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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Is there a waiting period for a woman whose husband has died if she gives birth before her husband’s death?

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Question:
A man traveled to a country other than his own and left his wife, who was pregnant. Before he returned to his country, the wife gave birth to the child. After he learned of the child’s birth, he went to his country, and on the way, before reaching it, the husband died. So, is there a waiting period for the wife at that time or not? We ask for your guidance. May Allah reward you with good.

Answer:
Yes, if her husband dies and she is not pregnant, then she must observe the waiting period for widowhood, which is four months and ten days, based on the saying of Allah the Exalted:
And those who are taken in death among you and leave wives behind - they, [the wives, shall] wait four months and ten [days]وَالَّذِينَ يُتَوَفَّوْنَ مِنكُمْ وَيَذَرُونَ أَزْوَاجًا يَتَرَبَّصْنَ بِأَنفُسِهِنَّ أَرْبَعَةَ أَشْهُرٍ وَعَشْرًا
[Al-Baqarah 2:234]
The waiting period begins from the time of death, from the date of death. However, if she is pregnant when her husband dies, then her waiting period is determined by the delivery of the child, whether it is early or late. The saying of Allah the Exalted:
And for those who are pregnant, their term is until they give birthوَأُولَاتُ الْأَحْمَالِ أَجَلُهُنَّ أَن يَضَعْنَ حَمْلَهُنَّ
[At-Talaq 65:4]
This is a general ruling for the woman whose husband has died, and for others among those who are separated.
So, the waiting period for a pregnant woman whose husband has died is until she delivers the child, even if it is a short time or an hour after the death, or if the duration of the pregnancy is long. She does not exit the waiting period until she delivers her child, even if that exceeds four months and ten days, according to the stronger of the scholars’ opinions. Yes.
Source قناة «العلامة الدكتور صالح الفوزان»، هل على المرأة المتوفى عنها زوجها عدة إذا ولدت قبل موت زوجها؟ الشيخ صالح الفوزان — youtube.com

The Arabic text is a machine transcription of the audio recording.

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