What is the basis for favoring the ruling that an irrevocably divorced, non-pregnant woman has no right to maintenance or residence?

Chapter on the Condition in which Maintenance is Obligatory on the Husband

Al-Mughni

Book of Maintenance (Nafaqāt)

Book 46 · Issue 8 · Bab 2

Open in Qurani

Primary text

The definitive evidence is the clear, explicit text from the Prophet (peace be upon him), as reported in the narration of Fatimah bint Qays: 'Your maintenance is only for the wife whom the husband has the right to return to; if he does not have the right to return to her, then she has neither maintenance nor residence.' This hadith was confirmed by Imam Ahmad and others.

Supporting text

The opponents of this view respond to the report of Fatimah bint Qays by citing reports that Umar said, 'We shall not abandon the Book of our Lord and the Sunnah of our Prophet because of the word of a woman,' a statement denied by Aisha and Sa'id ibn Al-Musayyib. However, the stronger opinion, held by Ahmad ibn Hanbal and his followers, is that the explicit prophetic text is superior to the opinion of any companion, including Umar. Furthermore, the narration that Umar stated this objection is not soundly reported, and Ahmad himself denied that narration.