DESCRIPTION OF IDDAH.

DESCRIPTION OF IDDAH :-

CONTENT :-

1) RULING FOR WAILING & CRYING (WEEP) OVER A DEAD PERSON.

2) IDDAH OF WOMEN WHOSE HUSBAND HAS DIED.

3) IDDAH OF WOMEN IF SHE IS PREGNANT WHEN HER HUSBAND DIED.

4) IDDAH OF WOMEN WHO HAS BEEN DIVORCE BY TALAAQ.

5) IDDAH OF WOMEN WHO HAS BEEN DIVORCE BY KHULA.

6) PROHIBITED MATTER DURING IDDAH.

7) PLACE FOR OBSERVING IDDAH.

8) WHAT SHOULD BE DONE IN FOLLOWING SITUATIONS ?.

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1) RULING FOR WAILING & CRYING (WEEP) OVER A DEAD PERSON :-

Narrated Ibn ‘Umar from his father:

The Prophet said, “The deceased is tortured in his grave for the wailing done over him.”
Narrated Shu’ba:The deceased is tortured for the wailing of the living ones over him .

SAHIH BUKHARI (Vol. 2, Book 23, Hadith 379)

Umar reported:

Allah’s Apostle (may peace be upon him) as saying:The dead is punished in the grave because of wailing on it.

SAHIH MUSLIM (Book 4, Hadith 2016)

It is narrated on the authority of Abu Burda b. Abu Musa that Abu Musa was afflicted with grave pain and he became unconscious and his head was in the lap of a lady of his household. One of the women of his household walled. He (Abu Musa) was unable (because of weakness) to say anything to her. But when he was a bit recovered he said:I have no concern with one with whom the Messenger of Allah (may peace be upon him) has no concern, Verily the Messenger of Allah (may peace be upon him) has no concern with that woman who wails loudly, shaves her hair and tears (her garment in grief).

SAHIH MUSLIM (Book 1, Hadith 186)

It was narrated that Al-Qartha’ said:

“When Abu Musa was close to death, his wife screamed and he said: ‘Do you not know what the Messenger of Allah said?” She said: ‘Yes, Then she fell silent and it was said to her after that: ‘What did the Messenger of Allah say?’ She said: ‘The Messenger of Allah cursed the one who shaves his head, raises his voice in lamentation or rends his garment.” (Sahih)

SUNAN NASEEI (Vol. 3, Book 1, Hadith 1868)

It was narrated from Yazid bin Aws, that:

Abu Musa said he fell unconscious and an Umm Walad of his wept. When he woke up, he asked her: “Have you not heard what the Messenger of Allah said?” She said: “He said: ‘He is not one of us who raises his voice in lamentation, shaves his head, or rends his garments.”” (Sahih)

SUNAN NASEEI (Vol. 3, Book 1, Hadith 1866)

Narrated Umm ‘Atiyyah: The Apostle of Allah () prohibited us to wail.

ABU DAWOOD (Book 20, Hadith 3121)

Narrated AbuSa’id al-Khudri:

The Apostle of Allah () cursed the wailing woman and the woman who listens to her.

ABU DAWOOD (Book 20, Hadith 3122)

Abdullah b. ‘Umar said that Sa’d b. Ubada complained of illness. The Messenger of Allah (may peace be upon him) came to visit him accompanied by ‘Abd al-Rahman b. ‘Auf, Sa’d b. Abi Waqqas and Abdullah b. Mas’ud. As he entered (his room) he found him in a swoon. Upon this he said:Has he died? They said: Messenger of Allah, it is not so. The Messenger of Allah (may peace be upon him) wept. When the people saw Allah’s Messenger (may peace be upon him) weeping, they also began to weep. He said. Listen, Allah does not punish for the tears that the eye sheds or the grief the heart feels, but He punishes for this (pointing to his tongue), or He may show mercy.

SAHIH MUSLIM (Book 4, Hadith 2010)

Narrated Anas bin Malik:

We went with Allah’s Apostle (p.b.u.h) to the blacksmith Abu Saif, and he was the husband of the wet-nurse of Ibrahim (the son of the Prophet). Allah’s Apostle took Ibrahim and kissed him and smelled him and later we entered Abu Saif’s house and at that time Ibrahim was in his last breaths, and the eyes of Allah’s Apostle (p.b.u.h) started shedding tears. `Abdur Rahman bin `Auf said, “O Allah’s Apostle, even you are weeping!” He said, “O Ibn `Auf, this is mercy.” Then he wept more and said, “The eyes are shedding tears and the heart is grieved, and we will not say except what pleases our Lord, O Ibrahim ! Indeed we are grieved by your separation.”

