(8) باب تَزَوُّجِ الْمَوْلَى الْعَرَبِيَّةَ .
Narrated 'Ubaidullah bin 'Abdullah bin 'Utbah:
It was narrated from 'Ubaidullah bin 'Abdullah bin 'Utbah that during the reign of Marwan, 'Abdullah bin 'Amr bin 'Uthman, who was a young man, issued a final divorce to the daughter of Sa'eed bin Zaid, whose mother was Bint Qais. Her maternal aunt, Fatimah bint Qais, sent word to her telling her to move from the house of 'Abdullah bin 'Amr. Marwan heard of that and he sent word to the daughter of Sa'eed, telling her to go back to her home, and asking her why she had moved from her home before her 'Iddah was over? She sent word to him telling him that her maternal aunt had told her to do that. Fatimah bint Qais said that she had been married to Abu 'Amr bin Hafs, and when the Messenger of Allah appointed 'Ali bin Abi Talib as governor of Yemen, he went out with him and sent word to her that she was divorced with the third Talaq. He told Al-Harith bin Hisham and 'Ayyash bin Abi Rai'ah to spend on her. She sent word to Al-Harith and 'Ayyash asking them what her husband had told them to spend on her, and they said: 'By Allah, she has no right to any maintenance from us, unless she is pregnant, and she cannot come into our home without our permission.' She said that she came to the Messenger of Allah and told him about that, and he stated that they were correct. Fatimah said: 'Where should I move to, O Messenger of Allah?' He said: 'Move to the home of Ibn Umm Maktum, the blind man whom Allah, the Mighty and Sublime, named in His Book.' Fatimah said: 'So I observed my 'Iddah there. He was a man who has lost his sight, so I used to take off my garments in his house, until the Messenger of Allah married me to Usamah bin Zaid.' Marwan criticized her for that and said: 'I have never heard this Hadith from anyone before you. I will continue to follow the ruling that the people have been following.'"
Reference: Sunan an-Nasa'i 3222
In-book reference: Book 26, Hadith 27
English translation: Vol. 4, Book 26, Hadith 3224