When does the waiting period after death begin?
Machine translationRead the Arabic original
The questioner : A woman says: My husband died in an accident, and I was with him. Then I stayed in the hospital for six days, and I did not know that he had died until I left. So, do I start the waiting period from his death, from his death, or from when I found out? Please give us a ruling, may Allah grant you success. Before answering this question, we would like to state a principle. It is that what is attached to a cause is established by the existence of that cause, whether the actor knows about it or
The Shaykh : not. So, the waiting period for death has death as its cause. Accordingly, it begins from the husband's death, even if she did not know until four months and ten days had passed after his death; in that case, her waiting period is completed and she owes nothing. Likewise, in the case of divorce, if a man divorced his wife and she did not know about the divorce until she had menstruated three times,
then in this case, she is not required to repeat the waiting period. Rather, we say that she has now exited the waiting period. So, the beginning of the waiting period in death is from the death, the beginning of the waiting period in divorce is from the divorce, and the beginning of the waiting period in annulment is from the annulment. The important point is that the beginning of the waiting period is from the time the cause exists, not from the time the woman learns of it. If she did not learn of it until after the waiting period had ended, she owes nothing; her waiting period has ended.
The presenter : And I can marry right away.
The Shaykh : not. So, the waiting period for death has death as its cause. Accordingly, it begins from the husband's death, even if she did not know until four months and ten days had passed after his death; in that case, her waiting period is completed and she owes nothing. Likewise, in the case of divorce, if a man divorced his wife and she did not know about the divorce until she had menstruated three times,
then in this case, she is not required to repeat the waiting period. Rather, we say that she has now exited the waiting period. So, the beginning of the waiting period in death is from the death, the beginning of the waiting period in divorce is from the divorce, and the beginning of the waiting period in annulment is from the annulment. The important point is that the beginning of the waiting period is from the time the cause exists, not from the time the woman learns of it. If she did not learn of it until after the waiting period had ended, she owes nothing; her waiting period has ended.
The presenter : And I can marry right away.
Source
اللقاءات الرمضانية لعام 1412هـ - 1 — binothaimeen.net (54:35)
The Arabic text is a machine transcription of the audio recording.
