Al-Baqarah: (234) And those of you who pass away...

There are several issues concerning this verse:

Issue 1: The Meaning of Yatawaffawna (يتوفون)

• Yatawaffawna means "they die and their souls are taken." Allah Almighty says: {Allah takes the souls at the time of their death} (Az-Zumar: 42).
• The root of Tawaffi (توفي) is taking something completely and fully (wāfiyan kāmilā). Whoever dies has completed their lifespan fully.
• It is said: Tuwuffiya fulān (توفي فلان) or Tuwaffā fulān (توفى فلان) when someone dies.
  • If one says Tuwuffiya (with a damma on the yā’), the meaning is that their soul was taken/received.
  • If one says Tuwaffā (with a fatḥa on the yā’), the meaning is that they completed their appointed term (ajal) and fully received their sustenance and lifespan. This aligns with the recitation of Ali (peace be upon him), yatawaffawna (يتوفون) with a fatḥa on the yā’.

• Regarding {wa yadharūna} (ويذرون - and leave behind): This means "they leave behind." The past tense and the verbal noun (masdar) are not used for this verb, as they are sufficiently covered by the verb yatruk (يترك - to leave), which has the past tense taraka (ترك) and the masdar tark (ترك).
• The same applies to the verb yadaʿ (يدع - to leave/abandon), whose masdar and past tense are covered by other forms.
• Both verbs (yadaʿ and yadhar) have existing imperative forms: "Leave him!" (idʿahu or idharhu). However, their past tense and masdar forms are absent.
• The spouses (azwāj) here refer to the wives. Arabs call both the man and his wife zawj (spouse), sometimes adding the feminine marker (tā’ marbūṭah).

Issue 2: The Predicate (Khabar) of the Subject (Mubtada')

The phrase {Wa-lladhīna} (والذين - And those who) is the subject (mubtada') and must have a predicate (khabar). Scholars have differing opinions on what the predicate is:

1. The first opinion: The muḍāf (the noun being possessed) is omitted. The intended meaning is: "And the spouses of those who die among you shall wait..."
2. The second opinion (Al-Akhfash): The intended meaning is: "They shall wait after them," but the predicate was omitted because it was obvious, similar to the saying: "Ghee is two manwān for one dirham," and the verse: {But whoever is patient and forgives—indeed, that is of the firmest of matters} (Ash-Shūrā: 43).
3. The third opinion (Al-Mubarrid): The structure is: "And those who die among you and leave behind spouses—their spouses shall wait." Al-Mubarrid argued that omitting the subject (mubtada') is not unusual, citing: {Say, "Is that better or the Fire which has been promised to the disbelievers?"} (Al-Ḥajj: 72), meaning "It is the Fire," and {So, patience is beautiful} (Yūsuf: 18).
   • Objection: You omitted a possessed subject (mubtada' muḍāf), which consists of two elements, whereas your examples involve omitting a single element.
   • Response: Just as a singular subject can be omitted, a possessed subject can also be omitted. Allah Almighty says: {Let not the turning about of those who disbelieve in the cities deceive you. [It is but] a brief enjoyment} (Āl ʿImrān: 196-197). The meaning is: "Their turning about is a brief enjoyment."
4. The fourth opinion (Al-Kisā’ī and Al-Farrā’): The phrase {Wa-lladhīna yatawaffawna minkum} is the subject, but the focus here is not on stating a ruling concerning them, but rather on stating a ruling concerning their spouses. Therefore, the subject was not given a predicate. Al-Mubarrid and Al-Zajjāj rejected this, as a subject without a predicate is impossible.

Issue 3: The Meaning of Waiting (Tarbbuṣ)

We have previously explained the meaning of tarabbuṣ (waiting), the benefit of saying {bi-anfusihinna} (by themselves), and that although this phrase is grammatically a statement (khabar), its intended meaning is an imperative command. We also explained the benefit of using the form of a statement instead of the explicit command form.

Issue 4: The Feminine Form of "Ten" (ʿAshran)

The phrase {wa ʿashran} (and ten) is mentioned in the feminine form, even though the intended meaning is "ten days." Scholars offered several justifications for this:

1. Dominance of the Nights over the Days: The beginning of a lunar month is considered to be at night. Since the nights are the initial parts, they dominate, as initial elements are stronger than subsequent ones. Ibn as-Sikkit said: They say, "We fasted five of the month," giving precedence to the nights unless the days are explicitly mentioned, in which case they say, "We fasted five days."
2. Metaphorical Usage: These days are days of sorrow and distress. Such days are metaphorically called "nights," as in the saying: "We went out during the nights of tribulation," or "We came during the nights of the governor's rule."
3. Al-Mubarrid's View: The number ten is feminized because the intended meaning is the duration (mudda), meaning "ten durations," and each duration is a day and a night.
4. Literal Interpretation by Some Jurists: Some jurists followed the literal meaning of the verse, stating that if four months and ten nights pass, the wife becomes permissible for remarriage. They interpret ʿashran as referring to nights. This view was held by Al-Awzāʿī and Abū Bakr al-Aṣamm.

Issue 5: The Wisdom Behind the Fixed Period

It is narrated from Abū al-ʿĀliyah that Allah Almighty fixed this specific period because the fetus receives its soul (rūḥ) ten days after the four months. This view is also narrated from Al-Ḥasan al-Baṣrī.

