Muwatta Imam Malik (Riwayat Ibn al-Qasim)

It is narrated from Umm al-Mu'minin Sayyidah Hafsah (may Allah be pleased with her) and Umm al-Mu'minin Sayyidah Aishah (may Allah be pleased with her) that the Messenger of Allah (peace and blessings be upon him) said: "It is not lawful for a woman who believes in Allah and the Last Day to mourn for anyone who dies for more than three nights, except for her husband."

It is narrated from Sayyidah Fari’ah bint Malik bin Sinan (may Allah be pleased with her), the sister of Sayyiduna Abu Sa’id Khudri (may Allah be pleased with him), that she came to the Messenger of Allah (peace and blessings be upon him) to ask whether she could go to her family among Banu Khudrah, because her husband had gone out in search of his runaway slaves, and when he reached the place of Qudum, those slaves killed him. Fari’ah (may Allah be pleased with her) asked the Messenger of Allah (peace and blessings be upon him): Can I go to my family among Banu Khudrah, because my husband has not left for me any house in his property nor any means of maintenance? The Messenger of Allah (peace and blessings be upon him) said: “Yes.” Then, when I left and reached the chamber or the mosque, he (peace and blessings be upon him) sent for me or ordered someone to call me, then said: How did you say it? I narrated the whole story about my husband to him (peace and blessings be upon him), so he said: “Stay in your house until your waiting period (‘iddah) is completed.” So I spent my ‘iddah there for four months and ten days. Then, when Sayyiduna ‘Uthman bin ‘Affan (may Allah be pleased with him) called me and asked about this matter, I informed him, and he gave a ruling accordingly.

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 Humaid bin Nafi’ (may Allah have mercy on him) that Sayyida Zainab bint Abi Salama (may Allah be pleased with her) told him three hadiths: Zainab said: When the father of the wife of the Prophet (peace be upon him), Umm Habiba (may Allah be pleased with her), Abu Sufyan bin Harb (may Allah be pleased with him), passed away, I went to her. Then Umm Habiba (may Allah be pleased with her) asked for yellow perfume in which there was saffron or something else mixed, and she applied that perfume (with oil) to her slave-girl, then (with the remaining part) she rubbed it on her cheeks and said: By Allah! I have no need for perfume except that I heard the Messenger of Allah (peace be upon him) say: It is not lawful for a woman who believes in Allah and the Last Day to mourn for any deceased person for more than three nights, except for her husband, for whom she should mourn for four months and ten days. Zainab (bint Abi Salama) said: Then I went to Zainab bint Jahsh (may Allah be pleased with her), whose brother had died. Then she asked for perfume and applied it, and said: By Allah! I have no need for perfume except that I heard the Messenger of Allah (peace be upon him) say from the pulpit: It is not lawful for a woman who believes in Allah and the Last Day to mourn for any deceased person for more than three nights, except for her husband, for whom she should mourn for four months and ten days. Zainab (bint Abi Salama) said: I heard my mother Umm Salama, the wife of the Prophet (peace be upon him), say that a woman came to the Messenger of Allah (peace be upon him) and said: O Messenger of Allah! My daughter’s husband has died and she has pain in her eyes, so can she apply kohl? The Messenger of Allah (peace be upon him) said two or three times: “No.” Then the Messenger of Allah (peace be upon him) said: “It is only four months and ten days. In the time of ignorance, among you women, a woman whose husband died would throw dung after a year had passed.” Humaid bin Nafi’ said: I asked Zainab (bint Umm Salama): What does it mean to throw dung after a year had passed? Zainab said: When a woman’s husband died, she would enter a dirty room and wear dirty clothes. She would not apply perfume nor use anything else (for cleanliness). Then, when a year had passed, an animal—donkey, goat, or bird—would be brought, and she would touch it to her body. Whichever animal she touched to her body would (usually) die. Then she would come out (of the room), and she would be given (camel) dung (or manure), and she would throw it away. After that, she would apply perfume and so on. Imam Malik said: «تفتض» means «تمسح» (she touched it), and «حفش» refers to a (small closed room) fort. The hadiths narrated by Abdullah bin Abi Bakr are completed.