessings of Allah be upon him) provided a reason other than that, saying: "O daughter of the family of Qays, accommodation and maintenance are only for the one for whom your husband has the right of return." This is how al-Humaydi (11) and al-Athram (12) narrated it. Furthermore, if what 'A'ishah or others (13) said regarding the interpretation were true, 'Umar would not have needed, in his refutation, to apologize by saying it was the word of a woman. Moreover, Fatimah is the subject of the story, and she is the most knowledgeable regarding herself and her own situation; she criticized those who criticized her and refuted those who rejected her report or interpreted it contrary to its manifest meaning. Therefore, her statement must be prioritized due to her knowledge of herself and its conformity with the manifest meaning of the report, as is the case in all similar matters.

Section: Our companions said: The location in which she resides during the divorce is not fixed, regardless of whether we say she is entitled to accommodation or not. Rather, the husband has the choice between allowing her to remain in the place where he divorced her or moving her to a residence suitable for someone of her status. It is recommended to allow her to remain, due to the Almighty's saying: "Do not turn them out of their houses, nor should they leave, unless they commit a clear immorality." Furthermore, there is an exit from scholarly disagreement in this, as those from whom we mentioned that she is entitled to accommodation view it as a duty upon her to observe her waiting period in her own home. Thus, if she is in a house owned by the husband that is suitable for her, she observes her waiting period there. If it is too small for both of them, he moves out and leaves it for her, because it is recommended that she reside in the place where he divorced her. If the place is spacious enough for both of them, and there is a separate area within the house for her, such as a room, the upper floor, or the lower floor, with a locked door between them, she resides in it and the husband resides in the rest, because they are like two adjacent rooms. If there is no locked door between them, but she has a place where she can be shielded such that he cannot see her, and she has with her a mahram (unmarriageable kin) by whom she is protected, it is permissible, because with the mahram, corruption is prevented; though it is generally disliked because one cannot be certain he will not look at her. If she does not have a mahram with her, it is not permissible, due to the saying of the Prophet (peace and blessings of Allah be upon him): "A man must not be in seclusion with a woman who is not a mahram to him, for the third among them is the devil." (14). If he refuses to provide her accommodation, and she is among those for whom he is obliged to provide it, the judge shall compel him. If there is no judge, she has recourse against the husband. If a judge is present, does she have recourse? There are two narrations on this. If the husband is present and does not prevent her from the residence, but she rents a place for herself or resides in a place she owns, she does not have recourse for the rent, because she did so voluntarily, and therefore she has no claim against anyone for it. If the husband is unable to provide her accommodation due to poverty, absence, or he refuses to do so despite his capability, she may reside wherever she wishes. The same applies to a woman whose husband has died if his heirs do not provide her accommodation; for she is only obliged to reside in his house to preserve his lineage, and if she does not do so, that is not incumbent upon her.

1365 - Issue; He said: (And if she went out for Hajj, and her husband died while she was near, she returns to complete the waiting period. If she had gone far, she continues on her journey. If she returns and there remains any part of her waiting period, she completes it in her home) (3).

The collective meaning is that a woman observing a waiting period due to death may not go out for Hajj, nor for anything else. This was narrated from 'Umar and 'Uthman (may Allah be pleased with them both). This is also the view of Sa'id ibn al-Musayyib, al-Qasim, Malik, al-Shafi'i, Abu 'Ubayd, the scholars of opinion (ashab al-ra'y), and al-Thawri. If she went out and her husband died on the way, she returns if she is nearby, because she is in the legal status of being a resident. If she has traveled far, she continues on her journey. Malik said: She is to be returned as long as she has not entered into ihram. The correct view is that the one who is far is not returned, because it causes her harm and there is hardship upon her, and she must travel anyway even if she returns. The Qadi said: It is appropriate that the term 'nearby' be defined.