The Ruling on the Pregnant Woman in the Waiting Period
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Fatwa No. ( 19800 )
Q: My brother (M.H.) passed away, leaving behind his wife who was in her first month of pregnancy. She entered the waiting period, and after four months had passed, she left the waiting period and exited it. I hope you will refer this to the competent authority to issue a fatwa for me regarding what is her right
and what is her obligation?
A: If your brother’s wife was in the bond of marriage or is still in the waiting period from a revocable or irrevocable divorce, then it is obligatory for her to remain in the waiting period until she gives birth, because the waiting period of a pregnant woman does not end due to death or divorce except by giving birth; due to the generality of the saying of Allah the Exalted:[At-Talaq 65:4] And the waiting period of the woman whose husband has died, which is fixed at four months and ten days, is for the one who was not pregnant at the time of his death. It is also obligatory for her to observe the mourning period (Ihdad) as long as she is in the waiting period, if her husband died and did not divorce her, or if she was divorced from him by a revocable divorce and her waiting period had not ended at the time of his death. Accordingly, it is obligatory for her to return to her waiting period and her mourning period until she gives birth. It is forbidden for her to marry as long as she is pregnant, and it is forbidden for anyone who wants to marry her to declare his proposal as long as she is in the waiting period. When she gives birth, she exits the waiting period and the mourning period and becomes permissible for proposal. She must repent and seek forgiveness for leaving the waiting period and the mourning period after four months had passed from her husband’s death.
And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: My brother (M.H.) passed away, leaving behind his wife who was in her first month of pregnancy. She entered the waiting period, and after four months had passed, she left the waiting period and exited it. I hope you will refer this to the competent authority to issue a fatwa for me regarding what is her right
and what is her obligation?
A: If your brother’s wife was in the bond of marriage or is still in the waiting period from a revocable or irrevocable divorce, then it is obligatory for her to remain in the waiting period until she gives birth, because the waiting period of a pregnant woman does not end due to death or divorce except by giving birth; due to the generality of the saying of Allah the Exalted:
And for those who are pregnant, their term is until they give birth
وَأُولاتُ الأَحْمَالِ أَجَلُهُنَّ أَنْ يَضَعْنَ حَمْلَهُنَّAnd success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.