Explanation of Hadiths from the Book of Umdat al-Ahkam: The Chapter on the Waiting Period
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The reader: In the name of Allah, the Most Gracious, the Most Merciful.
The Imam al-Hafiz 'Abd al-Ghani al-Maqdisi (may Allah have mercy on him) said in his book Umdat al-Ahkam:
The Chapter on the Waiting Period:
It is narrated from Subay'ah al-Aslamiyyah (may Allah be pleased with her)
The Shaykh : Ba'akk.
The reader:
قالت سبيعة : فلما قال لي ذلك : جمعت علي ثيابي حين أمسيت ، فأتيت رسول - صلى الله عليه وسلم - فسألته عن ذلك ؟ فأفتاني بأني قد حللت حين وضعت حملي ، وأمرني بالتزوج إن بدا لي.
And Ibn Shihab said: "I see no harm in her marrying when she gave birth, even if she was in her blood, except that her husband does not approach her until she becomes pure".
The Shaykh : The Book of Waiting Periods.
'Uddah is the plural of 'iddah, and it is the waiting of a woman when her husband separates from her for a specific, known duration, some details of which will be mentioned, if Allah wills. However, the waiting period is not obligatory unless the marriage is not defective.
And the second condition is that intercourse or seclusion with the husband must have occurred.
So if a man contracts a marriage with a woman, and after the contract it becomes clear that she is his sister through breastfeeding, then there is no waiting period on her due to this separation, because this separation is from a defective marriage.
And if he marries a woman and then divorces her before entering upon her, then there is no waiting period on her if it was before entry and seclusion.
And the evidence for that is the saying of Allah the Exalted:[Al-Ahzab 33:49].
Except for the one whose husband died, for whom the waiting period is obligatory even if neither intercourse nor seclusion occurred.
An example of that is: a man marries a woman, contracting a valid marriage with her, and then he dies before entering upon her and before touching her. In this case, we say that the waiting period is upon her, and she has the full inheritance, and she has the bridal gift that he gave her. If he did not give her anything, she has the mahr al-mithl (the equivalent bridal gift).
The Imam al-Hafiz 'Abd al-Ghani al-Maqdisi (may Allah have mercy on him) said in his book Umdat al-Ahkam:
The Chapter on the Waiting Period:
It is narrated from Subay'ah al-Aslamiyyah (may Allah be pleased with her)
That she was the wife of Sa'd ibn Khawlah - who was from the Banu 'Amir ibn Lu'ayy, and was among those who witnessed the Battle of Badr - and he passed away from her during the Farewell Pilgrimage, while she was pregnant. She did not wait long before she gave birth to her child after his death. When she recovered from her post-natal bleeding: she adorned herself for suitors. Abu al-Sanabil ibn Ba'akk entered upon her -
أنها كانت تحت سعد بن خولة - وهو من بني عامر بن لؤي ، وكان ممن شهد بدرا - فتوفي عنها في حجة الوداع، وهي حامل . فلم تنشب أن وضعت حملها بعد وفاته ، فلما تعلت من نفاسها : تجملت للخطاب. فدخل عليها أبو السنابل بن بعك -The Shaykh : Ba'akk.
The reader:
Abu al-Sanabil ibn Ba'akk, a man from the Banu 'Abd al-Dar, entered upon her and said to her: Why do I see you adorned? Perhaps you are hoping for marriage. By Allah, you are not to be married until four months and ten days have passed over you. Subay'ah said: When he said that to me: I gathered my clothes when it became evening, and I went to the Messenger - peace and blessings be upon him - and asked him about it? He issued a ruling for me that I had become lawful to marry when I gave birth to my child, and he ordered me to marry if it pleased me
فدخل عليها أبو السنابل بن بعكك رجل من بني عبد الدار - فقال لها : ما لي أراك متجملة ؟ لعلك ترجين للنكاح ، والله ما أنت بناكح حتى تمر عليك أربعة أشهر وعشر.قالت سبيعة : فلما قال لي ذلك : جمعت علي ثيابي حين أمسيت ، فأتيت رسول - صلى الله عليه وسلم - فسألته عن ذلك ؟ فأفتاني بأني قد حللت حين وضعت حملي ، وأمرني بالتزوج إن بدا لي
And Ibn Shihab said: "I see no harm in her marrying when she gave birth, even if she was in her blood, except that her husband does not approach her until she becomes pure".
The Shaykh : The Book of Waiting Periods.
'Uddah is the plural of 'iddah, and it is the waiting of a woman when her husband separates from her for a specific, known duration, some details of which will be mentioned, if Allah wills. However, the waiting period is not obligatory unless the marriage is not defective.
And the second condition is that intercourse or seclusion with the husband must have occurred.
So if a man contracts a marriage with a woman, and after the contract it becomes clear that she is his sister through breastfeeding, then there is no waiting period on her due to this separation, because this separation is from a defective marriage.
And if he marries a woman and then divorces her before entering upon her, then there is no waiting period on her if it was before entry and seclusion.
And the evidence for that is the saying of Allah the Exalted:
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. So provide for them and give them a gracious release.
يَا أَيُّهَا الَّذِينَ آمَنُوا إِذَا نَكَحْتُمُ الْمُؤْمِنَاتِ ثُمَّ طَلَّقْتُمُوهُنَّ مِنْ قَبْلِ أَنْ تَمَسُّوهُنَّ فَمَا لَكُمْ عَلَيْهِنَّ مِنْ عِدَّةٍ تَعْتَدُّونَهَا فَمَتِّعُوهُنَّ وَسَرِّحُوهُنَّ سَرَاحًا جَمِيلًاExcept for the one whose husband died, for whom the waiting period is obligatory even if neither intercourse nor seclusion occurred.
An example of that is: a man marries a woman, contracting a valid marriage with her, and then he dies before entering upon her and before touching her. In this case, we say that the waiting period is upon her, and she has the full inheritance, and she has the bridal gift that he gave her. If he did not give her anything, she has the mahr al-mithl (the equivalent bridal gift).