Is *ihdad* (mourning restrictions) obligatory upon a woman divorced irrevocably (*bain*)?
General Chapter
Al-Mughni
Book of Waiting Periods ('Iddah)
Primary text
There are differing narrations from Ahmad regarding the obligation of *ihdad* upon the irrevocably divorced woman. One narration states it is obligatory, supported by Sa'id ibn al-Musayyib, Abu 'Ubayd, Abu Thawr, and the companions of *Ahl al-Ra'y* (Hanafi school). The obligation of *ihdad* is derived from the Hadith stating: "It is not permissible for a woman who believes in Allah and the Last Day to mourn for a deceased person for more than three nights, except for a husband, for whom she mourns for four months and ten days." This indicates *ihdad* is specifically required during the *iddah* of widowhood.
Supporting text
The second narration holds that it is not obligatory, which is the view of 'Ata', Rabi'ah, Malik, Ibn al-Mundhir, and is similar to the view of Shafi'i. The reasoning is that since she is observing an *iddah* not due to death, *ihdad* is not required, similar to the revocably divorced woman (*raj'iyyah*) or a woman whose paternity is suspect (*mawtu'a bi-shubha*). Furthermore, the purpose of mourning in widowhood is sorrow over separation due to death, whereas divorce is by the husband's choice. If a widow has a child, it is attributed to the deceased husband, necessitating *ihdad* as a precaution; whereas the divorced woman's former husband remains, providing his own safeguard. If *ihdad* is obligatory for the irrevocably divorced woman, she must abstain from perfumes and adornments, but is permitted to wear the face veil (*niqab*) and observe her *iddah* outside her home, as evidenced by the instruction to Fatima bint Qays to observe *iddah* in the house of Ibn Umm Maktum.