سنن ابن ماجه

Ibn Majah

 كتاب الطلاق

The Chapters on Divorce

 بَابُ : أَيْنَ تَعْتَدُّ الْمُتَوَفَّى عَنْهَا زَوْجُهَا

Chapter: Where should the woman whose husband died observe her waiting period?

Hadith 2031

اُردوEn
حَدَّثَنَا أَبُو بَكْرِ بْنُ أَبِي شَيْبَةَ ، حَدَّثَنَا أَبُو خَالِدٍ الْأَحْمَرُ سُلَيْمَانُ بْنُ حَيَّانَ ، عَنْ سَعْدِ بْنِ إِسْحَاق بْنِ كَعْبِ بْنِ عُجْرَةَ ، عَنْ زَيْنَبَ بِنْتِ كَعْبِ بْنِ عُجْرَةَ ، وَكَانَتْ تَحْتَ أَبِي سَعِيدٍ الْخُدْرِيِّ أَنَّ أُخْتَهُ الْفُرَيْعَةَ بِنْتَ مَالِكٍ ، قَالَتْ : خَرَجَ زَوْجِي فِي طَلَبِ أَعْلَاجٍ لَهُ ، فَأَدْرَكَهُمْ بِطَرَفِ الْقَدُومِ فَقَتَلُوهُ ، فَجَاءَ نَعْيُ زَوْجِي وَأَنَا فِي دَارٍ مِنْ دُورِ الْأَنْصَارِ شَاسِعَةٍ ، عَنْ دَارِ أَهْلِي ، فَأَتَيْتُ النَّبِيَّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ ، فَقُلْتُ : يَا رَسُولَ اللَّهِ ، جَاءَ نَعْيُ زَوْجِي ، وَأَنَا فِي دَارٍ شَاسِعَةٍ عَنْ دَارِ أَهْلِي وَدَارِ إِخْوَتِي وَلَمْ يَدَعْ مَالًا يُنْفِقُ عَلَيَّ ، وَلَا مَالًا وَرِثْتُهُ وَلَا دَارًا يَمْلِكُهَا ، فَإِنْ رَأَيْتَ أَنْ تَأْذَنَ لِي ، فَأَلْحَقَ بِدَارِ أَهْلِي وَدَارِ إِخْوَتِي ، فَإِنَّهُ أَحَبُّ إِلَيَّ وَأَجْمَعُ لِي فِي بَعْضِ أَمْرِي ، قَالَ : " فَافْعَلِي إِنْ شِئْتِ " ، قَالَتْ : فَخَرَجْتُ قَرِيرَةً عَيْنِي ، لِمَا قَضَى اللَّهُ لِي عَلَى لِسَانِ رَسُولِ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ حَتَّى إِذَا كُنْتُ فِي الْمَسْجِدِ ، أَوْ فِي بَعْضِ الْحُجْرَةِ دَعَانِي ، فَقَالَ : " كَيْفَ زَعَمْتِ ؟ " ، قَالَتْ : فَقَصَصْتُ عَلَيْهِ ، فَقَالَ : " امْكُثِي فِي بَيْتِكِ الَّذِي جَاءَ فِيهِ نَعْيُ زَوْجِكِ ، حَتَّى يَبْلُغَ الْكِتَابُ أَجَلَهُ " ، قَالَتْ : فَاعْتَدَدْتُ فِيهِ أَرْبَعَةَ أَشْهُرٍ وَعَشْرًا .
´It was narrated from Zainab bint Ka'b bin 'Ujrah, who was married to Abu Sa'eed Al-Khudri,:` that his sister Furai'ah bint Malik said: "My husband went out to pursue some slaves of his. He caught up with them at the edge of Qadumttl and they killed him. News of his death reached me when I was in one of the houses of the Ansar, far away from the house of my family and my brothers. I went to the Prophet (ﷺ) and said: 'O Messenger of Allah (ﷺ), there has come to me news of my husband's death and I am in a house far away from the house of my people and the house of my brothers. He did not leave any money that could be spent on me, or any inheritance, or any house I may take possession of. If you think that you could give me permission to join my family and my brothers, then that is what I prefer and is better for me in some ways.' He said: 'Do that if you wish.' Then I went out, feeling happy with the ruling of Allah given upon the lips of the Messenger of Allah (ﷺ), until, when I was in the mosque, or, in one of the apartments, he called me and said: 'What did you say?' I told him the story, and he said: 'Stay in the house in which the news of your husband's death came to you, until your waiting period is ever."' She said: "So I observed the waiting period there for four months and ten (days)."
Hadith Reference سنن ابن ماجه / كتاب الطلاق / 2031
Hadith Grading الألبانی: صحيح  |  زبیر علی زئی: صحيح
Hadith Takhrij « سنن ابی داود/الطلاق 44 ( 2300 ) ، سنن الترمذی/الطلاق 23 ( 1204 ) ، سنن النسائی/الطلاق60 ( 3558 ) ، ( تحفة الأشراف : 18045 ) ، وقد أخرجہ : موطا امام مالک/الطلاق 31 ( 87 ) ، مسند احمد ( 6/370 ، 421 ) ( صحیح ) »
Related hadith on this topic
Tirmidhi: 1204 Abu Dawud: 2300 Nasai: 3558 Nasai: 3559 Nasai: 3560 Nasai: 3562 Bulugh al-Maram: 952
Explanation & Benefits
Maulana Ataullah Sajid
Benefits and Issues:
(1)
A woman should observe her waiting period (‘iddah) in the same residence where she was living with her husband.

