When does the waiting period (*iddah*) commence for a wife whose husband dies or divorces her while he is geographically distant (nā'in)?

General Chapter

Al-Mughni

Book of Waiting Periods ('Iddah)

Book 44 · Issue 5 · Bab 1

Open in Qurani

Primary text

The *iddah* commences from the day of the death or divorce, provided this fact is established with her, even if she has not yet ceased acts forbidden to a woman observing *iddah*. This is the famous position in the Madhhab. Scholars such as Ibn Umar, Ibn Abbas, Malik, Shafi'i, and the People of Opinion support this view. The evidence is that if she were pregnant and delivered without knowing of the separation, her *iddah* would have ended. Likewise, this period follows the death or divorce and must be observed, as the purpose (*qasd*) is not a requirement for the validity of the *iddah*, evidenced by the *iddah* of a minor or insane woman concluding without their intent. Furthermore, ceasing forbidden acts (like mourning, *ihdad*) is not a precondition for the *iddah*'s validity, as Allah has specified the duration via menstruation or time periods (Quran 2:228, 65:4).

Supporting text

A position attributed to Ahmad, if verifiable proof exists, aligns with the main opinion. Otherwise, the *iddah* commences from the day the news reaches her. This latter view is narrated from Said ibn al-Musayyib and Umar ibn Abd al-Aziz, and is also attributed to Ali, al-Hasan, and Qatadah, based on the reasoning that the obligations of *iddah* (avoiding certain acts) cannot begin until the woman is aware of the separation.