Is the lodging of a widow obligatory if she is pregnant?
General Chapter
Al-Mughni
Book of Waiting Periods ('Iddah)
Primary text
If the widow is pregnant, there are two narrations concerning whether lodging is obligatory for her. The main supporting view is that because she is pregnant by her deceased husband, lodging must be provided, analogously to the divorced woman. Regarding the verse cited by the opposing side (Quran 2:240), it is considered abrogated. The Prophet's command to Furay'ah is treated as a specific case (qadiyya 'ayn), possibly because the Prophet knew the heir would grant permission, or the command indicates the obligation is contingent upon possibility, which includes the heir's permission. If lodging is obligatory for a pregnant widow, she has the right to occupy the specific residence she occupied upon her husband's death, taking precedence over heirs and creditors, and this property cannot be sold to satisfy debts until her waiting period (iddah) is complete. This is the position of Malik, Al-Shafi'i, Abu Hanifa, and the majority of scholars.
Supporting text
If the residence is unavailable, the heir must rent a dwelling for her from the deceased's wealth. If the heir fails to do so, the judge compels him. She cannot move from her residence except for a valid excuse. Even if the heir and the woman agree to move her, it is not permissible because this lodging obligation is tied to a right of Allah concerning the iddah, which cannot be nullified by mutual agreement, unlike lodging during a valid marriage (sukna al-nikah), which is a right belonging to them both. Moreover, this lodging is part of the requirements of seclusion (ihdad), which cannot be waived by agreement, similar to other requirements of ihdad.