Text copied Link copied

Al-Fatawa – home

﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

Scholar
Search mode

Giving another example of the difference in scholars' understanding of the texts.

Machine translationRead the Arabic original
The Shaykh : Among such examples is the disagreement among people regarding the waiting period of a woman whose husband has died while she is pregnant. How long is her waiting period? Some scholars said: She observes the waiting period for the longer of the two periods: the delivery of the child or four months and ten days. If she gives birth before the completion of four months and ten days, she must complete four months and ten days. If four months and ten days pass before she gives birth, she must wait until she delivers. Do you understand now? Very well. Her husband died on the first day of Muharram, and she gave birth on the first day of Rabi' al-Awwal. Does her waiting period end or not? It does not end; she still has two months and ten days remaining. Her husband died on the first day of Muharram, and four months have passed: Muharram, Safar, Rabi' al-Awwal, Rabi' al-Thani, and Jumada al-Ula, and she has not yet given birth. Does she wait or not? She waits until she gives birth. This is the opinion of some of the scholars. Among those who held this opinion were 'Ali ibn Abi Talib (may Allah be pleased with him) and 'Abdullah ibn 'Abbas, and they are sufficient in knowledge and jurisprudence. Other scholars said: She observes the waiting period until the delivery of the child, even if its duration is less than four months and ten days. If she gives birth after her husband's death, even by one night, her waiting period ends. This is the opinion of the majority of the scholars of knowledge. So, what adjudicates between these groups?
The student: The Book of Allah.

The Shaykh : The Book of Allah. Rest. The Book of Allah. Allah said in it:
And for those who are pregnant, their term is until they give birth وأولات الأحمال أجلهن أن يضعن حملهن
[At-Talaq 65:4]
And He said:
And those who are taken in death among you and leave wives behind - they, [the wives, shall] wait four months and ten [days]. والذين يتوفّن منكم ويذرون أزواجاً يتربصن بأنفسهنّ أربعة أشهر وعشراً
[Al-Baqarah 2:234]
Each of them contains a general meaning. The first verse,
And for those who are pregnant, their term is until they give birth وأولات الأحمال أجلهن أن يضعن حملهن
[At-Talaq 65:4]
includes those who observe a waiting period due to death and those who observe it due to divorce.
And those who are taken in death among you and leave wives behind - they, [the wives, shall] wait four months and ten [days]. والذين يتوفّن منكم ويذرون أزواجاً يتربصن بأنفسهنّ أربعة أشهر وعشراً
[Al-Baqarah 2:234]
includes those who are pregnant and those who are not. Therefore, there is no way for us to take from both verses unless we say that she observes the waiting period for the longer of the two periods. This is the view of 'Ali and Ibn 'Abbas (may Allah be pleased with them both). We are left with another reference. What is it? The Sunnah. We look at the Sunnah and find that the Sunnah indicates that the determining factor is the pregnancy, even if its duration is short, as established in the two Sahihs from Subay'ah al-Aslamiyyah (may Allah be pleased with her):
That she gave birth after the death of her husband by a few nights. أنها نفست بعد موت زوجها بليال
She had not reached one month, or she had reached it but had not reached four months and ten days.
It was narrated that 'Aishah said: "The wives of the Prophet got together and sent Fatimah to the Prophet. They told her to say: 'Your wives'" -and he (the narrator) said something to the effect that they are urging you to be equitable with regard to the matter of the daughter of Abu Quhafah. She said: "So she entered upon the Prophet when he was with 'Aishah under her cover. She said to him: 'Your wives have sent me and they are urging you to be equitable with regard to the matter of the daughter of Abu Quhafah.' The Prophet said to her: 'Do you love me?' She said: 'Yes.' He said: 'Then love her.' So she went back to them and told them what he said. They said to her: 'You did not do anything; go back to him.' She said: 'By Allah, I will never go back (and speak to him) about her again.' She was truly the daughter of the Messenger of Allah. So they sent Zainab bint Jahsh." 'Aishah said: "She was somewhat my equal among the wives of the Prophet. She said: 'Your wives have sent me to urge you to be equitable with regard to the matter of the daughter of Abu Quhafa.' Then she swooped on me and abused me, and I started watching the Prophet to see if he would give me permission to respond to her. She insulted me and I started to think that he would not disapprove if I responded to her. So I insulted her and I soon silenced her. Then the Prophet said to her: 'She is the daughter of Abu Bakr.'" 'Aishah said: "And I never saw any woman who was better, more generous in giving charity, more keen to uphold the ties of kinship, and more generous in giving of herself in everything by means of which she could draw closer to Allah than Zainab. But she had a quick temper; however, she was also quick to calm down." فأذن لها النبي صلى الله عليه وسلم أن تتزوّج
Sunan an-Nasa'i 3946Sahih (Darussalam)
And by this, it is known that the determining factor is what? The delivery of the child. And the opinion of the majority is the correct one because the Sunnah indicated it. This disagreement that occurs in such matters does not cause harm, because each party intends the truth, but the understandings or the knowledge of people differ. Some people are given by Allah the Exalted a strong understanding, so they understand from the text what others do not. Some people have a limited understanding. Some people are given knowledge by Allah, and some have little knowledge. So, the result is that this disagreement does not fall under the prohibited disagreement, because it is a disagreement in concept and does not cause harm.
Source alathar.net

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

Similar fatwas