(2)
Upon the husband's death, the waiting period (‘iddah) is four months and ten days. And if the woman is pregnant, then her waiting period (‘iddah) is until childbirth, even if the birth occurs just a few moments after the husband's death.
Source: Commentary on Sunan Ibn Mājah by Mawlānā ‘Atā’ullāh Sājid, Page: 2031
Abu Dawud — Hadith 2300
Zaynab, daughter of Kab ibn Ujrah narrated that Furay'ah daughter of Malik ibn Sinan, told her that she came to the Messenger of Allah ﷺ 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 Messenger of Allah ﷺ: "Should I return to my people, for he did not leave any dwelling house of his own and maintenance for me? She said: The Messenger of Allah ﷺ 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.
Shaykh Umar Farooq Saeedi
Benefits and Issues:
It is obligatory for a woman to spend her waiting period (‘iddah) in the very house where her husband passed away, except in the case of an extreme necessity that prevents her from doing so, for example, if it is not possible for her to stay in that house.
Source: Sunan Abu Dawood – Commentary by Shaykh Umar Farooq Saeedi, Page: 2300
Nasai — Hadith 3558
´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.'"
Hafiz Muhammad Ameen
(1) It is understood from this that during the waiting period (‘iddah) of widowhood, it is obligatory for a woman to remain in her husband’s house. This is the position of the majority of the scholars. However, it is narrated from Ali, Ibn Abbas, Aisha, and Jabir (radi Allahu anhum) that she may observe her ‘iddah wherever she wishes, but this authentic hadith explicitly indicates obligation. In case of severe necessity, she may leave the house, but after completing her task, she must return home immediately. She should not spend the night outside. And Allah knows best.

