What is the ruling if creditors demand the sale of the dwelling the widow occupies?

General Chapter

Al-Mughni

Book of Waiting Periods ('Iddah)

Book 44 · Issue 3 · Bab 1

Open in Qurani

Primary text

If the creditors demand the sale of the dwelling the widow occupies, while allowing her to stay there for the duration of her Iddah, this is impermissible. This is because her entitlement to residence is contingent upon pregnancy, and the duration of pregnancy is unknown, making the arrangement akin to selling an asset while stipulating an undefined period of benefit for the seller.

Supporting text

If the heirs wish to partition the dwelling in a manner detrimental to her residence, they are not permitted to do so. However, if they wish to divide the space using lines (marking boundaries) without demolition or construction, it is permissible as it causes her no harm.