What is the required waiting period for an irrevocably divorced woman whose husband dies after her divorce waiting period has concluded?

General Chapter

Al-Mughni

Book of Waiting Periods ('Iddah)

Book 44 · Issue 3 · Bab 1

Open in Qurani

Primary text

If the divorced woman’s waiting period (whether by menstruation, months, childbirth, or if the divorce occurred before consummation) has ended, she has no waiting period due to his death. This is supported by the verse concerning those divorced before consummation: "O you who have believed, when you marry believing women and then divorce them before you have touched them, then there is not for you upon them any waiting period to count." (Quran 33:49), and the verse requiring three Quru' for divorced women: (Quran 2:228). These clear texts should not be overruled by arbitrary judgment. Furthermore, she is considered a non-relative ('ajnabiyyah) who is immediately permissible for remarriage, and her former husband may marry her sister and four others simultaneously, unlike the woman whose waiting period had not concluded.

Supporting text

Al-Qadi holds that she must observe the waiting period for widowhood if we rule that she inherits from him, as inheritance stems from the marital bond. Ibn Abi Musa reports two narrations from Ahmad on this matter. The correct position is that no waiting period is required because her relation to him is severed, making her permissible to other men, and her divorce period is complete.