Muwatta Imam Malik (Riwayat Ibn al-Qasim)

It is narrated from Abu Salamah bin Abdur Rahman (may Allah have mercy on him) that he asked Abdullah bin Abbas and Abu Hurairah (may Allah be pleased with them) about a pregnant woman whose husband passes away. Ibn Abbas (may Allah be pleased with them both) said: She should observe whichever of the two waiting periods (delivery of the child or four months and ten days) ends later. And Abu Hurairah (may Allah be pleased with him) said: When she gives birth to the child, she becomes lawful (for remarriage). Then Abu Salamah bin Abdur Rahman (may Allah have mercy on him) went to Umm Salamah (may Allah be pleased with her), the wife of the Prophet (peace be upon him), and asked her about this matter. She said: Sabi’ah al-Aslamiyyah (may Allah be pleased with her) gave birth to a child fifteen days after her husband’s death. Two men sent her marriage proposals—one was young and the other was old. She inclined towards the young man. The old man said: Her waiting period has not ended. Sabi’ah’s family was absent at that time, and the old man hoped that when her family arrived, they would prefer him over the young man. Then Sabi’ah (may Allah be pleased with her) came to the Messenger of Allah (peace be upon him), and the Messenger of Allah (peace be upon him) said: “Your waiting period has ended, so you may marry whomever you wish.”

It is narrated from Sayyiduna Miswar bin Makhramah (may Allah be pleased with him) that Sayyidah Subai’ah al-Aslamiyyah (may Allah be pleased with her) gave birth to a child a few days after the death of her husband. She came to the Messenger of Allah (peace and blessings be upon him) to seek permission for remarriage, so the Messenger of Allah (peace and blessings be upon him) granted her permission, and thus she got married.

It is narrated from Sulayman bin Yasar (may Allah have mercy on him) that there was a difference of opinion between Sayyiduna Abdullah bin Abbas (may Allah be pleased with them both) and Abu Salamah bin Abdur Rahman (may Allah have mercy on him) regarding a woman who gave birth to a child a few days after her husband's death. Sayyiduna Ibn Abbas (may Allah be pleased with them both) said: She will observe whichever of the two waiting periods ends later, that is, she will complete the waiting period of four months and ten days. Abu Salamah said: Since she has given birth to her child, her waiting period has ended. Then Sayyiduna Abu Hurairah (may Allah be pleased with him) arrived and said: I am with my nephew, that is, Abu Salamah. Then they sent Sayyiduna Ibn Abbas's freed slave, Kuraib (may Allah have mercy on him), to the wife of the Prophet (peace and blessings be upon him), Sayyidah Umm Salamah (may Allah be pleased with her), to ask about this issue. Then Kuraib came and informed them that Sayyidah Umm Salamah (may Allah be pleased with her) said: Sayyidah Subai’ah al-Aslamiyyah (may Allah be pleased with her) gave birth to a child a few days after her husband's death, and she mentioned this to the Messenger of Allah (peace and blessings be upon him). He (peace and blessings be upon him) said: "Your waiting period has ended, so you may marry whomever you wish."