What is the ruling if the residence belonged to someone other than the deceased husband?

General Chapter

Al-Mughni

Book of Waiting Periods ('Iddah)

Book 44 · Issue 5 · Bab 1

Open in Qurani

Primary text

If the residence belonged to someone other than the deceased and the owner voluntarily allows the widow to reside there for her iddah, she must observe the iddah there. If the owner demands rent, it must be paid from the deceased's wealth, unless someone voluntarily pays the rent on her behalf, in which case she must observe the iddah there. If the owner relocates her or demands more than the going rate for rent, the heirs must provide her with alternative lodging from the deceased's estate if there are sufficient assets, because this lodging is her right and takes precedence over inheritance shares. If she chooses to move from the alternate lodging provided, she is permitted to do so, as residing there is her right and not an obligation imposed upon her. The lodging obligation that was fixed was for the house she occupied when her husband died.

Supporting text

This ruling applies whether the original residence belonged to her parents or any other party. If she was residing in her own house and chose to remain there, either voluntarily or by paying rent from the estate, it is permissible, and the heirs are obligated to pay the rent if she demands it. If she requests to move to other lodgings and vacate the current one, she is permitted, as she is not obligated to rent or loan out her own house, while the heirs are obligated to house her.