The waiting period of a woman whose husband died after her delivery
Machine translationRead the Arabic original
Question:
A letter reached the program from Zanzibar, Tanzania, sent by one of the brothers from there. At the end of his letter, our brother says: I ask you, Your Eminence, to answer my following questions:
What is the ruling for a woman who gave birth, and then her husband died on the same day? Is her waiting period four months and ten days, or does she complete the days of post-natal bleeding, and then she can marry another?
Answer:
If the man dies after the delivery, she has a waiting period after that. But if he dies while she is pregnant, and then she gives birth after his death, even if it is by an hour, or even by minutes, she exits the waiting period; because Allah (Exalted and Majestic is He) said: [Al-Talaq:4]. So if her delivery is after his death, even by five minutes, or even by ten minutes, she exits her waiting period by that, and she has no waiting period after that. She is allowed to marry after delivering the fetus, even during the period of post-natal bleeding. But the husband does not have intercourse with her until she becomes pure. Similarly, she is allowed to marry while she is menstruating if she is not in a waiting period, but the husband is not allowed to approach her until she becomes pure.
So the summary is: if a woman delivers her fetus after the death of her husband, even if it is by a little, or by minutes, she exits the waiting period by delivering the fetus; because of the saying of Allah, the Exalted: [Al-Talaq:4]. Therefore, in the two Sahihs, from the hadith of Subay'ah al-Aslamiyyah: "That she gave birth after the death of her husband by nights, so she sought a ruling from the Prophet (peace and blessings be upon him), and he ruled for her: that she had become lawful from her husband by delivering her fetus." Yes.
A letter reached the program from Zanzibar, Tanzania, sent by one of the brothers from there. At the end of his letter, our brother says: I ask you, Your Eminence, to answer my following questions:
What is the ruling for a woman who gave birth, and then her husband died on the same day? Is her waiting period four months and ten days, or does she complete the days of post-natal bleeding, and then she can marry another?
Answer:
If the man dies after the delivery, she has a waiting period after that. But if he dies while she is pregnant, and then she gives birth after his death, even if it is by an hour, or even by minutes, she exits the waiting period; because Allah (Exalted and Majestic is He) said:
And for those who are pregnant, their term is until they give birth
وَأُوْلاتُ الأَحْمَالِ أَجَلُهُنَّ أَنْ يَضَعْنَ حَمْلَهُنَّSo the summary is: if a woman delivers her fetus after the death of her husband, even if it is by a little, or by minutes, she exits the waiting period by delivering the fetus; because of the saying of Allah, the Exalted:
And for those who are pregnant, their term is until they give birth
وَأُوْلاتُ الأَحْمَالِ أَجَلُهُنَّ أَنْ يَضَعْنَ حَمْلَهُنَّ
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.