SAHIH BUKHARI (Vol. 2, Book 23, Hadith 390)

NOTE :-

The death of prophet son, Ibrahim, born of Miriyah (may allah be pleased with her) had occurred in the tenth Hijri. The hadith clearly proves that weeping over a loved one’s death is permissible. But it should be VOID of WAILING.

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2) IDDAH OF WOMAN WHOSE HUSBAND HAS DIED :-

THE IDDAH FOR A WOMEN WHOSE HUSBAND HAS DIED IS FOUR MONTHS AND 10 DAYS.

“And those of you who die and leave wives behind them, they (the wives) shall wait (as regards their marriage) for four months and ten days, then when they have fulfilled their term”

(SURAH BAQARAH 2 VERSE 234)

Narrated Um ‘Atiyya:

We were forbidden to mourn for more than three days except for a husband.

SAHIH BUKHARI (Vol. 7, Book 63, Hadith 253)

Narrated Um Habiba:

The Prophet said, “It is not lawful for a Muslim woman who believes in Allah and the Last Day to mourn for more than three days, except for her husband, for whom she should mourn for four months and ten days.”

SAHIH BUKHARI (Vol. 7, Book 63, Hadith 252)

Narrated Um ‘Atiyya:

We were forbidden to mourn for more than three days for a dead person, except for a husband, for whom a wife should mourn for four months and ten days (while in the mourning period) we were not allowed to put kohl in our eyes, nor perfume our-selves, nor wear dyed clothes, except a garment of ‘Asb (special clothes made in Yemen). But it was permissible for us that when one of us became clean from her menses and took a bath, she could use a piece of a certain kind of incense. And it was forbidden for us to follow funeral processions.

SAHIH BUKHARI (Vol. 7, Book 63, Hadith 254)

Narrated Zainab bint Abi Salama:

I went to Um Habiba, the wife of Prophet, who said, “I heard the Prophets saying, ‘It is not legal for a woman who believes in Allah and the Last Day to mourn for any dead person for more than three days except for her husband, (for whom she should mourn) for four months and ten days’.” Later I went to Zainab bint Jahsh when her brother died; she asked for some scent, and after using it she said, “I am not in need of scent but I heard Allah’s Apostle saying, ‘It is not legal for a woman who believes in Allah and the Last Day to mourn for more than three days for any dead person except her husband, (for whom she should mourn) for four months and ten days.’ ”

SAHIH BUKHARI (Vol. 2, Book 23, Hadith 371)

Narrated Muhammad bin Seereen:

One of the sons of Um ‘Atiyya died, and when it was the third day she asked for a yellow perfume and put it over her body, and said, “We were forbidden to mourn for more than three days except for our husbands.”

SAHIH BUKHARI (Vol. 2, Book 23, Hadith 369)

It was narrated that Zainab bint Umm Salamah said:

“Umm Habibah said: ‘I heard the Messenger of Allah say: It is not permissible for a woman who believes in Allah and the Last Day to mourn for anyone who dies for more than three days, except for a husband; (she mourns for him for) four months and ten (days).”

SUNAN NASEEI (Vol. 4, Book 27, Hadith 3530)

It was narrated from Safiyyah bint Abi ‘Ubaid from one of the wives of the Prophet, and from Umm Salamah, that the Prophet said:”It is not permissible for a woman who believes in Allah and the Last Day to mourn for anyone who dies for more than three days except for a husband; she should mourn for him for four months and ten (days).”

SUNAN NASEEI (Vol. 4, Book 27, Hadith 3534)

It was narrated from Zainab bint Abi Salamah that Umm Habibah said:”I heard the Messenger of Allah say this on this Minbar: ‘It is not permissible for a woman who believes in Allah and His Messenger to mourn for anyone who dies for more than three days, except for a husband, (for whom the mourning period is) four months and ten days.'”

SUNAN NASEEI (Vol. 4, Book 27, Hadith 3557)

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3) IDDAH OF WOMEN IF SHE IS PREGNANT WHEN HER HUSBAND DIED :-

“And for those who are pregnant (whether they are divorced or their husbands are dead), their ‘Iddah (prescribed period) is until they lay down their burden”

(SURAH AL-TALAAQ 65 VERSE 4)

It was narrated from ‘Alqamah bin Qais that Ibn Mas’ud said:

“Whoever wants, I will meet and debate with him and invoke the curse of Allah upon those who lie. The Verse: ‘And for those who are pregnant (whether they are divorced or their husbands are dead), their ‘Iddah (prescribed period) is until they lay down their burden.’ was only revealed after the Verse about women whose husbands die. ‘When a woman whose husband has died gives birth, it becomes permissible for her to marry.'” This is the wording of Maimun (one of the narrators).

