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سنن دارمي
Darimi
من كتاب الطلاقFrom the Book of Divorce
باب في عِدَّةِ الْحَامِلِ الْمُتَوَفَّى عَنْهَا زَوْجُهَا وَالْمُطَلَّقَةِ:Chapter: Waiting Period for Pregnant Widows and Divorcees
Hadith 2316
اُردوEn
أَخْبَرَنَا يَزِيدُ بْنُ هَارُونَ، أَخْبَرَنَا يَحْيَى بْنُ سَعِيدٍ، أَنَّ سُلَيْمَانَ بْنَ يَسَارٍ أَخْبَرَهُ، أَنَّ أَبَا سَلَمَةَ بْنَ عَبْدِ الرَّحْمَنِ أَخْبَرَهُ: أَنَّهُ اجْتَمَعَ هُوَ وَابْنُ عَبَّاسٍ عِنْدَ أَبِي هُرَيْرَةَ فَذَكَرُوا الرَّجُلَ يُتَوَفَّى عَنِ الْمَرْأَةِ فَتَلِدُ بَعْدَهُ بِلَيَالٍ قَلَائِلَ، فَقَالَ ابْنُ عَبَّاسٍ: حِلُّهَا آخِرُ الْأَجَلَيْنِ . وَقَالَ أَبُو سَلَمَةَ: إِذَا وَضَعَتْ، فَقَدْ حَلَّتْ، فَتَرَاجَعَا فِي ذَلِكَ بَيْنَهُمَا، فَقَالَ أَبُو هُرَيْرَةَ: أَنَا مَعَ ابْنِ أَخِي يَعْنِي أَبَا سَلَمَةَ، فَبَعَثُوا كُرَيْبًا مَوْلَى ابْنِ عَبَّاسٍ إِلَى أُمِّ سَلَمَةَ فَسَأَلَهَا، فَذَكَرَتْ أُمُّ سَلَمَةَ،"أَنَّ سُبَيْعَةَ بِنْتَ الْحَارِثِ الْأَسْلَمِيَّةَ مَاتَ عَنْهَا زَوْجُهَا، فَنَفِسَتْ بَعْدَهُ بِلَيَالٍ وَأَنَّ رَجُلًا مِنْ بَنِي عَبْدِ الدَّارِ يُكْنَى أَبَا السَّنَابِلِ خَطَبَهَا، وَأَخْبَرَهَا أَنَّهَا قَدْ حَلَّتْ فَأَرَادَتْ أَنْ تَتَزَوَّجَ غَيْرَهُ، فَقَالَ لَهَا أَبُو السَّنَابِلِ: فَإِنَّكِ لَمْ تَحِلِّينَ، فَذَكَرَتْ سُبَيْعَةُ ذَلِكَ لِرَسُولِ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ فَأَمَرَهَا أَنْ تَتَزَوَّجَ".
Abu Salamah bin Abdur Rahman reported that he and Sayyiduna Ibn Abbas (may Allah be pleased with them both) gathered with Sayyiduna Abu Hurairah (may Allah be pleased with him), and the discussion was about a (pregnant) woman whose husband had passed away and she gave birth after only a few days. Sayyiduna Ibn Abbas (may Allah be pleased with them both) said: Her waiting period (‘iddah) will be whichever is longer, and Abu Salamah said: When she gives birth, she becomes lawful (i.e., her ‘iddah is over and she can marry). There was a dispute between them about this, so Sayyiduna Abu Hurairah (may Allah be pleased with him) said: I am with my nephew Abu Salamah. Then he sent Kuraib, the freed slave of Sayyiduna Ibn Abbas (may Allah be pleased with them both), to Umm al-Mu’minin Sayyidah Umm Salamah (may Allah be pleased with her) and asked her this question. Sayyidah Umm Salamah (may Allah be pleased with her) informed that Sayyidah Subai’ah bint al-Harith al-Aslamiyyah’s (may Allah be pleased with her) husband had passed away and after a few days she experienced postnatal bleeding (i.e., blood flowed after childbirth), and a man from Banu Abd al-Dar whose kunyah was Abu Sanabil proposed marriage to Sayyidah Subai’ah (may Allah be pleased with her) and informed her that (after childbirth) she had become lawful for marriage, and Sayyidah Subai’ah (may Allah be pleased with her) intended to marry another man instead of him. So Abu Sanabil said: You have not become lawful. Thus, she went to the Messenger of Allah (peace and blessings be upon him) and mentioned this incident, and he (peace and blessings be upon him) commanded her: “She may marry.”
Brief Explanation
(Explanation of Hadith 2315)
‘Iddah refers to the period of waiting that a woman spends in her home after separation from her husband, whether due to divorce, annulment of marriage, or the death of her husband. This period is also called mourning or “ihdad.”
