Hadith 4910

وَقَالَ :سُلَيْمَانُ بْنُ حَرْبٍ ، وَأَبُو النُّعْمَانِ ، حَدَّثَنَا حَمَّادُ بْنُ زَيْدٍ ، عَنْ أَيُّوبَ ، عَنْ مُحَمَّدٍ ، قَالَ : كُنْتُ فِي حَلْقَةٍ فِيهَا عَبْدُ الرَّحْمَنِ بْنُ أَبِي لَيْلَى ، وَكَانَ أَصْحَابُهُ يُعَظِّمُونَهُ ، فَذَكَرُوا لَهُ ، فَذَكَرَ آخِرَ الْأَجَلَيْنِ ، فَحَدَّثْتُ بِحَدِيثِ سُبَيْعَةَ بِنْتِ الْحَارِثِ ، عَنْ عَبْدِ اللَّهِ بْنِ عُتْبَةَ ، قَالَ : فَضَمَّزَ لِي بَعْضُ أَصْحَابِهِ ، قَالَ مُحَمَّدٌ : فَفَطِنْتُ لَهُ ، فَقُلْتُ : إِنِّي إِذًا لَجَرِيءٌ إِنْ كَذَبْتُ عَلَى عَبْدِ اللَّهِ بْنِ عُتْبَةَ وَهُوَ فِي نَاحِيَةِ الْكُوفَةِ فَاسْتَحْيَا ، وَقَالَ : لَكِنْ عَمُّهُ لَمْ يَقُلْ ذَاكَ ، فَلَقِيتُ أَبَا عَطِيَّةَ مَالِكَ بْنَ عَامِرٍ ، فَسَأَلْتُهُ ، فَذَهَبَ يُحَدِّثُنِي حَدِيثَ سُبَيْعَةَ ، فَقُلْتُ : هَلْ سَمِعْتَ عَنْ عَبْدِ اللَّهِ فِيهَا شَيْئًا ؟ فَقَالَ : كُنَّا عِنْدَ عَبْدِ اللَّهِ ، فَقَالَ : أَتَجْعَلُونَ عَلَيْهَا التَّغْلِيظَ وَلَا تَجْعَلُونَ عَلَيْهَا الرُّخْصَةَ لَنَزَلَتْ سُورَةُ النِّسَاءِ الْقُصْرَى بَعْدَ الطُّولَى وَأُولاتُ الأَحْمَالِ أَجَلُهُنَّ أَنْ يَضَعْنَ حَمْلَهُنَّ سورة الطلاق آية 4 .
And Sulaiman bin Harb and Al-Nu’man narrated that Hammad bin Zaid narrated to us, from Ayyub, and from him Muhammad bin Sirin narrated that:
I was present in a gathering in which Abdur Rahman bin Abi Laila was also present. His students used to respect him greatly. There, I narrated the statement of Sabi’ah bint Al-Harith from Abdullah bin Utbah bin Mas’ud, upon which one of his students warned me by biting his lip and making gestures with his tongue and eyes. Muhammad bin Sirin narrated that I understood and said that Abdullah bin Utbah is still alive in Kufa. If I attribute a lie to him, it would be a great boldness. The person who warned me became embarrassed at this, and Abdur Rahman bin Abi Laila said, “But his uncle did not say this.” (Ibn Sirin narrated that) Then I met Abu Atiyyah Malik bin Amir and asked him about this issue. He also began to narrate the hadith of Sabi’ah, but I asked him, “Have you also heard anything about this from Abdullah bin Mas’ud (may Allah be pleased with him)?” He narrated that we were present in the service of Abdullah bin Mas’ud (may Allah be pleased with him), so he said, “Do you want to be harsh on her (whose husband has died and she is pregnant, by prolonging the period of waiting) and are not ready to grant ease and concession? The fact is that the small Surah An-Nisa (i.e., Surah At-Talaq) was revealed after the big Surah An-Nisa, and he said «وأولات الأحمال أجلهن أن يضعن حملهن‏» the verse, and the waiting period for pregnant women is until they deliver their pregnancy.”
Hadith Reference صحيح البخاري / كتاب تفسير القرآن / 4910
Hadith Grading محدثین: أحاديث صحيح البخاريّ كلّها صحيحة
Explanation & Benefits
Maulana Dawood Raz
Hadith Commentary:
For a woman whose husband has passed away for a long period, what is meant is four months and ten days.

Regarding the waiting period (‘iddah) of a pregnant woman whose husband has died, the position of the majority (jumhur) is that the birth of the child itself marks the end of her waiting period (‘iddah), and after that she may contract another marriage, whether the duration is long or short.

This was also the position of Ibn Mas‘ud radi Allahu anhu. Therefore, the opinion of ‘Abdur Rahman ibn Abi Layla regarding him was not correct, as is evident from the narration of Malik ibn ‘Amir. Ibn ‘Abbas radi Allahu anhuma said that Ibn Mas‘ud radi Allahu anhu held the view of a long duration, but this opinion of his was not correct.

Abu Hurairah radi Allahu anhu referred to Abu Salamah radi Allahu anhu as his nephew according to common Arabic usage, even though there was no apparent kinship between them.
Source: Sahih Bukhari: Commentary by Maulana Dawood Raz, Page: 4910
Shaykh Abdul Sattar al-Hammad
Hadith Commentary:

By "long period" it is meant that if a woman's husband passes away and she is pregnant, then if the child is not born within four months and ten days, she must wait until delivery. And if the child is born before this period, then she must complete the four months and ten days.
Ibn Abbas (radi Allahu anhu) held the opinion of "the longer of the two terms" (ab‘ad al-ajalayn).
He used to say regarding Abdullah ibn Mas‘ud (radi Allahu anhu) that he supported his position, but this assumption was not correct, as Abu ‘Atiyyah Malik ibn ‘Amir has explicitly clarified.

In any case, the waiting period (‘iddah) of a pregnant woman whose husband passes away is until delivery (wada‘ al-haml).
After that, she is permitted to contract a second marriage.
This is the position of the majority of the scholars (jumhur ahl al-‘ilm).
Whether the delivery is delayed or occurs soon, she must wait until the child is born.
Further details of this issue will be presented in the Book of Divorce (Kitab al-Talaq), insha’Allah ta‘ala.
Source: Hidayat al-Qari: Commentary on Sahih Bukhari, Urdu, Page: 4910