Source: Aḥkām wa Masāʾil Kitāb wa Sunnat kī Roshnī meṅ by Shaykh Mubashar Ahmad Rabbānī
If a man passes away while his wife is pregnant, what is her correct waiting period (ʿiddah) after which she may enter into a new marriage?
When a woman’s husband passes away and she is pregnant, there is a difference of opinion among the scholars regarding her ʿiddah.
However, the opinion held by Imām Sufyān al-Thawrī, Imām al-Shāfiʿī, Imām Aḥmad, and Imām Isḥāq ibn Rāhwayh is that her ʿiddah ends upon delivery of the child — and this is the most correct opinion, supported by authentic evidence.
Narrated by Umm Salamah رضي الله عنها:
A woman named Subayʿah from the tribe of Aslam lost her husband while she was pregnant. Abū Sanābil ibn Baʿkak proposed marriage to her, but she declined. He then said:
"By Allah! You are not lawful for marriage until you complete the longer of the two waiting periods."
Later, she gave birth and after waiting around ten days, she went to the Prophet ﷺ, and he ﷺ said:
"You may now marry."
Ṣaḥīḥ al-Bukhārī, Kitāb al-Ṭalāq, Bāb: If a Husband Dies and the Wife is Pregnant – Ḥadīth 5318
This hadith proves that if two waiting periods apply to a woman (i.e., four months and ten days for widowhood and delivery of the child due to pregnancy), the ʿiddah ends with childbirth, as this is clearly established by the Sunnah.
Further Narration:
It is narrated from Sulaymān ibn Sayyār that Abū Hurayrah, ʿAbdullāh ibn ʿAbbās, and Abū Salamah ibn ʿAbd al-Raḥmān discussed the matter. When asked about the ʿiddah of a pregnant widow, the following views were mentioned:
They then sent a message to Umm Salamah رضي الله عنها, who responded:
"Subayʿah al-Aslamiyyah gave birth shortly after her husband's death, and the Prophet ﷺ allowed her to remarry."
Jāmiʿ al-Tirmidhī, Kitāb al-Ṭalāq, Bāb: Regarding the Pregnant Woman Whose Husband Dies – Ḥadīth 1194
✔ Imām al-Tirmidhī رحمه الله said: “This ḥadīth is ḥasan ṣaḥīḥ (authentic and sound).”
According to the most correct and strongest view, if a woman’s husband passes away while she is pregnant, her ʿiddah ends upon the delivery of the child, even if that happens shortly after the husband’s death.
Thus, she becomes permissible for remarriage immediately after giving birth.
✦ Question:
If a man passes away while his wife is pregnant, what is her correct waiting period (ʿiddah) after which she may enter into a new marriage?
✦ Answer:
When a woman’s husband passes away and she is pregnant, there is a difference of opinion among the scholars regarding her ʿiddah.
However, the opinion held by Imām Sufyān al-Thawrī, Imām al-Shāfiʿī, Imām Aḥmad, and Imām Isḥāq ibn Rāhwayh is that her ʿiddah ends upon delivery of the child — and this is the most correct opinion, supported by authentic evidence.
❖ Evidence from the Ḥadīth:
Narrated by Umm Salamah رضي الله عنها:
A woman named Subayʿah from the tribe of Aslam lost her husband while she was pregnant. Abū Sanābil ibn Baʿkak proposed marriage to her, but she declined. He then said:
"By Allah! You are not lawful for marriage until you complete the longer of the two waiting periods."
Later, she gave birth and after waiting around ten days, she went to the Prophet ﷺ, and he ﷺ said:
"You may now marry."
Ṣaḥīḥ al-Bukhārī, Kitāb al-Ṭalāq, Bāb: If a Husband Dies and the Wife is Pregnant – Ḥadīth 5318This hadith proves that if two waiting periods apply to a woman (i.e., four months and ten days for widowhood and delivery of the child due to pregnancy), the ʿiddah ends with childbirth, as this is clearly established by the Sunnah.
Further Narration:
It is narrated from Sulaymān ibn Sayyār that Abū Hurayrah, ʿAbdullāh ibn ʿAbbās, and Abū Salamah ibn ʿAbd al-Raḥmān discussed the matter. When asked about the ʿiddah of a pregnant widow, the following views were mentioned:
- Ibn ʿAbbās رضي الله عنهما said:
"She must complete the longer of the two ʿiddahs."
- Abū Salamah رضي الله عنه said:
"She becomes lawful (for remarriage) as soon as she gives birth."
- Abū Hurayrah رضي الله عنه said:
"I am with my nephew (Abū Salamah) in this view."
They then sent a message to Umm Salamah رضي الله عنها, who responded:
"Subayʿah al-Aslamiyyah gave birth shortly after her husband's death, and the Prophet ﷺ allowed her to remarry."
Jāmiʿ al-Tirmidhī, Kitāb al-Ṭalāq, Bāb: Regarding the Pregnant Woman Whose Husband Dies – Ḥadīth 1194✔ Imām al-Tirmidhī رحمه الله said: “This ḥadīth is ḥasan ṣaḥīḥ (authentic and sound).”
Conclusion:
According to the most correct and strongest view, if a woman’s husband passes away while she is pregnant, her ʿiddah ends upon the delivery of the child, even if that happens shortly after the husband’s death.
Thus, she becomes permissible for remarriage immediately after giving birth.
