Musannaf Ibn Abi Shaybah 17975 — A woman whose husband dies

Abu Salamah (may Allah have mercy on him) said: "I, Sayyiduna Ibn Abbas (may Allah be pleased with them both) and Sayyiduna Abu Hurayrah (may Allah be pleased with him) were in a gathering. We discussed: if a woman's husband dies and she gives birth a short time after his death, what is the ruling on her waiting period? I said: 'Her waiting period is complete.' Sayyiduna Abdullah bin Abbas (may Allah be pleased with them both) said: 'Whichever is longer of giving birth and four months and ten days will be her waiting period.' Sayyiduna Abu Hurayrah (may Allah be pleased with him) said: 'I am with my nephew, Abu Salamah.' Then they sent Kurayb, the freed slave of Sayyiduna Ibn Abbas (may Allah be pleased with them both), to Sayyidah Umm Salamah (may Allah be pleased with her). Sayyidah Umm Salamah (may Allah be pleased with her), deciding the matter, said: 'Subay'ah al-Aslamiyyah (may Allah be pleased with her) gave birth forty days after the death of her husband. After the birth, a man of Banu Abd al-Dar whose kunyah was Abu al-Sanabil proposed marriage to Subay'ah al-Aslamiyyah and told her that her waiting period was complete. Subay'ah then intended to marry someone else, so Abu al-Sanabil said: "Your waiting period is not complete." Subay'ah mentioned this to the Prophet (peace and blessings be upon him), and he gave her permission to marry.'"