(2) “A distant house” refers to one that is far from the populated area or from the woman’s relatives.
Source: Sunan Nasa'i: Translation and Benefits by Shaykh Hafiz Muhammad Amin Hafizullah, Page: 3558
Nasai — Hadith 3559
´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."
Hafiz Muhammad Ameen
"Fari‘ah": In the previous narration, her name was mentioned as "Fari‘ah." There is no difference; "Fari‘ah" is the diminutive form of "Fari‘ah." She was addressed by both names. Radi Allahu anha wa ardaaha.
Source: Sunan Nasa'i: Translation and Benefits by Shaykh Hafiz Muhammad Amin Hafizullah, Page: 3559
Nasai — Hadith 3560
´It was narrated from Furai'ah that her husband went out to pursue some slaves of his and he was killed on the edge of Al-Qadum. She said:` "I came to the Prophet and mentioned moving to (join) my family." She told him about her situation. She said: "He allowed me, then, when I turned to leave, he called me back and said: 'Stay with your family until the term prescribed is fulfilled.'"
Hafiz Muhammad Ameen
Urdu footnote:
"Remain in your same house"—even if that house was not owned by the husband, as long as she is not being expelled from it. However, if she is expelled from the house, or the house collapses, or there is danger, then the woman may relocate. And Allah knows best.
Source: Sunan Nasa'i: Translation and Benefits by Shaykh Hafiz Muhammad Amin Hafizullah, Page: 3560
Nasai — Hadith 3562
´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."
Hafiz Muhammad Ameen
There are no words in this hadith that indicate the chapter heading. The correct view is that the waiting period (‘iddah) for death begins from the time of death, not from the time the news is received. Both rationally and textually, this is the correct position. In the Qur’an and hadith, the mention is of death, not of receiving the news. This is the position of Ibn ‘Umar, Ibn Mas‘ud, Ibn ‘Abbas (radi Allahu anhum), and a group of the Tabi‘in. Among the Imams, Imam Malik, Imam Shafi‘i, Imam Ahmad, Imam Ishaq (rahimahumullah), and the scholars of opinion (ashab al-ra’y) and others also hold this view. The second position is narrated from ‘Ali (radi Allahu anhu), and likewise from Hasan al-Basri, Qatadah, and ‘Ata’ al-Khurasani and others, but this is not correct.
Source: Sunan Nasa'i: Translation and Benefits by Shaykh Hafiz Muhammad Amin Hafizullah, Page: 3562
Bulugh al-Maram — Hadith 952
Narrated Furai'ah, daughter of Malik: Her husband had gone out in search of some slaves of his and they killed him. She said, "I asked Allah's Messenger (ﷺ) to be allowed to return to my family, for my husband had not left for me a house which belonged to him, nor had he left me maintenance." He then said, "Yes, (I agree)," but when I was in the courtyard, he called me and said, "Stay in your house till the prescribed period expires." She said, "I observed the period in it for four months and ten days." She said, "Afterwards 'Uthman gave judgements in accordance with that." [Ahmad an al-Arba'a reported it. at-Tirmidhi, adh-Dhuhli, Ibn Hibban, al-Hakim and others graded it Sahih (authentic)].
Shaykh Safi ur-Rahman Mubarakpuri
Takhrij:
«أخرجه أبوداود، الطلاق، باب في المتوفي عنها تنتقل، حديث:2300، والترمذي، الطلاق واللعان، حديث:1204، والنسائي، الطلاق، حديث:3559، وابن ماجه، الطلاق، حديث:2031، وأحمد:6 /370، وابن حبان (الإحسان): 6 /248، حديث:4279، والحاكم:2 /208.»©Explanation:
This hadith is evidence that a woman whose husband passes away must complete her waiting period (‘iddah) in the same house where she resided with her husband, and where she received the news of her husband's death. She is not permitted to move to another house.
This is the position of the majority of the scholars who have investigated the matter.
There is also another opinion that it is permissible for her to move to another place.
© Hadith Narrator:
«حضرت فُرَیعہ بنت مالک بن سنان خُدْریہ رضی اللہ عنہا » was the sister of the renowned Companion of the Messenger, Abu Sa‘id al-Khudri radi Allahu anhu.
She was present at the Pledge of Ridwan (Bay‘at al-Ridwan).
Source: Bulugh al-Maram: Commentary by Safiur Rahman Mubarakpuri, Page: 952
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