Is it obligatory for a widow to observe her waiting period in the house of her deceased husband?

General Chapter

Al-Mughni

Book of Waiting Periods ('Iddah)

Book 44 · Issue 1 · Bab 1

Open in Qurani

Primary text

It is obligatory for the widow to observe the waiting period in the home where her husband died while she was residing in it. This ruling applies whether the house belonged to the husband, was rented, or was occupied gratuitously (ariyya). This opinion is held by Umar, Uthman, Ibn Umar, Ibn Masud, Umm Salamah, Malik, al-Thawri, al-Awza'i, Abu Hanifa, al-Shafi'i, and Ishaq. It is also the view of scholars in the Hijaz, Sham, Iraq, and Egypt, according to Ibn Abd al-Barr. The evidence is the narration of Fari'ah bint Malik ibn Sinan, sister of Abu Sa'id al-Khudri, whom the Prophet, peace be upon him, instructed, saying: "Remain in your house until the term reaches its end." Uthman later confirmed this ruling in the presence of a group of Companions who did not object. If the news of the husband's death reached her outside her dwelling, she must return to her dwelling to observe the waiting period there, based on the Prophet's command to remain in "your house."

Supporting text

Some scholars, including Jabir ibn Zayd, al-Hasan, and 'Ata', hold that the widow may observe the waiting period wherever she wills. This view is supported by narrations from 'Ali, Ibn 'Abbas, Jabir, and 'Aishah. Ibn 'Abbas cited the Quranic verse {Then if they go forth, there is no blame upon you for what they do with respect to themselves} [Quran 2:240] as abrogating the prior obligation of residing with the family or in her will. 'Ata' added that inheritance subsequently abrogated the requirement for fixed residence.