Hadith 3397

(2) The statement: A divorced woman does not leave her house—This means the waiting period for an irrevocably or revocably divorced woman, or one whose husband has died, is in her husband’s house. For an irrevocably or revocably divorced woman, it is not permissible to leave day or night. A woman whose husband has died may leave during the day. The prohibition of a divorced woman leaving is based on His saying: Do not expel them from their homes, nor should they leave, except if they commit a clear immorality [At-Talaq: 1]. The immorality is the act of leaving itself, as Al-Nakha’i said. Ibn Mas’ud said: It is adultery, so they leave for the prescribed punishment. Ibn Abbas said: It is her rebellion or abusive speech. As for a woman whose husband has died leaving during the day, it is because she has no maintenance, so she needs to leave during the day for her livelihood, unlike a divorced woman, as her maintenance is provided by her husband. This is from Al-Hidayah and its commentary Al-Binayah. Those who obligated staying in the husband’s house for a woman whose husband died include Umar, Uthman, Ibn Mas’ud, Ibn Umar, Umm Salamah, Sa’id ibn Al-Musayyib, Al-Qasim, Al-Awza’i, Malik, Shafi’i, Ahmad, Ishaq ibn Rahwayh, and Abu Ubaidah. Al-Qari used as evidence His saying: Those who die and leave wives behind, a bequest for their wives of provision for a year without expulsion [Al-Baqarah: 240], indicating she does not leave her husband’s house. When the period of a year was abrogated to four months and ten days, and the bequest was abrogated, the prohibition on leaving remained. Az-Zurqani mentioned that Al-Layth, Malik, and a group said a divorced woman may also leave during the day, based on Jabir’s hadith in Muslim: My aunt was divorced and wanted to harvest her palm trees, and a man forbade her from leaving, but the Prophet (ﷺ) ordered her, saying: Yes, harvest your palm trees, for perhaps you will give charity or do good. The response is that it is a specific incident with no general application. This is from At-Ta’liq Al-Mumajjad. Thus, it is said in Ad-Durr Al-Mukhtar: A woman observing a revocable or irrevocable waiting period, regardless of the type of separation, does not leave, as per Az-Zahiriyyah. If she is divorced by mutual agreement (khul‘) on maintenance for her waiting period, in the most correct view, or on housing, she must rent her husband’s house, as per Mi’raj.