Is it permissible for a husband to allow his wife not to observe the mourning period for him if he dies before her?
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Fatwa number ( 2493 )
Q: A woman asked her husband to allow her not to observe the mourning period if Allah decreed that he should die before her, and he allowed her to do so while he was still alive, and there was nothing wrong with that.
Then Allah decreed that he died before her . Give us a ruling.
A: A husband does not have the authority to waive the mourning period for his wife if he dies. If he dies before her, it is obligatory for her to observe the mourning period for him, even if he had allowed her to skip it during his lifetime. This is based on what is established from the Prophet (peace and blessings be upon him) that he said:As-Sunan al-Kubra lil-Nasa'i 65:67 narrated by al-Bukhari and Muslim. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: A woman asked her husband to allow her not to observe the mourning period if Allah decreed that he should die before her, and he allowed her to do so while he was still alive, and there was nothing wrong with that.
Then Allah decreed that he died before her . Give us a ruling.
A: A husband does not have the authority to waive the mourning period for his wife if he dies. If he dies before her, it is obligatory for her to observe the mourning period for him, even if he had allowed her to skip it during his lifetime. This is based on what is established from the Prophet (peace and blessings be upon him) that he said:
It is not permissible for a woman who believes in Allah and the Last Day to observe mourning for a deceased person for more than three days, except for her husband, for whom it is four months and ten days.
لا يحل لامرأة تؤمن بالله واليوم الآخر أن تحد على ميت فوق ثلاث إلا على زوج أربعة أشهر وعشرا
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.