SUNAN NASEEI (Vol. 4, Book 27, Hadith 3552)

Abu Salamah bin ‘Abdur-Rahman said:

“While Abu Hurairah and I were with Ibn ‘Abbas, a woman came and said that her husband had died while she was pregnant, then she had given birth less than four months after the day he died. Ibn ‘Abbas said: ‘(You have to wait) for the longer of the two periods.'” Abu Salamah said: “A man from among the Companions of the Prophet told me that Subai’ah Al-Aslamiyyah came to the Messenger of Allah and said that her husband died while she was pregnant, and she gave birth less than four months after he died. The Messenger of Allah told her to get married. Abu Hurairah said: ‘And I bear witness to that.'”

SUNAN NASEEI (Vol. 4, Book 27, Hadith 3547)

Abu Salamah bin ‘Abdur-Rahman said:

“It was said to Ibn ‘Abbas concerning a woman who gives birth one day after her husband died: ‘Can she get married?’ He said: ‘No, not until the longer of the two periods has ended.’ He said: ‘Allah says: And for those who are pregnant (whether they are divorced or their husbands are dead), their ‘Iddah (prescribed period) is until they lay down their burden.’ He said: ‘That only applies in the case of divorce.’ Abu Hurairah said: ‘I agree with my brother’s son’ –meaning, Abu Salamah. He sent his slave Kuraib and told him: ‘Go to Umm Salamah and ask her: Was this the Sunnah of the Messenger of Allah?’ He came back and said: ‘Yes, Subai’ah Al-Aslamiyyah gave birth twenty days after her husband died, and the Messenger of Allah told her to get married, and Abu As-Sanabil was one of those who proposed marriage to her.'”

SUNAN NASEEI (Vol 4, Book 27, Hadith 3541)

It was narrated that Abu Salamah said:

“Ibn ‘Abbas and Abu Hurairah were asked about the woman whose husband dies when she is pregnant. Ibn ‘Abbas said: ‘(She should wait) for the longer of the two periods.’ Abu Hurairah said: ‘When she gives birth it becomes permissible for her to marry.’ Abu Salamah went to Umm Salamah and asked her about that, and she said: ‘Subai’ah Al-Aslamiyyah gave birth half a month after her husband died, and two men proposed to her. One was young and one was old, and she was inclined toward the young one. So the old one said: It is not permissible for you to marry. Her family was not there, and he hoped that if he went to her family they would marry her to him. She went to the Messenger of Allah and he said: It is permissible for you to marry, so marry whomever you want.'”

SUNAN NASEEI (Vol 4, Book 27, Hadith 3540)

Sulaiman bin Yasir narrated that

Abu Hurairah, Ibn Abbas and Abu Salamah bin Abdur-Rahman mentioned the pregnant women whose husband died and she gave birth after the death of her husband. So Ibn Abbas said: “She observes Iddah until the end of the two terms.” Abu Salamah said: “Rather, she is allowed when she gives birth.” Abu Hurairah said: “I am with my nephew,” meaning Abu Salamah.So he sent a message to Umm Salamah the wife of the Prophet. She said: “Subai’ah Al-Aslamiyyah gave birth a short time after her husband died, so she sought the judgment of the Messenger of Allah and he ordered her to get married.” (Sahih)

SUNAN TIRMIDHI (Vol. 2, Book 8, Hadith 1194)

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4) IDDAH OF WOMEN WHO HAS BEEN DIVORCE BY TALAAQ :-

SHAYKH IBN UTHAYMEEN SAID :-

If the woman is divorced by talaaq before the man has entered upon her and been alone with her, i.e., before intercourse or intimacy with her, then she does not have to observe any ‘iddah at all. Simply by virtue of the divorce it becomes permissible for her to marry another man. But if he has entered upon her and been alone with her and had intercourse with her, then she has to observe the ‘iddah (waiting period) which takes one of the following forms:

1) If she is pregnant then her ‘iddah lasts until the pregnancy ends and she delivers, whether that is a long time or a short one. It may so happen that he divorces her in the morning and she gives birth at noon, in which case her ‘iddah is over. Or it may be that he divorces her in Muharram and she does not give birth until Dhu’l-Hijjah, so she remains in ‘iddah for twelve months. The point is that the ‘iddah of the pregnant woman lasts until she gives birth, no matter what the case, because Allaah says (interpretation of the meaning):

