The Waiting Period and an Explanation of the Wisdom Behind It
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Our brother has another question. He asks: Is the waiting period for a woman whose husband has died intended solely to confirm whether she is pregnant or not? If that is the case, what is your ruling if it is possible to determine the presence or absence of pregnancy in less than the waiting period through medical means, for example?
Answer: The waiting period is a duration prescribed by Allah (Mighty and Majestic) after divorce and after death for many reasons, for many reasons that are not merely the purity of the womb, but for many reasons. Among them is the purity of the womb so that fluids do not mix in the womb and lineages become confused. Among them is respecting the deceased and maintaining his sanctity in the heart of the wife, and protecting her from looking at men from the time of death. Similarly, Allah has established a known waiting period for the divorced wife: three menstrual cycles if she menstruates, or three months if she does not menstruate. The point is that the wisdom is not merely the purity of the womb; that is one of the intended purposes, and there are other rulings and other secrets besides the mere purity of the womb. The scholar Ibn al-Qayyim (may Allah have mercy on him) drew attention to this in his book *I'lam al-Muwaqqi'in*, and others among the scholars of knowledge (may Allah have mercy on them) drew attention to it as well.
The point is that the wisdom is not merely knowing the purity of the womb. No, for this reason it is obligatory for the woman to observe the waiting period absolutely, even if she was not entered into, if her husband died. Even if she was not entered into, if the marriage contract was concluded and he died before entering into her, the evidence is general and covers her and others. So she must observe a waiting period of four months and ten days, even if it is known that there is nothing in her womb. As for the one who was not entered into, there is nothing from the husband in her womb. Likewise, if she was a young girl and the marriage contract was concluded when she was five or nine years old, and then her husband died and it is known that he did not enter into her.
The conclusion is that the waiting period is general for the young and the old, and for the one who was entered into and the one who was not, if it is due to death. As for the detail, it is in divorce, in this case, in the waiting period of menstruation. If she was not entered into, there is no waiting period for her in divorce.
As for death, the waiting period is established and obligatory absolutely, even if she was not entered into, and even if the purity of the womb is known. Yes.
Answer: The waiting period is a duration prescribed by Allah (Mighty and Majestic) after divorce and after death for many reasons, for many reasons that are not merely the purity of the womb, but for many reasons. Among them is the purity of the womb so that fluids do not mix in the womb and lineages become confused. Among them is respecting the deceased and maintaining his sanctity in the heart of the wife, and protecting her from looking at men from the time of death. Similarly, Allah has established a known waiting period for the divorced wife: three menstrual cycles if she menstruates, or three months if she does not menstruate. The point is that the wisdom is not merely the purity of the womb; that is one of the intended purposes, and there are other rulings and other secrets besides the mere purity of the womb. The scholar Ibn al-Qayyim (may Allah have mercy on him) drew attention to this in his book *I'lam al-Muwaqqi'in*, and others among the scholars of knowledge (may Allah have mercy on them) drew attention to it as well.
The point is that the wisdom is not merely knowing the purity of the womb. No, for this reason it is obligatory for the woman to observe the waiting period absolutely, even if she was not entered into, if her husband died. Even if she was not entered into, if the marriage contract was concluded and he died before entering into her, the evidence is general and covers her and others. So she must observe a waiting period of four months and ten days, even if it is known that there is nothing in her womb. As for the one who was not entered into, there is nothing from the husband in her womb. Likewise, if she was a young girl and the marriage contract was concluded when she was five or nine years old, and then her husband died and it is known that he did not enter into her.
The conclusion is that the waiting period is general for the young and the old, and for the one who was entered into and the one who was not, if it is due to death. As for the detail, it is in divorce, in this case, in the waiting period of menstruation. If she was not entered into, there is no waiting period for her in divorce.
As for death, the waiting period is established and obligatory absolutely, even if she was not entered into, and even if the purity of the womb is known. Yes.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.
