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سنن دارمي
Darimi
من كتاب الطلاقFrom the Book of Divorce
باب في خُرُوجِ الْمُتَوَفَّى عَنْهَا زَوْجُهَا:Chapter: Widow Leaving the House During Waiting Period
Hadith 2324
اُردوEn
أَخْبَرَنَا عُبَيْدُ اللَّهِ بْنُ عَبْدِ الْمَجِيدِ، حَدَّثَنَا مَالِكٌ، عَنْ سَعْدِ بْنِ إِسْحَاق بْنِ كَعْبِ بْنِ عُجْرَةَ، عَنْ عَمَّتِهِ زَيْنَبَ بِنْتِ كَعْبِ بْنِ عُجْرَةَ: أَنَّ الْفُرَيْعَةَ بِنْتَ مَالِكٍ أَخْبَرَتْهَا أَنَّهَا سَأَلَتْ رَسُولَ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ أَنْ يَأْذَنَ لَهَا أَنْ تَرْجِعَ إِلَى أَهْلِهَا، فَإِنَّ زَوْجِي قَدْ خَرَجَ فِي طَلَبِ أَعْبُدٍ لَهُ أَبَقُوا، فَأَدْرَكَهُمْ حَتَّى إِذَا كَانَ بِطَرَفِ الْقَدُومِ، قَتَلُوهُ، فَقَالَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ: "امْكُثِي فِي بَيْتِكِ حَتَّى يَبْلُغَ الْكِتَابُ أَجَلَهُ"، فَقُلْتُ: إِنَّهُ لَمْ يَدَعْنِي فِي بَيْتٍ أَمْلِكُهُ، وَلَا نَفَقَةٍ، فَقَالَ: "امْكُثِي حَتَّى يَبْلُغَ الْكِتَابُ أَجَلَهُ"، فَاعْتَدَّتْ فِيهِ أَرْبَعَةَ أَشْهُرٍ وَعَشْرًا، قَالَتْ: فَلَمَّا كَانَ عُثْمَانُ: أَرْسَلَ إِلَيَّ فَسَأَلَنِي عَنْ ذَلِكَ فَأَخْبَرْتُهُ، فَاتَّبَعَ ذَلِكَ وَقَضَى بِهِ.
It is narrated from Zainab bint Ka'b bin Ujrah that Lady Fari'ah bint Malik (may Allah be pleased with her) informed her that she asked the Messenger of Allah (peace and blessings be upon him) for permission to return to her family home because her husband had gone out in search of his runaway slaves, and he had caught them, but near Qudum (the name of a place near Madinah), those slaves killed him. The Messenger of Allah (peace and blessings be upon him) said: "Stay in your house until your waiting period ('iddah) is completed." I said: My husband has not left me anything in my possession, neither a house nor maintenance. The Prophet (peace and blessings be upon him) said: "Whatever the case, remain there until your waiting period is completed." So I spent my 'iddah of four months and ten days in that place. Then, when Sayyiduna Uthman (may Allah be pleased with him) became caliph, he sent a messenger to me and inquired about this matter. I informed him, and Sayyiduna Uthman (may Allah be pleased with him) adopted this ruling and gave the same verdict.
Brief Explanation
(Commentary on Hadith 2323)
This hadith establishes 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 his death, and she must remain in that house until the completion of the ‘iddah.
This is the position of the majority of the scholarly investigators (muhhaqiqin), but if there is a danger to her life, she may move to another house—for example, if the house is unsafe, there is a fear of the house collapsing, there is a risk of harm from neighbors, or she feels afraid due to loneliness.
And some scholars have said that she may leave the house during the day for necessary tasks, but in any case, she must spend the night in that house, as will be mentioned ahead.
This hadith establishes 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 his death, and she must remain in that house until the completion of the ‘iddah.
This is the position of the majority of the scholarly investigators (muhhaqiqin), but if there is a danger to her life, she may move to another house—for example, if the house is unsafe, there is a fear of the house collapsing, there is a risk of harm from neighbors, or she feels afraid due to loneliness.
And some scholars have said that she may leave the house during the day for necessary tasks, but in any case, she must spend the night in that house, as will be mentioned ahead.
