If the deceased’s wife is elderly and has lost her senses and is not serving him, does she observe the waiting period and mourning?
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Fatwa No. ( 1128 )
Q: If a man dies leaving behind an elderly woman, over seventy years old, with little judgment and thought, and who is also not serving him, but is only under his protection, is she required to observe the mourning period like any other woman? What is the wisdom behind the prescription of the mourning period if she is elderly like the others? And why was the ruling for a pregnant woman to deliver the fetus only, if the wisdom behind the prescription of the mourning period is to ensure the woman is free of pregnancy or to confirm its presence, whereas an elderly woman may have stopped having children? .
A: The woman mentioned in the question observes the waiting period and mourns for four months and ten days, due to the generality of the statement of Allah the Exalted:[Al-Baqarah 2:234] Among the wisdoms for the prescription of the waiting period and mourning, if the woman is elderly and has stopped having children, is the exaltation of the status of this contract, the elevation of its rank, the display of its honor, the fulfillment of the husband’s right, and the display of the impact of his loss in preventing
adornment and beautification. Therefore, mourning for him was prescribed more than mourning for a parent or a child. The ruling for the pregnant woman to deliver the fetus only was due to the generality of the statement of Allah the Exalted:[At-Talaq 65:4] This verse specifies the generality of the statement of Allah the Exalted: [Al-Baqarah 2:234] Among the wisdoms for the end of the waiting period being tied to the delivery of the fetus is that the fetus is a right of the first husband. If she marries after separation by death or otherwise while pregnant, the second husband would have watered the crop of another, and this is not permissible; due to the generality of the statement of the Prophet (peace and blessings be upon him): Sunan Abi Dawud 2158Hasan (Al-Albani) Narrated by Imam Ahmad and Abu Dawud and Ibn Hibban from Ruwayfi’ ibn Thabit al-Ansari (may Allah be pleased with him). It is obligatory for the Muslim to act according to the rulings of the Shari’ah, whether he knows the wisdom or not, while believing that Allah (Glorified and Exalted is He) is Wise in everything He has prescribed and decreed. But for whom Allah makes it easy to know the wisdom, that is light upon
light, and good upon good. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad and his family and his Companions.
Q: If a man dies leaving behind an elderly woman, over seventy years old, with little judgment and thought, and who is also not serving him, but is only under his protection, is she required to observe the mourning period like any other woman? What is the wisdom behind the prescription of the mourning period if she is elderly like the others? And why was the ruling for a pregnant woman to deliver the fetus only, if the wisdom behind the prescription of the mourning period is to ensure the woman is free of pregnancy or to confirm its presence, whereas an elderly woman may have stopped having children? .
A: The woman mentioned in the question observes the waiting period and mourns for four months and ten days, due to the generality of the statement 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 مِنْكُمْ وَيَذَرُونَ أَزْوَاجًا يَتَرَبَّصْنَ بِأَنْفُسِهِنَّ أَرْبَعَةَ أَشْهُرٍ وَعَشْرًاadornment and beautification. Therefore, mourning for him was prescribed more than mourning for a parent or a child. The ruling for the pregnant woman to deliver the fetus only was due to the generality of the statement of Allah the Exalted:
And for those who are pregnant, their term is until they give birth
وَأُولاتُ الأَحْمَالِ أَجَلُهُنَّ أَنْ يَضَعْنَ حَمْلَهُنَّAnd those who are taken in death among you and leave wives behind - they, [the wives, shall] wait four months and ten [days]
وَالَّذِينَ يُتَوَفَّوْنَ مِنْكُمْ وَيَذَرُونَ أَزْوَاجًا يَتَرَبَّصْنَ بِأَنْفُسِهِنَّ أَرْبَعَةَ أَشْهُرٍ وَعَشْرًاIt is not lawful for a man who believes in Allah and the last day to water what another has sown with his water
لا يحل لامرئ يؤمن بالله واليوم الآخر أن يسقي ماءه زرع غيرهlight, and good upon good. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad and his family and his Companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.