Must a woman in I'tikaf whose husband dies exit to observe the waiting period (Iddah)?

General Chapter

Al-Mughni

Book of I'tikaf

Book 10 · Issue 2 · Bab 1

Open in Qurani

Primary text

A wife in I'tikaf whose husband dies must exit to observe her Iddah, which is the view of Al-Shafi'i. This is because observing the Iddah in her husband's house is an obligation, necessitating her departure, similar to the obligation of Friday prayer for a man. The argument for her remaining to complete her I'tikaf is countered because the obligation to observe Iddah in the marital home takes precedence, making the analogy used by the dissenting opinion invalid regarding other necessities.

Supporting text

Rabi'ah, Malik, and Ibn al-Mundhir hold that she should complete her I'tikaf and then return to her husband's house to observe the Iddah. They argue that both I'tikaf (if vowed) and Iddah observance in the specific location are obligations, and the earlier obligation takes precedence. Al-Qadi stated that she does not owe expiation because her departure is obligatory.