Surah Al-Baqara (2) — Ayah 240

(Ayah240) {وَ الَّذِيْنَ يُتَوَفَّوْنَ مِنْكُمْ وَ يَذَرُوْنَ اَزْوَاجًا…:} Many scholars have considered this verse to be abrogated by the verse that has already passed, in which the waiting period (‘iddah) of the wife of a deceased husband is stated as four months and ten days. In this case, despite this verse coming later in the order of recitation, it is considered abrogated by the earlier verse in sequence. They say that according to the verse under discussion, previously the waiting period for this woman was one year, then by verse (234) of this surah, it was set as four months and ten days. Thus, the waiting period of one year was abrogated, and after four months and ten days, the provision for residence and maintenance was abrogated by the verse of inheritance (An-Nisa: 11, 12), because in it, the shares of all heirs have been determined. Now, bequest in favor of an heir is not permissible. However, if we consider the wording of both verses, the first verse clearly commands that such a woman cannot remarry for four months and ten days, rather she must keep herself in waiting. This is called ‘iddah, whereas in the second verse, there is no mention of keeping herself in waiting for one year or not marrying. So, how did the waiting period become one year according to this verse? Therefore, the correct view is that this is not abrogated by the first verse, nor is there any disruption in the order of recitation.

As for the abrogation of maintenance and residence, those scholars who consider it abrogated, say it is abrogated by the verse of inheritance in Surah An-Nisa, which was revealed after Surah Al-Baqarah. Therefore, the verse under discussion is in no way abrogated by the first verse. If any part of it is abrogated, it is abrogated by Surah An-Nisa. But the more correct view is that this verse is definitive and not abrogated; it does not mention the waiting period at all, rather it mentions the bequest to the heirs of the deceased, that for the sake of comforting the woman and as an expression of love and sincerity for the deceased, after four months and ten days, for a further seven months and twenty days, she should be allowed to stay in her husband’s house. Yes, if the woman, after four months and ten days or after childbirth, wishes to move from that house of her own accord, then it is her choice. If Allah, despite the verse of inheritance, can give a mandatory command to stay in that house for four months and ten days, then He can also give a command for permission to stay there optionally for the remaining days of the year, and this is not against the verse of inheritance. This is the opinion of Imam Mujahid bin Jabr, Shaykh al-Islam Imam Ibn Taymiyyah (may Allah have mercy on them), and many other scholars. Hafiz Ibn Kathir (may Allah have mercy on him) has also considered it strong, and thus the beauty of the order of the verses of the Qur’an is also preserved.