Her husband passed away and she is uncertain whether he divorced her; is she required to observe the waiting period?
Machine translationRead the Arabic original
Question: To the presence of the Chairman of the Department of Islamic Research and Ifta, Da'wah, and Guidance
Peace be upon you, and Allah's mercy and blessings.
I have a matter in which I would like you to issue a ruling, may Allah reward you with good.
It is that I have been married to my husband for thirty years, and for approximately twelve years there has been a disagreement between us. He had married another wife, so he came to live with her in her house and did not come to my house where I live with my children. He did not provide for us and did not visit us.
Approximately seven years ago, I traveled to America to visit my son who was studying there when his first child was born. It appears—as it became clear later—that he was not pleased with my trip; as a result, he intended to divorce me, but he wrote it in an un-Islamic will following an illness that struck him at that time. However, he did not inform anyone of it, and he kept this will in his safe, which we accessed after his death last week.
Two years later, he came to my home and approached me as husbands do, and he was alone with me, sitting with me and my children for two weeks. However, we disagreed again. I went to him to ask for my divorce papers, as I had heard from my relatives that he had divorced me. He promised to send them to me after two days when his agent would go to him. I sent my eldest son to him, but he refused. I spoke to him on the phone asking for my papers, but he refused, saying that he would not write them. However, he repeatedly mentioned in front of his brothers and his sons from his other wife that he had divorced me.
About two months ago, my eldest daughter went to him with one of her sisters and their brother to ask for their expenses, and they asked him about my status with regard to him. He said that I had been divorced for a long time. My husband has now passed away last week, but two weeks before his death, my brother—who is my guardian—went to him and spoke with him about many matters, but he did not inform him of the divorce. I do not know now: am I still under his responsibility, or am I divorced? Should I observe the waiting period for him? Please inform me in writing—may Allah reward you with good—and peace be upon you and Allah's mercy and blessings.
A. I. Z.
Answer: From 'Abd al-'Aziz ibn 'Abd Allah ibn Baz to the sister in Allah / A. I. Z.—May Allah guide her to good, amen.
Peace be upon you, and Allah's mercy and blessings. After that:
I have understood what you mentioned in the attached question: Are you required to observe the mourning period for your husband who passed away last week?
What I see is that you should observe the mourning period for him as a precaution, unless two just witnesses testify that he divorced you before his death. If three menstrual cycles or three months—should you be post-menopausal—have passed before his death, then there is no mourning period for you.
As for inheritance, it is up to the court. May Allah guide everyone to what pleases Him.
And peace be upon you and the mercy of Allah and His blessings.
Abdul Aziz ibn Abdullah ibn Baz
Peace be upon you, and Allah's mercy and blessings.
I have a matter in which I would like you to issue a ruling, may Allah reward you with good.
It is that I have been married to my husband for thirty years, and for approximately twelve years there has been a disagreement between us. He had married another wife, so he came to live with her in her house and did not come to my house where I live with my children. He did not provide for us and did not visit us.
Approximately seven years ago, I traveled to America to visit my son who was studying there when his first child was born. It appears—as it became clear later—that he was not pleased with my trip; as a result, he intended to divorce me, but he wrote it in an un-Islamic will following an illness that struck him at that time. However, he did not inform anyone of it, and he kept this will in his safe, which we accessed after his death last week.
Two years later, he came to my home and approached me as husbands do, and he was alone with me, sitting with me and my children for two weeks. However, we disagreed again. I went to him to ask for my divorce papers, as I had heard from my relatives that he had divorced me. He promised to send them to me after two days when his agent would go to him. I sent my eldest son to him, but he refused. I spoke to him on the phone asking for my papers, but he refused, saying that he would not write them. However, he repeatedly mentioned in front of his brothers and his sons from his other wife that he had divorced me.
About two months ago, my eldest daughter went to him with one of her sisters and their brother to ask for their expenses, and they asked him about my status with regard to him. He said that I had been divorced for a long time. My husband has now passed away last week, but two weeks before his death, my brother—who is my guardian—went to him and spoke with him about many matters, but he did not inform him of the divorce. I do not know now: am I still under his responsibility, or am I divorced? Should I observe the waiting period for him? Please inform me in writing—may Allah reward you with good—and peace be upon you and Allah's mercy and blessings.
A. I. Z.
Answer: From 'Abd al-'Aziz ibn 'Abd Allah ibn Baz to the sister in Allah / A. I. Z.—May Allah guide her to good, amen.
Peace be upon you, and Allah's mercy and blessings. After that:
I have understood what you mentioned in the attached question: Are you required to observe the mourning period for your husband who passed away last week?
What I see is that you should observe the mourning period for him as a precaution, unless two just witnesses testify that he divorced you before his death. If three menstrual cycles or three months—should you be post-menopausal—have passed before his death, then there is no mourning period for you.
As for inheritance, it is up to the court. May Allah guide everyone to what pleases Him.
And peace be upon you and the mercy of Allah and His blessings.
Abdul Aziz ibn Abdullah ibn Baz
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.