Is housing (*sukna*) obligatory for an irrevocably divorced woman (*mabtuutah*) who is pregnant?
General Chapter
Al-Mughni
Book of Waiting Periods ('Iddah)
Primary text
Housing is definitively obligatory for the irrevocably divorced woman if she is pregnant; there is no known disagreement among scholars regarding this point. This ruling is supported by the verse: "Do not turn them out of their houses, nor shall they themselves leave, unless they commit some open immorality." (Quran 65:1) and "Lodge them where you dwell, according to your means, and do not harass them so as to cause them distress. And if they are pregnant, then spend on them until they deliver their burden." (Quran 65:6), which mandates housing absolutely, specifying financial support for the pregnant woman.
Supporting text
If the irrevocably divorced woman is not pregnant, there are two views. One view states housing is not obligatory, supported by Ibn 'Abbas, Jabir, 'Ata', Tawus, al-Hasan, and others. The second view mandates housing, supported by Ibn Mas'ud, Ibn 'Umar, 'A'ishah, Sa'id ibn al-Musayyib, Malik, Shafi'i, and the companions of *Ahl al-Ra'y*. The evidence for the second view is the Hadith of Fatima bint Qays, where the Prophet (peace be upon him) explicitly told her she had no right to maintenance or housing when she was divorced irrevocably while her husband was absent. However, the established ruling, based on Fatima's counter-argument invoking the Quran (Quran 65:1) and the Prophet's subsequent instruction to use Ibn Umm Maktum's house, is that housing for a non-pregnant, irrevocably divorced woman is not obligatory, while maintenance is waived for her.