The wisdom behind the obligation of the waiting period for women
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The fifth question of Fatwa No. ( 2758 )
Q5: What is the wisdom behind making the waiting period obligatory for women after the death of their husbands? If one of the reasons is to determine whether she is pregnant or not, why was it set at four months and ten days, during which she is not permitted to marry, leave the house, or adorn herself, given that modern medicine can determine the presence or absence of a pregnancy within twenty-four hours? What is your opinion on this, Your Eminence?
A5: Allah the Exalted prescribed the waiting period for women for many wise reasons, which the scholar Ibn al-Qayyim (may Allah have mercy on him) mentioned in his book *I'lam al-Muwaqqi'in*. This is the text of his words, and it is sufficient: As for the first point: In the legislation of the waiting period, there are numerous wise reasons: Among them: is the knowledge of the purity of the womb, and that the fluids of two or more men do not mix in one womb, causing lineages to become mixed and corrupted, which contains a degree of corruption that the Shari'ah and wisdom prevent.
Among them: is the exaltation of the status of this contract, the elevation of its rank, and the manifestation of its honor. Among them: is the extension of the time for the divorced husband to take his wife back, in case he regrets and returns, finding a time in which he is able to do so. Among them: is fulfilling the right of the husband and showing the impact of his loss by prohibiting adornment and beautification; therefore, mourning for him was legislated to be more than mourning for a parent or a child. Among them: is the precaution for the right of the husband, the interest of the wife, and the right of the child, and fulfilling the right of Allah which He made obligatory. Thus, in the waiting period, there are four rights. The Lawgiver established death in the place of consummation regarding the completion of the contracted right, for the duration of marriage is a lifetime. Therefore, death was established in the place of consummation in completing the bridal gift, and in the prohibition of marrying the stepmother according to a group of the Companions and those after them, as is the position of Zayd ibn Thabit and Ahmad in one of the two narrations from him. So the purpose of the waiting period is not merely the purity of the womb, but that is only one of its objectives and wise reasons. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q5: What is the wisdom behind making the waiting period obligatory for women after the death of their husbands? If one of the reasons is to determine whether she is pregnant or not, why was it set at four months and ten days, during which she is not permitted to marry, leave the house, or adorn herself, given that modern medicine can determine the presence or absence of a pregnancy within twenty-four hours? What is your opinion on this, Your Eminence?
A5: Allah the Exalted prescribed the waiting period for women for many wise reasons, which the scholar Ibn al-Qayyim (may Allah have mercy on him) mentioned in his book *I'lam al-Muwaqqi'in*. This is the text of his words, and it is sufficient: As for the first point: In the legislation of the waiting period, there are numerous wise reasons: Among them: is the knowledge of the purity of the womb, and that the fluids of two or more men do not mix in one womb, causing lineages to become mixed and corrupted, which contains a degree of corruption that the Shari'ah and wisdom prevent.
Among them: is the exaltation of the status of this contract, the elevation of its rank, and the manifestation of its honor. Among them: is the extension of the time for the divorced husband to take his wife back, in case he regrets and returns, finding a time in which he is able to do so. Among them: is fulfilling the right of the husband and showing the impact of his loss by prohibiting adornment and beautification; therefore, mourning for him was legislated to be more than mourning for a parent or a child. Among them: is the precaution for the right of the husband, the interest of the wife, and the right of the child, and fulfilling the right of Allah which He made obligatory. Thus, in the waiting period, there are four rights. The Lawgiver established death in the place of consummation regarding the completion of the contracted right, for the duration of marriage is a lifetime. Therefore, death was established in the place of consummation in completing the bridal gift, and in the prohibition of marrying the stepmother according to a group of the Companions and those after them, as is the position of Zayd ibn Thabit and Ahmad in one of the two narrations from him. So the purpose of the waiting period is not merely the purity of the womb, but that is only one of its objectives and wise reasons. And 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.