Is it obligatory for a woman to observe the mourning period for her husband?
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The questioner : ... .
The Shaykh : The previous question was about what is permissible for a woman to do when observing the mourning period for her husband. The mourning period (Ihdad) is originally defined as abstaining from adornment, such as perfume, kohl, and the like. The previous hadith was narrated by the two Shaykhs in their "Sahihayn" from the Prophet (peace and blessings be upon him), who said:. Here, the hadith explicitly states that a woman is not permitted to observe the mourning period; that is, she must abstain from adornment and perfume if one of her relatives, such as her father or brother, passes away, for only three days and nights. However, if the deceased is her husband, it is permissible for her to observe the mourning period for him as long as she is in her waiting period (Iddah). As is well known, the waiting period for death, as mentioned previously, is four months and ten days. However, scholars differed on whether the abstention of the widow observing the waiting period for her husband's death is merely permissible or obligatory. There are two opinions, and the majority hold that it is obligatory. However, the opinion of obligation is countered by a hadith that actually requires specific study to verify its authenticity or weakness.
Another questioner: Peace be upon you.
The Shaykh : And upon you be peace, and the mercy of Allah and His blessings.
Another questioner: Peace be upon you.
The Shaykh: And upon you peace.
That hadith is that the Prophet (peace and blessings be upon him) forbade the wife of Ja'far from observing the mourning period for her husband for more than three days. If this prohibition is authentic, it removes the permissibility derived from the previous authentic hadiths. As for deriving the obligation of a woman observing the mourning period for her husband from the previous hadiths, that is not apparent. Why? Because the hadith: is a prohibition, . Here, there is an exception after a prohibition, and an exception after a prohibition does not indicate the obligation of the excepted matter, but rather its permissibility. This is what we mention on another occasion regarding a specific issue in which disagreement among scholars has been intense, both in the past and recently, which is the recitation of the follower behind the imam in the loud prayers. The Shafi'is and most of the people of hadith, both in the past and recently, hold that it is obligatory for the follower to recite behind the imam in the loud prayers. They argue with his saying (peace and blessings be upon him) when he prayed with them one day and then turned to them; he said to them: . They said: "Yes, O Messenger of Allah." He said: .
Here, in the discussion by some scholars of those who say that the hadith indicates obligation, they said: The hadith indicates permissibility and does not indicate obligation; because he prohibited recitation absolutely, then he excepted the recitation of al-Fatihah from the prohibition; so the exception from the prohibition means its permissibility and does not mean its obligation. And so it is here in the hadith of the mourning period; likewise, for example, His saying (Glorified and Exalted is He):[Al-Jumu'ah 62:10] after He had prohibited; this command does not indicate obligation, but rather the permissibility of what was previously prohibited, [Al-Jumu'ah 62:9]. Later, He said: [Al-Jumu'ah 62:10]. This permission does not mean the obligation of the one who is permitted, but rather its permissibility; likewise His saying (Glorified and Exalted is He): [Al-Ma'idah 5:2]. The person in the state of Ihram is not permitted to hunt, so when He said: [Al-Ma'idah 5:2], hunting did not become obligatory for him, but rather it removed the prohibition and restriction that he was subject to as long as he was in the state of Ihram; so once it became lawful, what was previously forbidden to him became lawful. And so it appears that this hadith does not indicate the obligation of a woman observing the mourning period for her husband, but rather the permissibility of that, except for the other hadith, the hadith of the mourning period of the wife of Ja'far ibn Abi Talib, when he forbade her, he said: ; if this is authentic, it would remove the permissibility, yes, but it is reported from al-Hafiz ibn Hajar that the hadith is anomalous (shadh). The truth is, I have not come across a study on this to form an opinion. The conclusion of the study on the subject is that the hadith indicates the permissibility of a woman observing the mourning period for her husband as long as she is in her waiting period, whereas for other than the husband, it is only three nights.
May Allah reward you?
Another questioner : May Allah reward you, welcome, may Allah keep you safe.