During this time, it is necessary for the woman to refrain from adornment and beautification for a specified period, and she cannot marry during these days.
The ‘iddah for a woman whose husband has died (mutawaffa ‘anha zawjuha) is four months and ten days, and the ‘iddah for a divorced woman (mutallaqah) is three menstrual cycles or three periods of purity, as mentioned in the Noble Qur’an [البقر : 228 ، 234].
If a woman is pregnant and her husband passes away, how many days will her ‘iddah be? Its mention is present in the Noble Qur’an: «﴿وَأُولَاتُ الْأَحْمَالِ أَجَلُهُنَّ أَنْ يَضَعْنَ حَمْلَهُنَّ .....﴾ [الطلاق : 4]». From the aforementioned hadith, it is also established that the ‘iddah of a pregnant woman whose husband has died is until childbirth (wada‘ al-haml), meaning the ‘iddah ends after delivery.
Sayyiduna Ibn ‘Abbas radi Allahu anhuma was of the opinion that if a woman whose husband has died is pregnant, then whichever period is longer—four months and ten days or the duration of her pregnancy—that will be her ‘iddah. However, this opinion was not correct.
What Sayyiduna Abu Hurairah and Sayyiduna Abu Salamah radi Allahu anhuma said is correct: such a pregnant woman may marry after childbirth, but during the period of postnatal bleeding (nifas), her husband cannot have intercourse with her.
Sayyidah Subay‘ah Aslamiyyah radi Allahu anha’s husband was Sayyiduna Sa‘d bin Khawlah radi Allahu anhu, who passed away a few days after the Farewell Pilgrimage (Hajjat al-Wada‘), and Sayyidah Subay‘ah radi Allahu anha gave birth to a child some days after his death—fifteen, twenty, forty, or fifty days later—and then she married.
In this hadith, the mutual respect among the noble Companions radi Allahu anhum and their practice of consulting one another in matters is a praiseworthy lesson to follow. Furthermore, the acceptance of Sayyidah Umm Salamah radi Allahu anha’s statement is a sign that when the truth becomes clear, one should submit to it with obedience and humility.
Sayyiduna Abu al-Sanabil radi Allahu anhu first acknowledged and then denied the permissibility (of marriage) so that the family members would gather and advise her to marry Sayyiduna Abu al-Sanabil radi Allahu anhu (Raaz rahimahullah).
‘Iddah refers to the period of waiting that a woman spends in her home after separation from her husband, whether due to divorce, annulment of marriage, or the death of her husband. This period is also called mourning or “ihdad.”
During this time, it is necessary for the woman to refrain from adornment and beautification for a specified period, and she cannot marry during these days.
The ‘iddah for a woman whose husband has died (mutawaffa ‘anha zawjuha) is four months and ten days, and the ‘iddah for a divorced woman (mutallaqah) is three menstrual cycles or three periods of purity, as mentioned in the Noble Qur’an [البقر : 228 ، 234].
If a woman is pregnant and her husband passes away, how many days will her ‘iddah be? Its mention is present in the Noble Qur’an: «﴿وَأُولَاتُ الْأَحْمَالِ أَجَلُهُنَّ أَنْ يَضَعْنَ حَمْلَهُنَّ .....﴾ [الطلاق : 4]». From the aforementioned hadith, it is also established that the ‘iddah of a pregnant woman whose husband has died is until childbirth (wada‘ al-haml), meaning the ‘iddah ends after delivery.
Sayyiduna Ibn ‘Abbas radi Allahu anhuma was of the opinion that if a woman whose husband has died is pregnant, then whichever period is longer—four months and ten days or the duration of her pregnancy—that will be her ‘iddah. However, this opinion was not correct.
What Sayyiduna Abu Hurairah and Sayyiduna Abu Salamah radi Allahu anhuma said is correct: such a pregnant woman may marry after childbirth, but during the period of postnatal bleeding (nifas), her husband cannot have intercourse with her.
Sayyidah Subay‘ah Aslamiyyah radi Allahu anha’s husband was Sayyiduna Sa‘d bin Khawlah radi Allahu anhu, who passed away a few days after the Farewell Pilgrimage (Hajjat al-Wada‘), and Sayyidah Subay‘ah radi Allahu anha gave birth to a child some days after his death—fifteen, twenty, forty, or fifty days later—and then she married.
In this hadith, the mutual respect among the noble Companions radi Allahu anhum and their practice of consulting one another in matters is a praiseworthy lesson to follow. Furthermore, the acceptance of Sayyidah Umm Salamah radi Allahu anha’s statement is a sign that when the truth becomes clear, one should submit to it with obedience and humility.
Sayyiduna Abu al-Sanabil radi Allahu anhu first acknowledged and then denied the permissibility (of marriage) so that the family members would gather and advise her to marry Sayyiduna Abu al-Sanabil radi Allahu anhu (Raaz rahimahullah).
