Text copied Link copied

Al-Fatawa – home

﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

Scholar
Search mode

A woman gave birth, and three days later her husband died. Does she observe the waiting period, and what is the duration of her waiting period?

Machine translationRead the Arabic original
The questioner : He says:The questioner : The husband died only three days after his wife gave birth. Does she observe the waiting period, and what is the duration of the waiting period?

The Shaykh : How? He said the husband died after his wife gave birth. The question is reversed.

The questioner : ...

The Shaykh : Is the questioner present? He wants to know whether the husband died after his wife gave birth, or whether the wife gave birth after her husband died?

The questioner : ...

The Shaykh : She gave birth, and then the husband died three days later. The husband does not have a waiting period!

The Shaykh : He says she gave birth and then the husband died.

The questioner : He says, “O Shaykh, the husband died only three days after his wife gave birth. Does she observe the waiting period, and what is the duration of the waiting period? It is the waiting period due to death, O Shaykh.”

The Shaykh : Meaning, she gave birth, and then her husband died three days after her delivery. Okay, that is correct.
She must observe the waiting period for four months and ten days. She must observe the waiting period for four months and ten days.
But I have two questions. The first question: If he divorced her three days after she gave birth, and she did not get her menstruation until a year later, how long does she observe the waiting period? She observes the waiting period for three menstrual cycles. She observes the waiting period for three menstrual cycles. She waits until menstruation comes, and then she observes the waiting period for three menstrual cycles. This is because the custom is that a woman who has given birth and is nursing does not menstruate. This is the custom. So we say: If he divorced her after she gave birth and she did not get her menstruation because she is nursing, she waits until she gets her menstruation, and then she observes the waiting period for three menstrual cycles. Thus, the waiting period for divorce becomes longer than the waiting period for death. What is the waiting period for death? Four months and ten days. This is one issue.
The second issue: A man died, and his wife was in labor, then she gave birth before he was washed. Does she observe the waiting period after that, or does her waiting period end with the delivery? Her waiting period ends with the delivery. So this woman’s waiting period for her husband ended before he was buried, by the saying of the Exalted:
And for those who are pregnant, their term is until they give birth وأولات الأحمال أجلهن أن يضعن حملهن
[At-Talaq 65:4]
.
Okay, a third issue: A man contracted marriage with a woman and gave her one hundred thousand as the bridal gift. She has a waiting period. She must observe the waiting period for four months and ten days. She is entitled to the full bridal gift of one hundred thousand, which is taken from the estate before anything else. She is also entitled to inheritance. So now she observes the waiting period, has the full bridal gift, and has the full inheritance. If her husband had no children, what does she inherit? One quarter. So she receives one quarter of the estate and the full bridal gift, and we obligated her to observe the waiting period, even though he did not enter upon her. If he had divorced her before entering upon her and being alone with her, she would not have a waiting period. Glory be to Allah, death entails a waiting period for her, but divorce does not entail a waiting period for her! Yes,
O You who have believed, when you marry believing women and then divorce them before you have touched them, then there is not for you any waiting period to count concerning them يا أيها الذين آمنوا إذا نكحتم المؤمنات ثم طلقتموهن من قبل أن تمسوهن فما لكم عليهن من عدّة تعتدونها
[Al-Ahzab 33:49]
and in the case of death:
And those who are taken in death among you and leave wives behind - they, [the wives, shall] wait four months and ten [days] والذين يتوفون منكم ويذرون أزواجا يتربّصن بأنفسهن أربعة أشهر وعشرا
[Al-Baqarah 2:234]
And in inheritance:
And for the wives is one fourth ولهن الربع مما تركتم
[An-Nisa 4:12]
for the wives, and there is no mention of entering upon them. This is the difference. This is the Book of Allah, Mighty and Majestic.
Source alathar.net

The Arabic text is copied verbatim from the original source, without any edits.

Similar fatwas