The Shaykh : How are you?
Another questioner : Praise be to Allah, I am well.
The Shaykh : Praise be to Allah.
The questioner : So it is not obligatory, it is permissible; if she does not observe the mourning period, she owes nothing.
The Shaykh: Yes.
The Shaykh : The previous question was about what is permissible for a woman to do when observing the mourning period for her husband. The mourning period (Ihdad) is originally defined as abstaining from adornment, such as perfume, kohl, and the like. The previous hadith was narrated by the two Shaykhs in their "Sahihayn" from the Prophet (peace and blessings be upon him), who said:
No woman shall observe the mourning period for anyone except for three days, except for her husband; for she shall observe the mourning period for four months and ten days.
لا تحدَّ امرأة على أحد إلا ثلاثة أيام ، إلا على زوجها ؛ فإنها تحدُّ أربعة أشهر وعشرAnother questioner: Peace be upon you.
The Shaykh : And upon you be peace, and the mercy of Allah and His blessings.
Another questioner: Peace be upon you.
The Shaykh: And upon you peace.
That hadith is that the Prophet (peace and blessings be upon him) forbade the wife of Ja'far from observing the mourning period for her husband for more than three days. If this prohibition is authentic, it removes the permissibility derived from the previous authentic hadiths. As for deriving the obligation of a woman observing the mourning period for her husband from the previous hadiths, that is not apparent. Why? Because the hadith:
No woman shall observe the mourning period
لا تحدَّNo woman shall observe the mourning period for anyone except for three days, except for her husband; for she shall observe the mourning period for four months and ten days.
لا تحدَّ امرأةٌ إلا ثلاثة أيام إلا على زوج ؛ فإنها تحدُّ أربعة أشهر وعشرPerhaps you are reciting behind the imam?
لعلَّكم تقرؤون خلف الإمام ؟So do not do so, except that one of you recites al-Fatihah; for there is no prayer for one who does not recite al-Fatihah.
فلا تفعلوا إلا أن يقرأ أحدكم بفاتحة الكتاب ؛ فإنه لا صلاةَ لِمَن لم يقرأ بفاتحة الكتابHere, in the discussion by some scholars of those who say that the hadith indicates obligation, they said: The hadith indicates permissibility and does not indicate obligation; because he prohibited recitation absolutely, then he excepted the recitation of al-Fatihah from the prohibition; so the exception from the prohibition means its permissibility and does not mean its obligation. And so it is here in the hadith of the mourning period; likewise, for example, His saying (Glorified and Exalted is He):
And when the prayer has been concluded, disperse within the land
فَإِذَا قُضِيَتِ الصَّلَاةُ فَانْتَشِرُوا فِي الْأَرْضِwhen [the adhan] is called for the prayer on the day of Jumu'ah [Friday], then proceed to the remembrance of Allah and leave trade
إِذَا نُودِيَ لِلصَّلَاةِ مِنْ يَوْمِ الْجُمُعَةِ فَاسْعَوْا إِلَى ذِكْرِ اللَّهِ وَذَرُوا الْبَيْعَAnd when the prayer has been concluded, disperse within the land
فَإِذَا قُضِيَتِ الصَّلَاةُ فَانْتَشِرُوا فِي الْأَرْضِBut when you come out of ihram, then [you may] hunt.
وَإِذَا حَلَلْتُمْ فَاصْطَادُواBut when you come out of ihram, then [you may] hunt.
وَإِذَا حَلَلْتُمْ فَاصْطَادُواDo not observe the mourning period for him except for three days.
لا تحدِّي عليه إلا ثلاثة أيامMay Allah reward you?
Another questioner : May Allah reward you, welcome, may Allah keep you safe.
The Shaykh : How are you?
Another questioner : Praise be to Allah, I am well.
The Shaykh : Praise be to Allah.
The questioner : So it is not obligatory, it is permissible; if she does not observe the mourning period, she owes nothing.
The Shaykh: Yes.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.
