How is the duration determined for allocating funds to the widow when she is paid alongside creditors?
General Chapter
Al-Mughni
Book of Waiting Periods ('Iddah)
Primary text
If the widow is paid alongside the creditors for the duration of her Iddah, the allocation is determined by the duration of her expected confinement if she is pregnant. If she is divorced and menstruates (Dhawāt al-Qurū'), she is allocated funds for the duration of her menstrual cycles. If she has no established cycle, the majority custom for women is presumed, which is nine months for pregnancy or three months per menstrual cycle. If part of her pregnancy term has already passed, the remaining portion is calculated. This is done because delaying the distribution for the creditors' rights is impossible. If the allocated amount matches the actual duration, the ruling is affirmed, and she rents a place to live with the allocated funds.
Supporting text
If obtaining suitable accommodation is impossible, she may reside wherever she chooses. If the actual duration is less than what she was allocated (e.g., giving birth after six months, or three cycles completed in two months), she must return the surplus and is compensated based on her share of that period. If the Iddah duration extends beyond the allocation (e.g., giving birth after a year, or having three cycles in half a year), she has recourse against the creditors, similar to how they have recourse against her in case of a shortfall. Alternatively, it is suggested that she does not have recourse, and the deficit remains a liability of her deceased husband, as the allocation was made based on a projection allowing for potential excess, meaning she is not entitled to more than that projection.