Ruling on the ‘Iddah of a Pregnant Widow in Light of Qur’an and Hadith

The Waiting Period (‘Iddah) for a Widow — Four Months and Ten Days; If Pregnant, Until Delivery


Written by:
Imran Ayyub Lahori


The waiting period (‘Iddah) for a widow is four months and ten days. However, if she is pregnant, her ‘Iddah ends upon delivery.


Allah ﷻ says:
وَالَّذِينَ يُتَوَفَّوْنَ مِنكُمْ وَيَذَرُونَ أَزْوَاجًا يَتَرَبَّصْنَ بِأَنفُسِهِنَّ أَرْبَعَةَ أَشْهُرٍ وَعَشْرًا [البقرة: 234]
"Those among you who die and leave behind wives — they shall keep themselves in waiting for four months and ten days."


This ruling applies when the widow is not pregnant.


① The ‘Iddah of a Pregnant Widow​


Allah ﷻ says:
وَأُولَاتُ الْأَحْمَالِ أَجَلُهُنَّ أَن يَضَعْنَ حَمْلَهُنَّ [الطلاق: 4]
"The term for pregnant women is until they deliver their pregnancy."


② Hadith Evidence from Umm Salamah رضي الله عنها​


It is narrated that Subay‘ah al-Aslamiyyah, the wife of Sa‘d bin Khawlah رضي الله عنه, was pregnant when her husband was martyred:


فوضعت بعد موته أربعين ليلة فخطبت
"She gave birth forty nights after his death, and then received a marriage proposal."


فانكحها رسول الله
"The Messenger of Allah ﷺ married her off."


References: [Bukhari: 4909], [Muslim: 1485], [Tirmidhi: 1194], [Muwatta: 2/590], [Nasa’i: 6/191], [Ahmad: 6/423]


③ Statement of Ibn Mas‘ud رضي الله عنه​


When asked about a woman whose husband passes away while she is pregnant, he said:
"Why do you think of imposing hardship upon her and not granting her concession, when the shorter Surah al-Nisa’ (i.e., Surah al-Talaq) was revealed after the longer one (i.e., Surah al-Baqarah)? This later ruling states that a pregnant woman’s ‘Iddah is until delivery — therefore act upon this."
Reference: [Bukhari: 4532]


④ Incident of Zubair bin al-‘Awwam رضي الله عنه​


The Prophet ﷺ instructed him to send a marriage proposal to a woman who had given birth just moments after being divorced.
Reference: [Irwa’ al-Ghalil: 2117], [Ibn Majah: 2026]


Conclusion from Evidences​


From all these proofs, it is clear that if a woman’s husband passes away and she is pregnant, her ‘Iddah ends upon delivery.


Scholarly Opinions​


  • The Majority (Jumhoor): They uphold that her ‘Iddah is only until delivery.
  • Ali رضي الله عنه: Held that her ‘Iddah is أبعد الأجلين (the longer of the two periods). That is, if she delivers before four months and ten days, she must still complete the four months and ten days; if four months and ten days pass but she has not delivered, her ‘Iddah continues until delivery. This was to reconcile both verses, but as shown earlier, the evidences are against this view, so the majority opinion is stronger. Reference: [Nayl al-Awtar: 4/388]
  • Ibn al-Qayyim رحمه الله: Initially, the early scholars differed on the ‘Iddah of such a woman, but later there was consensus that it is until delivery. Reference: [A‘lam al-Muwaqqi‘in: 2/86]
  • Ibn Hazm رحمه الله: Stated that if delivery occurs immediately after the husband’s death, she may marry right away if she wishes. Reference: [Al-Muhalla: 10/41]
  • Abdul Rahman Mubarakpuri رحمه الله: Affirmed this as the correct view. Reference: [Tuhfat al-Ahwadhi: 4/420]
  • Tirmidhi رحمه الله: Considered the majority opinion more correct. Reference: [Tirmidhi: after Hadith 1193]
  • Siddiq Hasan Khan رحمه الله: Also preferred this opinion. Reference: [Al-Rawdah al-Nadiyyah: 2/145]

Important Note​


This ‘Iddah is obligatory solely due to the death of the husband, regardless of whether consummation of the marriage occurred or not. Merely the husband’s death establishes the obligation of ‘Iddah.


As Ibn Mas‘ud رضي الله عنه ruled regarding a woman whose husband died before consummation:
وعليها العدة
"She must observe ‘Iddah."


A companion stood up and confirmed that the Prophet ﷺ also ruled the same.
References: [Irwa’ al-Ghalil: 1939], [Abu Dawud: 2115], [Tirmidhi: 1145], [Ibn Majah: 1891], [Nasa’i: 6/121]
 
Back
Top
Telegram
Facebook