سنن ابي داود
Abu Dawud
كتاب تفريع أبواب الطلاقDivorce (Kitab Al-Talaq)
باب مَنْ رَأَى التَّحَوُّلَChapter: Those Who Allowed Her To Change Her Residence.
Hadith 2301
اُردوEn
حَدَّثَنَا أَحْمَدُ بْنُ مُحَمَّدٍ الْمَرْوَزِيُّ ، حَدَّثَنَا مُوسَى بْنُ مَسْعُودٍ ، حَدَّثَنَا شِبْلٌ ، عَنْ ابْنِ أَبِي نَجِيحٍ ، قَالَ : قَالَ عَطَاءٌ : قَالَ ابْنُ عَبَّاسٍ : "نَسَخَتْ هَذِهِ الْآيَةُ : عِدَّتَهَا عِنْدَ أَهْلِهَا فَتَعْتَدُّ حَيْثُ شَاءَتْ ، وَهُوَ قَوْلُ اللَّهِ تَعَالَى : غَيْرَ إِخْرَاجٍ سورة البقرة آية 240 " . قَالَ عَطَاءٌ : " إِنْ شَاءَتِ اعْتَدَّتْ عِنْدَ أَهْلِهِ وَسَكَنَتْ فِي وَصِيَّتِهَا ، وَإِنْ شَاءَتْ خَرَجَتْ ، لِقَوْلِ اللَّهِ تَعَالَى : فَإِنْ خَرَجْنَ فَلا جُنَاحَ عَلَيْكُمْ فِي مَا فَعَلْنَ سورة البقرة آية 240 " ، قَالَ عَطَاءٌ : " ثُمَّ جَاءَ الْمِيرَاثُ فَنَسَخَ السُّكْنَى تَعْتَدُّ حَيْثُ شَاءَتْ " .
Ibn Abbas said “The following verse abrogated the rule of passing her waiting period with her people. A year’s maintenance and residence. She may pass her waiting period now anywhere she wishes. Ata said “If she wishes she can pass her waiting period with the people of her husband and live in the house left by her husband by will. Or she may shift if she wishes according to the pronouncement of Allah the Exalted. But if they leave (the residence) there is no blame on you for what they do. Ata’ said “Then the verses regarding inheritance were revealed. The commandment for living in a house (for one year) was repealed. She may pass her waiting period wherever she wishes.
Explanation & Benefits
Shaykh Umar Farooq Saeedi
Benefits and Issues:
The issue of the waiting period (‘iddah) for a woman upon the death of her husband is mentioned in two verses of Surah al-Baqarah. The first is in verse 234: (وَالَّذِينَ يُتَوَفَّوْنَ مِنْكُمْ وَيَذَرُونَ أَزْوَاجًا يَتَرَبَّصْنَ بِأَنْفُسِهِنَّ أَرْبَعَةَ أَشْهُرٍ وَعَشْرًا) “And those among you who die and leave behind wives, they (the wives) shall keep themselves in waiting for four months and ten days.”
And after this, in verse 240: (وَالَّذِينَ يُتَوَفَّوْنَ مِنْكُمْ وَيَذَرُونَ أَزْوَاجًا وَصِيَّةً لِأَزْوَاجِهِمْ مَتَاعًا إِلَى الْحَوْلِ غَيْرَ إِخْرَاجٍ فَإِنْ خَرَجْنَ فَلَا جُنَاحَ عَلَيْكُمْ فِي مَا فَعَلْنَ فِي أَنْفُسِهِنَّ مِنْ مَعْرُوفٍ) “And those among you who die and leave behind wives, there should be a bequest for their wives: provision for a year without being turned out. But if they leave (of their own accord), then there is no blame upon you for what they do with themselves in a lawful manner.” There is a difference of opinion among the companions of Ibn Abbas radi Allahu anhu regarding the interpretation of these two verses.
The majority say that the command for provision and residence for a year was the earlier ruling.
Then it was abrogated and replaced with four months and ten days.
But Mujahid and Ata’ narrate from Ibn Abbas that the ruling of the waiting period of four months and ten days was there from the beginning.
Then it was abrogated and extended to a year.
Now, it is not obligatory for the woman to spend her waiting period among the husband’s family, as is understood from (fa-in kharajna). Likewise, the restriction upon the husband’s heirs to provide maintenance and residence for a year is also abrogated with the revelation of the laws of inheritance.
Imam Abu Dawud rahimahullah has mentioned this chapter and stated the position of these scholars, but this position is not preferred in light of the previous hadith of Fari’ah bint Malik, except if it is understood that the waiting period of four months and ten days and residing among the husband’s family during these days is obligatory.
Afterwards, in the remaining seven months and twenty days, the woman is permitted to move. The following hadith should be read in light of this detail.
The issue of the waiting period (‘iddah) for a woman upon the death of her husband is mentioned in two verses of Surah al-Baqarah. The first is in verse 234: (وَالَّذِينَ يُتَوَفَّوْنَ مِنْكُمْ وَيَذَرُونَ أَزْوَاجًا يَتَرَبَّصْنَ بِأَنْفُسِهِنَّ أَرْبَعَةَ أَشْهُرٍ وَعَشْرًا) “And those among you who die and leave behind wives, they (the wives) shall keep themselves in waiting for four months and ten days.”
And after this, in verse 240: (وَالَّذِينَ يُتَوَفَّوْنَ مِنْكُمْ وَيَذَرُونَ أَزْوَاجًا وَصِيَّةً لِأَزْوَاجِهِمْ مَتَاعًا إِلَى الْحَوْلِ غَيْرَ إِخْرَاجٍ فَإِنْ خَرَجْنَ فَلَا جُنَاحَ عَلَيْكُمْ فِي مَا فَعَلْنَ فِي أَنْفُسِهِنَّ مِنْ مَعْرُوفٍ) “And those among you who die and leave behind wives, there should be a bequest for their wives: provision for a year without being turned out. But if they leave (of their own accord), then there is no blame upon you for what they do with themselves in a lawful manner.” There is a difference of opinion among the companions of Ibn Abbas radi Allahu anhu regarding the interpretation of these two verses.
The majority say that the command for provision and residence for a year was the earlier ruling.
Then it was abrogated and replaced with four months and ten days.
But Mujahid and Ata’ narrate from Ibn Abbas that the ruling of the waiting period of four months and ten days was there from the beginning.
Then it was abrogated and extended to a year.
Now, it is not obligatory for the woman to spend her waiting period among the husband’s family, as is understood from (fa-in kharajna). Likewise, the restriction upon the husband’s heirs to provide maintenance and residence for a year is also abrogated with the revelation of the laws of inheritance.
Imam Abu Dawud rahimahullah has mentioned this chapter and stated the position of these scholars, but this position is not preferred in light of the previous hadith of Fari’ah bint Malik, except if it is understood that the waiting period of four months and ten days and residing among the husband’s family during these days is obligatory.
Afterwards, in the remaining seven months and twenty days, the woman is permitted to move. The following hadith should be read in light of this detail.
Source: Sunan Abu Dawood – Commentary by Shaykh Umar Farooq Saeedi, Page: 2301
