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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Her husband died while she was pregnant, and the pregnancy was lost, but no human form was discerned in it

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Fatwa No. (23546)


Q: A woman’s husband died while she was pregnant at one and a half or two months, and the pregnancy was lost, but its (form) was not discerned. Does her waiting period end, or does she continue in her waiting period until four months and ten days have passed since her husband’s death? We do not hide from you that we have referred to the book *Zad al-Ma'ad*, Volume 5 (p. 527), where the ruling of the Prophet (peace and blessings be upon him) regarding the waiting period is mentioned, and it was understood from it that the waiting period is lifted by the Book, the Sunnah, and the opinion of the majority. However, Ibn Mas'ud (may Allah be pleased with him) said on the first line of page 530, third line: “The waiting period of a pregnant woman is not broken off if she miscarries until her form is discerned.” With your presence, may Allah increase you in knowledge and benefit Islam and the Muslims through you, we were compelled to turn to you for clarification of what has confused us, and may Allah preserve you.
A: The pregnancy by which the waiting period ends is that in which a human form is discerned.
If a woman gives birth to something in which a human form is not discerned, it is not considered a pregnancy by which the waiting period for death ends, so the statement of Allah the Exalted:
And for those who are pregnant, their term is until they give birthوَأُولاتُ الأَحْمَالِ أَجَلُهُنَّ أَنْ يَضَعْنَ حَمْلَهُنَّ
[At-Talaq 65:4]
does not apply to it.

Source www.alifta.gov.sa

The Arabic text is copied verbatim from the original source, without any edits.

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