“And for those who are pregnant (whether they are divorced or their husbands are dead), their ‘Iddah (prescribed period) is until they lay down their burden”

(SURAH AL-TALAAQ 65 VERSE 4)

2) If the woman is not pregnant and she menstruates (is of child-bearing age), then her ‘iddah is three complete menstrual cycles after the divorce, i.e., her period comes then she becomes pure, then her period comes again and she becomes pure, then her period comes again and she becomes pure. That is three complete menstrual cycles, regardless of whether the time between them is long or short. Based on this, if he divorces her and she is breastfeeding and does not menstruate until two years later, then she remains in ‘iddah until she has had three menstrual cycles, so she may stay in this state for two years or more. The point is that she should go through three complete menstrual cycles whether the time involved is long or short, because Allaah says (interpretation of the meaning):

“And divorced women shall wait (as regards their marriage) for three menstrual periods”

(SURAH AL-BAQARAH 2 VERSE 228)

3) If a woman does not menstruate, either because she is very young or old and past menopause, then her ‘iddah is three months, because Allaah says (interpretation of the meaning):

“And those of your women as have passed the age of monthly courses, for them the ‘Iddah (prescribed period), if you have doubt (about their periods), is three months; and for those who have no courses [(i.e. they are still immature) their ‘Iddah (prescribed period) is three months likewise…”

(SURAH AL-TALAAQ 65 VERSE 4)

4) If a woman’s periods have ceased for a known reason and she will not menstruate again, such as if her uterus has been removed (hysterectomy), then she is like one who has passed menopause and her ‘iddah is three months.

5) If her periods have ceased and she knows the cause, she should wait for the cause to cease and for her periods to return, then she should observe ‘iddah according to her menstrual cycle.

6) If her periods have ceased and she does not know what caused that, then the scholars say that she should observe an ‘iddah of a full year, nine months for pregnancy and three months for ‘iddah.

(MAJMOO’AT AS’ILAH TAHUMM AL-USRAH AL-MUSLIMAH PAGE 61-63)

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5) IDDAH OF WOMEN WHO HAS BEEN DIVORCE BY KHULA :-

Khula’ – in principle – can only occur at the request of the wife, and with the husband’s subsequent agreement to end the marriage.

With regard to the ‘iddah following khula’, the correct scholarly view is that it is one menstrual cycle, as is indicated by the Sunnah.

Narrated Abdullah ibn abbas: The wife of Thabit ibn Qays separated (khula) herself from him for a compensation. The Prophet (peace_be_upon_him) made her waiting period a menstrual course.

ABU DAWOOD (Book #12, Hadith #2221)

Ibn Abbas narrated that :

The wife of Thabit bin Qais was granted a Khul from her husband during the time of the Prophet. So the Prophet ordered her to observe an Iddah of a menstruation.

SUNAN TIRMIDHI (Vol. 2, Book 8, Hadith 1185)

Ar-Rubayy’ bint Mu’awwidh bin ‘Afra’ narrated that Thabit bin Qais bin Shammas hit his wife and broke her arm –her name was Jamilah bint ‘Abdullah bin Ubayy. Her brother came to the Messenger of Allah to complain about him, and the Messenger of Allah sent for Thabit and said:”Take what she owes you and let her go.” He said: “Yes.” And the Messenger of Allah ordered her to wait for one menstrual cycle and then go to her family.

SUNAN NASEEI (Vol. 4, Book 27, Hadith 3527)

IBN AL QAYYIM SAID :-

In the fact that the Prophet (peace and blessings of Allaah be upon him) commanded the woman who ended her marriage to her husband by khula’ to observe an ‘iddah of one menstrual cycle, there is evidence for two rulings: The first is that she does not have to wait for three menstrual cycles, rather one menstrual cycle is sufficient. Just as this is clearly the Sunnah, it was also the view of Ameer al-Mu’mineen ‘Uthmaan ibn ‘Affaan, ‘Abd-Allaah ibn ‘Umar ibn al-Khattaab, al-Rabee’ bint Mu’awwadh and her paternal uncle, who was one of the greatest Sahaabah. We do not know of anyone who held a different opinion, as al-Layth ibn Sa’d narrated that Naafi’ the freed slave of Ibn ‘Umar heard al-Rabee’ bint Mu’awwadh ibn ‘Afra’ telling ‘Abd-Allaah ibn ‘Umar (may Allaah be pleased with him) that she had ended her marriage to her husband by khula’ at the time of ‘Uthmaan ibn ‘Affaan, and her paternal uncle had come to ‘Uthmaan ibn ‘Affaan and said, The daughter of Mu’awwadh ended her marriage to her husband by khula’ today, so should she move (from the marital home)? ‘Uthmaan said, She should move, and there is no inheritance between them, and she does not have to observe any ‘iddah, but she should not remarry until one menstrual cycle has passed, lest she be pregnant. ‘Abd-Allaah ibn ‘Umar said: and ‘Uthmaan was the best of us and the most knowledgeable.

