Q: I wish to inquire regarding the maslah of nafaqah of a divorced woman who is sitting in iddat. Is nafaqah necessary on the husband in the following situations:
1. A woman was given talaaq baain or talaaq raji. She left her husband’s house and went to stay with her mother.
2. A woman was given talaaq bain or talaaq raji. The house which both husband and wife were staying in belongs to the wife. The wife left her home to go and stay by her parents home.
A: In the above two situations, when the wife left the house of her husband or her house and went to her parents house then she will not be entitled to receive nafaqah.
A: The law of shariah is that the wife spends iddat in the home wherein she was residing at the time of talaaq, regardless of whether the home belonged to her husband or herself. If she leaves the home, she will not be entitled to receive nafaqah.
Hence, in both these situations, since the wife left the home in which she was staying at the time of talaaq, she will not be entitled to receive nafaqah. However, if the husband is happy to provide her with nafaqah, then he may do so.
Note: If the husband asked her to leave and spend her iddat at her parent's home, then she will be entitled to receiving nafaqah.
And Allah Ta'ala (الله تعالى) knows best.
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