Regarding the wife whose husband has died, whether she is pregnant or not, what is her waiting period?
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The questioner : Regarding, O honorable Shaykh, the wife whose husband has died, if she is pregnant or not, what is the ruling in this case?
The Shaykh : It seems this questioner is asking about the waiting period of a woman whose husband has died.
The questioner : Yes.
The Shaykh : The waiting period for a woman whose husband has died is either four months and ten days if she is not pregnant. Menstruation is not considered in the waiting period for death; even if she does not menstruate during this period except once, her waiting period ends when the four months and ten days are completed, whether she menstruated only once or not at all.
As for if she is pregnant, her waiting period is the delivery of the fetus, based on the saying of Allah the Exalted:[At-Talaq 65:4] whether the period is long or short. Accordingly, she might give birth one day after her husband's death, in which case her waiting period and her mourning period end. She might remain for six, seven, nine, ten, twelve, or twenty-four months, and she remains in her waiting period until she delivers the fetus, due to the generality of the saying of Allah the Exalted: [At-Talaq 65:4] If someone were to ask: If she gives birth before the completion of four months and ten days, why do we not exercise caution and take the longer period? The answer is that the Sunnah has clarified this.
The questioner : Yes.
The Shaykh : Subay'ah al-Aslamiyyah gave birth a few nights after her husband's death, and the Messenger of Allah (peace and blessings be upon him) permitted her to marry. This indicates that as soon as she delivers the fetus, her waiting period ends, even if it is before four months and ten days. Indeed, even if her husband has not yet been buried, her waiting period ends. For example, if a woman was divorced and then her husband died before she delivered the fetus, and then she delivered the fetus minutes after his death, her waiting period ends and is completed.
The questioner : Yes.
The Shaykh : And the mourning period follows the waiting period, so she is not required to observe mourning in this case because her waiting period has ended.
And since we have mentioned mourning, it is appropriate for us to clarify what it is that a woman mourns for.
The questioner : Yes.
The Shaykh : We say: She mourns by abstaining from adornment. She does not adorn her eyes, lips, hands, or feet. She does not apply kohl, does not color her lips, and does not dye with henna or anything else, neither in her hands nor her feet.
She does not wear jewelry of any kind. If she has jewelry when her husband dies, she removes it. If it cannot be removed except by cutting it, it is cut. If she has gold teeth, she removes them if they are attached to the natural teeth. However, if they are not attached to the natural teeth but are fixed, or if they cannot be removed without damaging the teeth, she leaves them, but she strives to hide them. She avoids all clothing of adornment, such as dresses, trousers, or an abaya, or anything else that is worn. She avoids everything that is called clothing of adornment. As for ordinary clothing, there is nothing wrong with it, whether it is black, green, or yellow. The important thing is that it not be said that this woman is adorned.
She also avoids perfume of all kinds, whether it is incense, oil, or powder, except if she becomes pure from menstruation, in which case she uses a little incense to hide the smell of the harm caused by menstruation.
She avoids leaving the house, so she does not go out except for a need during the day or a necessity at night, unless she fears for her safety or her mind if she remains alone in the house, in which case she may move wherever she wishes.
These are five things that the mourning woman avoids: adornment with various types of adornment, wearing jewelry, wearing beautiful clothes, perfume of all kinds, and leaving the house.
As for speaking with men.
The questioner : Yes.
The Shaykh : By telephone or without a telephone, she is like any other woman in that she may speak to men, provided that fitnah (trial, discord or temptation) is not feared. Likewise, her going out from inside the apartment to the courtyard of the apartment, and her going up to the roof of the apartment or house, all of this is permissible and there is nothing wrong with it. Yes.
The questioner : May Allah bless you. She actually has another point to say.
The Shaykh : It seems this questioner is asking about the waiting period of a woman whose husband has died.
The questioner : Yes.
The Shaykh : The waiting period for a woman whose husband has died is either four months and ten days if she is not pregnant. Menstruation is not considered in the waiting period for death; even if she does not menstruate during this period except once, her waiting period ends when the four months and ten days are completed, whether she menstruated only once or not at all.
As for if she is pregnant, her waiting period is the delivery of the fetus, based on the saying of Allah the Exalted:
And for those who are pregnant, their term is until they give birth
وَأُوْلاتُ الأَحْمَالِ أَجَلُهُنَّ أن يَضَعْنَ حَمْلَهُنَّAnd for those who are pregnant, their term is until they give birth
وَأُوْلاتُ الأَحْمَالِ أَجَلُهُنَّ أن يَضَعْنَ حَمْلَهُنَّThe questioner : Yes.
The Shaykh : Subay'ah al-Aslamiyyah gave birth a few nights after her husband's death, and the Messenger of Allah (peace and blessings be upon him) permitted her to marry. This indicates that as soon as she delivers the fetus, her waiting period ends, even if it is before four months and ten days. Indeed, even if her husband has not yet been buried, her waiting period ends. For example, if a woman was divorced and then her husband died before she delivered the fetus, and then she delivered the fetus minutes after his death, her waiting period ends and is completed.
The questioner : Yes.
The Shaykh : And the mourning period follows the waiting period, so she is not required to observe mourning in this case because her waiting period has ended.
And since we have mentioned mourning, it is appropriate for us to clarify what it is that a woman mourns for.
The questioner : Yes.
The Shaykh : We say: She mourns by abstaining from adornment. She does not adorn her eyes, lips, hands, or feet. She does not apply kohl, does not color her lips, and does not dye with henna or anything else, neither in her hands nor her feet.
She does not wear jewelry of any kind. If she has jewelry when her husband dies, she removes it. If it cannot be removed except by cutting it, it is cut. If she has gold teeth, she removes them if they are attached to the natural teeth. However, if they are not attached to the natural teeth but are fixed, or if they cannot be removed without damaging the teeth, she leaves them, but she strives to hide them. She avoids all clothing of adornment, such as dresses, trousers, or an abaya, or anything else that is worn. She avoids everything that is called clothing of adornment. As for ordinary clothing, there is nothing wrong with it, whether it is black, green, or yellow. The important thing is that it not be said that this woman is adorned.
She also avoids perfume of all kinds, whether it is incense, oil, or powder, except if she becomes pure from menstruation, in which case she uses a little incense to hide the smell of the harm caused by menstruation.
She avoids leaving the house, so she does not go out except for a need during the day or a necessity at night, unless she fears for her safety or her mind if she remains alone in the house, in which case she may move wherever she wishes.
These are five things that the mourning woman avoids: adornment with various types of adornment, wearing jewelry, wearing beautiful clothes, perfume of all kinds, and leaving the house.
As for speaking with men.
The questioner : Yes.
The Shaykh : By telephone or without a telephone, she is like any other woman in that she may speak to men, provided that fitnah (trial, discord or temptation) is not feared. Likewise, her going out from inside the apartment to the courtyard of the apartment, and her going up to the roof of the apartment or house, all of this is permissible and there is nothing wrong with it. Yes.
The questioner : May Allah bless you. She actually has another point to say.