(ZAAD AL-MA’AAD 5/196-197)
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6) PROHIBITED MATTER DURING IDDAH :-

A WOMEN SHOULD NOT WEAR BEAUTIFUL CLOTHES,SHE SHOULD NOT PUT KOHL,SHE SHOULD NOT PERFUME HERSELF.

SHAYKH IBN TAYMIYAH SAID :-

The woman who is in ‘iddah following the death of her husband has to wait for four months and ten days, and she should avoid adornments and perfume on her body and clothing; she should not wear adornments or put on perfume or wear fancy clothes. She should stay in her house and not go out during the day unless it is for a need, and she should not go out at night except in the case of necessity.It is permissible for her to do everything that is permissible in times other than ‘iddah, such as speaking to any man she needs to speak to if she is properly covered, and so on. What I have mentioned is the Sunnah of the Messenger of Allah (blessings and peace of Allah be upon him) which was the practice of the women of the Sahaabah when their husbands died, and it was the practice of the wives of the Prophet (blessings and peace of Allah be upon him) too.

(MAJMOO AL-FATAAWA 34/27-28)

Narrated Um ‘Atiyya:

We were forbidden to mourn for more than three days for a dead person, except for a husband, for whom a wife should mourn for four months and ten days (while in the mourning period) we were not allowed to put kohl in our eyes, nor perfume our-selves, nor wear dyed clothes, except a garment of ‘Asb (special clothes made in Yemen). But it was permissible for us that when one of us became clean from her menses and took a bath, she could use a piece of a certain kind of incense. And it was forbidden for us to follow funeral processions.

SAHIH BUKHARI (Vol. 7, Book 63, Hadith 254)

Narrated Um Salama:

A woman was bereaved of her husband and her relatives worried about her eyes (which were diseased). They came to Allah’s Apostle, and asked him to allow them to treat her eyes with kohl, but he said, “She should not apply kohl to her eyes. (In the Pre-Islamic period of Ignorance) a widowed woman among you would stay in the worst of her clothes (or the worst part of her house) and when a year had elapsed, if a dog passed by her, she would throw a globe of dung, Nay, (she cannot use kohl) till four months and ten days have elapsed.”

SAHIH BUKHARI (Vol. 7, Book 63, Hadith 252)

Narrated Um Salama:

The husband of a lady died and her eyes became sore and the people mentioned her story to the Prophet They asked him whether it was permissible for her to use kohl as her eyes were exposed to danger. He said, “Previously, when one of you was bereaved by a husband she would stay in her dirty clothes in a bad unhealthy house (for one year), and when a dog passed by, she would throw a globe of dung. No, (she should observe the prescribed period Idda) for four months and ten days.

SAHIH BUKHARI (Vol. 7, Book 71, Hadith 607)

Umm ‘Atiyya (‘Allah be pleased with her) said:

We were forbidden to observe mourning for the dead beyond three days except in the case of husband (where it is permissible) for four months and ten days, and (that during this period) we should neither use collyrium nor touch perfume, nor wear dyed clothes, but concession was given to a woman when one of us was purified of our courses to make use of a little incense or scent.

SAHIH MUSLIM (Book 9, Hadith 3552)

It was narrated from Husain, Mughirah, and Ibn ‘Awn, from Ash-Sh’abi, from Al-Harith, from ‘Ali, that:The Messenger of Allah [SAW] cursed the one who consumes Riba, the one who pays it, the one who writes it down, and the one who withholds Sadaqah (Zakah). And he used to forbid wailing (in mourning for the dead). (Hasan)

SUNAN NASEEI (Vol. 6, Book 2, Hadith 5106)

It was narrated from Safiyyah bint Shaibah, from Umm Salamah, the wife of the Prophet, that the Prophet said:”The woman whose husband has died should not wear clothes that are dyed with safflower or red clay, and she should not use dye nor kohl.”

