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(Book 29, Hadith 66) #36282
Responsibility of Rent Payment After Divorce

SUMMARY: A woman's husband is responsible for paying her rent if she is divorced while living in a leased house, but if he does not have the money then she must pay it and if she does not have it then the Amir must pay it.

Yahya related to me from Malik from Yahya ibn Said that Said ibn al-Musayyab was asked who was obliged to pay the rent for a woman whose husband divorced her while she was in a leased house. Said ibn al-Musayyab said, "Her husband is obliged to pay it". Someone asked, "what if her husband does not have it?" He said, "Then she must pay it". Someone asked, "And if she does not have it?" He said, "Then the Amir must pay it".
وَحَدَّثَنِي عَنْ مَالِكٍ، عَنْ يَحْيَى بْنِ سَعِيدٍ، أَنَّ سَعِيدَ بْنَ الْمُسَيَّبِ، سُئِلَ عَنِ الْمَرْأَةِ، يُطَلِّقُهَا زَوْجُهَا وَهِيَ فِي بَيْتٍ بِكِرَاءٍ عَلَى مَنِ الْكِرَاءُ فَقَالَ سَعِيدُ بْنُ الْمُسَيَّبِ عَلَى زَوْجِهَا ‏.‏ قَالَ فَإِنْ لَمْ يَكُنْ عِنْدَ زَوْجِهَا قَالَ فَعَلَيْهَا ‏.‏ قَالَ فَإِنْ لَمْ يَكُنْ عِنْدَهَا قَالَ فَعَلَى الأَمِيرِ

TOPICS
rent  *  divorce  *  obligation  *  amir

QUICK LESSONS:
Take care of your obligations even after divorce; Provide support during difficult times; Seek help from community/government when needed

EXPLANATIONS:
This hadith discusses the responsibility of rent payment after divorce. According to this hadith, when a woman is divorced while living in a leased house, her husband is obligated to pay the rent. If he does not have enough money to do so then she must take on that responsibility and if neither of them can afford it then the Amir should be responsible for paying it. This hadith teaches us that even after divorce we are still responsible for taking care of our obligations and that those who are unable to do so should seek help from their community or government. It also shows us how important it is to provide support for those who are going through difficult times such as divorce or other life changes.

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