What is the ruling regarding a widow's obligation to remain in the marital home if she fears destruction, drowning, enemies, or if the tenancy expires or she is wrongfully denied residence?
General Chapter
Al-Mughni
Book of Waiting Periods ('Iddah)
Primary text
If the widow fears danger such as a building collapsing, drowning, or enemies, or if the status of the residence changes—such as the gratuitous loan ending, the lease expiring, the owner unjustly preventing her residence, refusing to renew the lease, or demanding more than the market rate rent—she is permitted to move. This is due to a valid excuse, and the obligation to secure residence falls away because the duty incumbent upon her is the act of residing, not securing the dwelling place itself. When residing becomes impossible, the obligation is dropped, and she is free to reside wherever she wishes. She is not required to pay rent for the new dwelling.
Supporting text
Abu al-Khattab and the school of al-Shafi'i suggest that she must move to the nearest location possible for her relocation. This is analogous to the ruling for distributing Zakat funds, where the funds are moved to the nearest location where recipients can be found, as the aim is to benefit those nearby.