SUNAN NASEEI (Vol. 4, Book 27, Hadith 3565)

It was narrated from Umm ‘Atiyyah that the Prophet said:

It is not permissible for a woman who believes in Allah and the Last Day, to mourn for anyone who dies for more than three days, except for a husband; she should not use kohl, dye nor wear dyed clothes.”

SUNAN NASEEI (Vol. 4, Book 27, Hadith 3566)

It was narrated that Umm ‘Atiyyah said:

“The Messenger of Allah said: ‘No woman should mourn for anyone who dies for more than three days, except for a husband, for whom she should mourn for four months and ten days. She should not wear garments that are dyed or patterned, or put on kohl or comb her hair, and she should not put on any perfume except when purifying herself after her period, when she may use a little of Qust or Azfar.'”

SUNAN NASEEI (Vol. 4, Book 27, Hadith 3564)

Humaid bin Nafi narrated that :

Zainab said: “And I heard my mother, Umm Salamah said: ‘A woman came to the Messenger of Allah and she said: “O Messenger of Allah! My daughter’s husband died, and she is suffering from an eye ailment, so can she use Kohl?” the Messenger of Allah said: “No” two or three time. Each time (she asked) he said “no.” Then he said: “It is just a mater of four months and ten (days). During Jahliyyah one of you would throw a clump of camel dung when one year passed.” (Sahih)

SUNAN TIRMIDHI (Vol. 2, Book 8, Hadith 1197)

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7) PLACE FOR OBSERVING IDDAH :-

Furai’ah bint Malik, the sister of Abu Sa’eed Al-Khudri, said:

“My husband died in Al-Qadum, so I went to the Prophet and told him that our house was remote.” He gave her permission then he called her back and said: “Stay in your house for four months and ten days, until the term prescribed is fulfilled.”

SUNAN NASEEI (Vol. 4, Book 27, Hadith 3562)

It was narrated from Al-Furai’ah bint Malik that her husband hired some slaves to work for him and they killed him. She mentioned that to the Messenger of Allah and said:”I am not living in a house that belongs to him, and I do not receive maintenance from him; should I move to my family with my two orphans and stay with them?” He said: “Do that.” Then he said: “What did you say?” So she told him again and he said: “Observe your ‘Iddah where the news came to you.”

SUNAN NASEEI (Vol. 4, Book 27, Hadith 3559)

It was narrated from Al-Fari’ah bint Malik that her husband went out to pursue some slaves and they killed him. Shu’bah and Ibn Juraij said:”She was in a remote house. She came with her brothers to the Messenger of Allah and told him (about the situation) and he granted her a concession. When she was leaving he called her back and said: ‘Stay in your house until the term prescribed is fulfilled.'”

SUNAN NASEEI (Vol. 4, Book 27, Hadith 3558)

Zaynab, daughter of Ka’b ibn Ujrah narrated that Furay’ah daughter of Malik ibn Sinan, told her that she came to the Apostle of Allah () and asked him whether she could return to her people, Banu Khidrah, for her husband went out seeking his slaves who ran away. When they met him at al-Qudum, they murdered him.So I asked the Apostle of Allah ():”Should I return to my people, for he did not leave any dwelling house of his own and maintenance for me?She said: The Apostle of Allah () replied: Yes. She said: I came out, and when I was in the apartment or in the mosque, he called for me, or he commanded (someone to call me) and, therefore, I was called.He said: what did you say? So I repeated my story which I had already mentioned about my husband. Thereupon he said: Stay in your house till the term lapses. She said:So I passed my waiting period in it (her house) for four months and ten days. When Uthman ibn Affan became caliph, he sent for me and asked me about that; so I informed him, and he followed it and decided cases accordingly.

ABU DAWOOD (Book 12, Hadith 2293)

Zainab bint Ka’b bin Ujrah narrated that :

Al-Furay’ah bint Malik bin Sinan – the sister of the Abu Sa’eed Al-Khudri – informed her that she went to the Messenger of Allah to ask him if she could return to her family in Banu Khudrah. Her husband had gone out searching for his runaway slaves, and when he was in Turaf Al-Qadum he caught up with them and they killed him. She said: “So I asked the Messenger of Allah if I could return to my family since my husband had not left me a home that he owned nor any maintenance.” She said: “So the Messenger of Allah said: ‘Yes.’ Then I left. When I was in the courtyard,” or, “in the Masjid, the Messenger of Allah called me” or, “summoned for me to come back t him and he said: ‘What did you say?'” She said: “So I repeated the store that I had mentioned to him about the case of my husband. He said: ‘Stay in your house until what is written reaches its term.'” She said: “So I observed my Iddah there for four months and ten (days).” She said: “During the time of Uthman, he sent a message to me asking me about that, so I informed him. He followed it and judged accordingly.” (Sahih)

