Bukhari

Hadith Commentary: The general statement of the commentators is that the verse regarding the period of one year has been abrogated, and the verse of four months and ten days is its abrogator. Initially, the ruling was for a waiting period (‘iddah) of one year, then Allah reduced it to four months and ten days and revealed the second verse.

If a woman wishes to remain in her husband's home for seven months and twenty days or until the completion of one year, the husband's family cannot expel her. This is the meaning of "not to expel" (ghayr ikhraaj).

This is the specific view of Mujahid (rahimahullah). He considered that the ruling of the one-year waiting period was revealed later, and the four months and ten days was revealed earlier, and it is not possible for the abrogator (nasikh) to be revealed before the abrogated (mansukh). Therefore, he reconciled the two verses in this manner.

All other commentators, however, state that the verse of the one-year waiting period is abrogated, and the verse of four months and ten days is its abrogator. Initially, the ruling was for a waiting period of one year, then Allah reduced it to four months and ten days and revealed the second verse, i.e., the verse "arba‘atu ashhur wa ‘ashra" (four months and ten days).

Now, whether the woman stays in her husband's home or in her parental home, it is permissible. Similarly, there is no need for a woman divorced with three pronouncements (talaq mughallazah) to remain in her husband's house.

It is obligatory for a woman to complete her waiting period in her husband's house only when the divorce is revocable (talaq raj‘i), because there remains hope for the husband's return (ruju‘).

Hadith Commentary:
(1)
The position of Imam Mujahid rahimahullah is that the command for observing a waiting period (‘iddah) of four months and ten days was revealed first, requiring the woman to spend this ‘iddah with her husband’s family, and doing so was obligatory. Then another verse was revealed, in which the command was to observe a waiting period of one year. Now, to complete the year, she would spend seven months and twenty days in her husband’s house according to the bequest, and if she wished, she could complete the remainder at her parental home.

According to him, the abrogating (nasikh) cannot be revealed before the abrogated (mansukh), so he has presented this way of reconciling the two. However, the general view of the commentators is that the verse containing the one-year waiting period has been abrogated, and the verse of four months and ten days is its abrogator.

Ibn Battal has said that no commentator has interpreted the mentioned verses in this way, nor has any jurist said this; rather, all jurists agree that the verse of the year has been abrogated.

And residence is also subject to the waiting period (‘iddah).

When the one-year waiting period was abrogated by the four months and ten days, then the husband’s responsibility regarding residence was also abrogated.

(Fath al-Bari: 9/611) (2)
According to our preferred view, when a woman’s husband passes away, it is obligatory for her to observe a waiting period of four months and ten days, and she should observe this ‘iddah in the same house where she resided with her husband, or where she received the news of her husband’s death. As in the case of Fari’ah bint Malik radi Allahu anha, whose husband passed away, she came to the service of the Messenger of Allah sallallahu alayhi wa sallam and inquired about returning to her parental home, saying that her husband had not left any house in his ownership.

He said:

“You may go to your parental home.” She had not yet left the chamber when the Messenger of Allah sallallahu alayhi wa sallam called her and said:

“Stay in your former house until your waiting period is complete.”

Thus, she completed her ‘iddah of four months and ten days in that same previous house.

(Sunan Abi Dawud, al-Talaq, Hadith: 2300)

In another narration, the Messenger of Allah sallallahu alayhi wa sallam said:

“Stay in the house where you received the news of your husband’s death until your waiting period is complete.”

(Musnad Ahmad: 6/370) (3)
Some scholars, based on the wording of the hadith, obligate the woman to spend her waiting period in the place where she received the news of her husband’s death, even if she was staying as a guest in someone else’s house. Such undue restriction is contrary to the intent of the Shari‘ah.

In any case, the woman must spend the days of her waiting period in her husband’s house, but the following situations are exceptions to this rule:

٭ The husband and wife were living in a rented house.

After the husband’s death, the sources of income became limited, or the landlord gave notice to vacate the house, or relatives in their own house caused so much distress that it became difficult to complete the waiting period there—then she may observe her ‘iddah in another house.

٭ The husband and wife were in another country.

The wife came to her own country to visit her parents, and her husband died in the other country.

Now, due to visa issues, she may observe her ‘iddah at her parents’ home in her own country.

٭ The woman, being a nomad, had set up camp at a certain place, and in that state her husband died. It is not necessary for her to spend four months and ten days at that same place; rather, wherever the caravan stops, she will continue to observe her waiting period with them.

And Allah knows best.