The waiting period of a pregnant woman in general: delivery of the child
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Question: Allah the Exalted said: [At-Talaq 65:4]. Is this specific to the woman whose husband has died? And regarding the divorced woman, when she delivers her child, does she still have a waiting period, or has it ended? And regarding the woman whose husband has died while she is pregnant, does she have financial maintenance until she delivers the child, or is she entitled only to what is specifically allocated to her from the inheritance?
Answer: The verse is general; it encompasses the woman whose husband has died, the divorced woman, the woman who has obtained a khul' divorce, and the woman whose marriage has been annulled by a judge on a valid legal basis. Each of them, if she is pregnant, exits the waiting period upon delivering the child, based on the aforementioned verse, which is His saying, the Exalted: [Surah al-Talaq: 4].
It is established in the two Sahihs that Subay'ah al-Aslamiyyah (may Allah be pleased with her) delivered her child a few nights after her husband's death. She sought the ruling of the Prophet (peace and blessings be upon him) regarding this, and he ruled that she had exited the waiting period from the moment she delivered her child, and he permitted her to marry whenever she wished.
This is the opinion of all the scholars, except for an anomalous disagreement narrated from some of the Salaf: that the woman whose husband has died observes the waiting period for the longer of the two periods. This is an opinion that is not relied upon, as it contradicts the noble verse and the noble hadith.
As for the financial maintenance of the woman whose husband has died, if she is pregnant, it is her responsibility, and nothing of it is due from the estate—in the most correct of the scholars' opinions.
May Allah guide everyone to understanding His religion and steadfastness upon it.
And peace be upon you and the mercy of Allah and His blessings.
And for those who are pregnant, their term is until they give birth
وَأُوْلَاتُ الْأَحْمَالِ أَجَلُهُنَّ أَن يَضَعْنَ حَمْلَهُنَّAnswer: The verse is general; it encompasses the woman whose husband has died, the divorced woman, the woman who has obtained a khul' divorce, and the woman whose marriage has been annulled by a judge on a valid legal basis. Each of them, if she is pregnant, exits the waiting period upon delivering the child, based on the aforementioned verse, which is His saying, the Exalted:
And for those who are pregnant, their term is until they give birth
وَأُوْلَاتُ الْأَحْمَالِ أَجَلُهُنَّ أَن يَضَعْنَ حَمْلَهُنَّIt is established in the two Sahihs that Subay'ah al-Aslamiyyah (may Allah be pleased with her) delivered her child a few nights after her husband's death. She sought the ruling of the Prophet (peace and blessings be upon him) regarding this, and he ruled that she had exited the waiting period from the moment she delivered her child, and he permitted her to marry whenever she wished.
This is the opinion of all the scholars, except for an anomalous disagreement narrated from some of the Salaf: that the woman whose husband has died observes the waiting period for the longer of the two periods. This is an opinion that is not relied upon, as it contradicts the noble verse and the noble hadith.
As for the financial maintenance of the woman whose husband has died, if she is pregnant, it is her responsibility, and nothing of it is due from the estate—in the most correct of the scholars' opinions.
May Allah guide everyone to understanding His religion and steadfastness upon it.
And peace be upon you and the mercy of Allah and His blessings.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.