SUNAN TIRMIDHI (Vol. 2, Book 8, Hadith 1204)

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8) WHAT SHOULD BE DONE IN FOLLOWING SITUATIONS ? :-

RULING ON IF A WOMEN FEAR DESTRUCTION,DROWNING,A FLOOD,RENTED HOUSE OR AN ENEMY ETC IN THE PLACE OF IDDAH ?

IBN QUDAAMAH SAID :-

Among those who regarded it as obligatory for a woman whose husband has died to observe ‘iddah in her house were ‘Umar and ‘Uthmaan (may Allaah be pleased with them both). That was also narrated from Ibn ‘Umar, Ibn Mas’ood and Umm Salamah, and it was the view of Maalik, al-Thawri, al-Awzaa’i, Abu Haneefah, al-Shaafa’i and Ishaaq. Ibn ‘Abd al-Barr said: This was the view of the majority of fuqaha’ in the Hijaz, Syria and Iraq. Then he said: If the woman fears destruction, drowning or an enemy, etc, or if the landlord turns her out of the house because it is rented and the lease has ended, or he does not allow her to live there or he does not allow her to rent it, or he asks for more than the going rent, or she cannot find enough to pay the rent, then she may move, because then there is an excuse. If she cannot live where she is supposed to, the requirement is waived, and she may live wherever she wants. End quote

(AL-MUGHNI 8/127)

The scholars of the Standing Committee were asked about a woman whose husband died, and there was no one in their city who could take responsibility for her. Can she observe her ‘iddah in another city?

They replied:If the situation is as described, and there is no one in the city where her husband died who take responsibility for her affairs, and she cannot take care of her affairs herself, it is prescribed for her to move to another city where she will be safe, and she can find someone who can look after her affairs.

(FATWAA AL-LAJNAH AL-DAA’IMAH 20/463)

If your newly-widowed sister moves from the marital home to another house during the ‘iddah because of some essential need, such as if she fears for her life by staying there alone, then there is nothing wrong with that, and she may complete her ‘iddah in the house to which she moved.

(FATWAA AL-LAJNAH AL-DAA’IMAH 20/473)

A WOMEN GOING OUT FOR HER BASIC NECCESITIES WHILE OBSERVING IDDAH ?

IBN QUDAAMAH SAID :-

The woman who is observing ‘iddah may go out during the day to meet her needs, whether she has been divorced or her husband had died, because of the report narrated by Jaabir who said: My maternal aunt was divorced three times, and she went out to harvest her palm trees. She was met by a man who told her not to do that. She told the Prophet (peace and blessings of Allaah be upon him) about that and he said: “Go out and harvest your palm trees, for perhaps you will give some of it in charity or do some good.” Narrated by al-Nasaa’i and Abu Dawood. And Mujaahid narrated: Some men were martyred on the day of Uhud, and their wives came to the Prophet (peace and blessings of Allaah be upon him) and said: O Messenger of Allaah, we feel scared at night; can we stay together in the house of one of us, then in the morning we will go to our own houses? The Messenger of Allaah (peace and blessings of Allaah be upon him) said: “Stay and talk in the house of one of you, then when you want to go to sleep, let each one of you go to her own house.” She does not have the right to spend the night anywhere but in her own house, or to go out at night, except in cases of necessity, because the night is when bad things usually occur, unlike the day, which is the time when people usually meet their needs and go about their business, and buy what they need.

(AL-MUGHNI 8/130)

It says in The basic principle is that a woman should observe the mourning period in the house of her husband where she was when he died, and she should not go out except for matters of necessity, such as going to the hospital when she is ill, or to buy things that she needs from the marketplace, such as bread and the like, if she has no one who can do that. End quote.

(FATWAA AL-LAJNAH AL-DAA’IMAH 20/440)

A WOMEN OBSERVING IDDAH CAN GO OUT TO OFFER TARAWEEH PRAYERS ?

The woman who is observing ‘iddah following the death of her husband should not go out at night except in cases of necessity. Your going out to pray Taraweeh is not a necessity. Based on that, you should pray Taraweeh in your house.

It is permissible for the woman who is observing ‘iddah following the death of her husband to go out during the day to work, but when night comes she has to stay at home. So there is nothing wrong with your working in the grocery, so long as that is during the day only.

(SHEIKH MUHAMMAD AL-MUNAJJID)

A WOMEN OBSERVING IDDAH CAN GO OUT FOR OBLIGATORY HAJJ ?

Scholars (may Allaah have mercy on them) have stated that it is not permissible for her to go out to perform the obligatory Hajj.

IBN QUDAAMAH SAID :-

The woman who is observing ‘iddah following the death of her husband has no right to go out for Hajj or for any other purpose. That was narrated from ‘Umar and ‘Uthmaan (may Allaah be pleased with them). It was also the view of Sa’eed ibn al-Musayyib, al-Qaasim, Maalik, al-Shaafa’i, Abu ‘Ubayd, ashaab al-ra’y and al-Thawri. If she went out and her husband died on the road, she should go back if she is still close to home, because she comes under the ruling of one who is not travelling. If she is far from home, she may continue her journey. Maalik said: She should go back so long as she has not entered ihraam. The fact that she should go back if she is close to home is indicated by the report narrated by Sa’eed ibn Mansoor from Sa’eed ibn al-Musaayib, who said: Some husbands died, whose wives were performing Hajj or ‘Umrah, and ‘Umar sent them back from Dhu’l-Hulayfah so that they could observe ‘iddah in their houses… If a woman has not yet performed the obligatory Hajj and her husband dies, she is still obliged to observe ‘iddah in her house, even if she misses Hajj, because ‘iddah in the house is a one-off event for which there is no alternative, whereas Hajj may be done another year. End quote.

(AL-MUGHNI 11/303-305)

The majority of Hanafi, Shaafa’i and Hanbali fuqaha’ are of the view that it is not permissible for a woman who is observing ‘iddah following the death of her husband to go out for Hajj, because the opportunity for Hajj will come again, whereas ‘iddah is a one-off event. End quote.

(AL-MAWSOO’AH AL-FIQHIYYAH 29/352)

Shaykh Ibn Uthaymeen was asked about a woman whose husband died and the opportunity to perform the obligatory Hajj came when she was still in mourning, but she was able for it and could afford it, and she had a mahram. Should she perform Hajj or not?

He replied: She should not perform Hajj, rather she should stay in her house. In this situation Hajj is not obligatory for her, because Allaah, may He be exalted, says (interpretation of the meaning):
“And Hajj (pilgrimage to Makkah) to the House (Ka‘bah) is a duty that mankind owes to Allaah, those who can afford the expenses (for one’s conveyance, provision and residence)”

(SURAH AL IMRAN 3 VERSE 97)

This woman is not able to do it according to sharee’ah, even if she has a mahram, so she should delay it for one or two years, according to what she is able to do. End quote.

(MAJMOO FATAAWA IBN UTHAYMEEN 21/68)

Shaykh Ibn Taymiyah was asked about a woman who resolved to go for Hajj with her husband, but her husband died in Sha’baan – is it permissible for her to go for Hajj?

He replied: She cannot travel for Hajj during the ‘iddah following her husband’s death, according to the view of the four Imams.

(MAJMOO AL-FAATAAWA 34/29)

SOME FABRICATED THINGS RELATING TO IDDAH OF WOMEN ?

SHAYKH IBN BAAZ SAID :-

With regard to what some of the common people think and have fabricated, that a recently-widowed woman should not speak to anyone or speak on the telephone, or that she should take a bath no more than once a week, or that she should not walk barefoot in the house, or go outside in the moonlight, and other similar myths, there is no basis for these things. She may walk in her house barefoot or wearing shoes; she may do what she needs to in her house, cooking food for herself and her guests; she may walk in the moonlight in the courtyard and garden of her house; she may take a bath whenever she wants; she may speak to whomever she wants in a manner that is not suspicious; she may shake hands with other women and with her mahrams, but not with non-mahrams; she may take off her khimaar (head cover) if there are no non-mahrams present. But she should not use henna or saffron or perfume, either on her clothes or in coffee, because saffron is a kind of perfume. No one should propose marriage to her, but it is OK to hint, but clearly proposing marriage is not allowed. And Allaah is the Source of help.

(FATAWAA ISLAMIYYAH VOLUME 3 PAGE 315-316)

ALLAH SWT KNOWS BEST.

Posted on September 15, 2012, in WOMEN and tagged , , , , , , , , , . Bookmark the permalink. Leave a comment.

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