Issue 6: Rulings on the Waiting Period (ʿIddah)

This waiting period is obligatory for every woman whose husband dies, except in two situations:

1. If she is a slave woman (ammat): Most jurists hold that her waiting period is half that of a free woman. Abū Bakr al-Aṣamm disagreed, arguing her period should be the same as a free woman's, based on the apparent meaning of the verse. He argued that Allah made the delivery of the child a substitute for this period for the pregnant woman, and since delivery is common to both free women and slaves, this waiting period should also be common to both. The majority responded that halving the period is possible here, whereas substituting it with delivery is not possible for the slave woman in the same way.
2. If she is pregnant: Her waiting period ends upon delivery of the child, even if it occurs only an hour after the husband's death. It is narrated from Ali (peace be upon him): "She waits for the longer of the two periods [the four months and ten days, or delivery]."

The evidence for this is found in the Qur'an and Sunnah.

• Qur'an: {And for those who are pregnant, their term is that they deliver their burden} (Aṭ-Ṭalāq: 4). Some scholars consider this verse to specify and restrict the general ruling in the verse about those whose husbands die.
• Al-Shāfiʿī's View: Al-Shāfiʿī did not rely on the Qur'an for this ruling for two reasons:
  1. Each verse is general in one respect and specific in another. A pregnant woman might have her husband die, or he might not. Similarly, a woman whose husband dies might be pregnant or not. Because of this overlap, one verse cannot restrict the other.
  2. The verse {And for those who are pregnant...} was mentioned immediately after the ruling for divorced women, so someone might argue it applies only to the divorced woman, not the widow.
• Sunnah: For these reasons, Al-Shāfiʿī relied on the Sunnah. Abū Dāwūd narrated with his chain that Subayʿah bint al-Ḥārith al-Aslamiyyah was married to Saʿd ibn Khawlah, who died during the Farewell Pilgrimage while she was pregnant. She gave birth half a month after his death. When she purified herself from the bleeding, she adorned herself for suitors. Some people told her she could not marry until four months and ten days had passed. She asked the Prophet (peace be upon him), who informed her that she had become permissible immediately upon delivering her child and commanded her to marry if she wished.

Based on this principle, there are subsidiary rulings:

• First Ruling: There is no difference in the waiting period for death between a young girl and an adult. Ibn ʿAbbās held that there is no waiting period for a woman who had not yet consummated the marriage, but this view is abandoned because the verse is general for everyone.
• Second Ruling: If the four months and ten days are completed, her waiting period ends, even if she has not seen her menstrual cycle during that time.
  • Mālik's View: Mālik held that her waiting period does not end until she sees her cycle within those days. For example, if her habit is one period per month, she must have four periods during the widowhood ʿiddah. If her habit is one period every two months, she must have two periods, and so on. If her habit is one period every five months, the months suffice.
  • Al-Shāfiʿī's Argument: This verse indicates that Allah commanded the widow to observe this specific period and did not add anything more, so this period must be sufficient. Al-Shāfiʿī added that if she has doubts (irtiyāb), she must seek purification from doubt, just as a woman with a fixed cycle must take precautions if she has doubts.
• Third Ruling (Calculation): If the husband dies:
  • If more than ten days remain in the month of death, the second, third, and fourth months are counted by the sighting of the new moon (whether the month is complete or incomplete). The first month is then completed by counting thirty days, and ten days are added to that.
  • If less than ten days remain in the month of death, four full months are counted by the sighting of the new moon, and the ten days are completed from the sixth month.

Issue 7: Abrogation (Naskh)

The jurists unanimously agreed that this verse abrogates the subsequent ruling regarding observing a full year (ḥawl) for the waiting period, even though this verse appears earlier in recitation. Abū Muslim al-Iṣbahānī was the exception, whose view will be discussed later. Precedence in recitation does not prevent later revelation, as the arrangement of the Muṣḥaf is not based on the order of revelation; rather, the order of recitation is the order dictated by Gabriel by Allah's command.

Issue 8: Cause of the Waiting Period

Scholars differed on whether the cause of the waiting period is the death itself or the knowledge of the death.

• Some argued: Unless she knows of her husband's death, the passing of the days does not complete her ʿiddah. Their evidence is that Allah said: {They shall wait by themselves}, which only occurs when she intends this waiting, and intention requires knowledge.
• The Majority argued: The cause is the death. If the period (or most of it) passes, and then news of the husband's death reaches her, she must observe the waiting period for the time that has passed. Their evidence is that for a young girl who has no knowledge, the passing of the prescribed time is sufficient to end her ʿiddah.

Issue 9: Meaning of "Waiting by Themselves" (Tarbbuṣ bi-anfusihinna)

This means refraining from marriage, refraining from leaving the house where her husband died, and refraining from adornment. This term is somewhat ambiguous as it doesn't specify what she is waiting in. We state:

• Refraining from marriage is unanimously agreed upon.
• Refraining from leaving the house is obligatory, except for necessity or need.
• Refraining from adornment is obligatory, based on the narration from ʿĀ’ishah and Ḥafṣah that the Messenger of Allah (PBUH) said: "It is not lawful for a woman who believes in Allah and the Last Day to observe mourning (iḥdād) for a deceased person for more than three nights, except for a husband, for whom it is four months and ten days."
  • Al-Ḥasan and Al-Shaʿbī argued that it is not obligatory, as the hadith implies the permissibility of mourning, not its obligation.
  • They used as evidence the narration from Asmā’ bint ʿUmays: The Messenger of Allah (PBUH) said: "And remain [in mourning] for three [days], then do whatever you wish."

Issue 10: Addressing Non-Muslims

Those who argue that disbelievers are not addressed by the secondary religious laws (furūʿ al-sharā’iʿ) cite the verse: {Wa-lladhīna yatawaffawna minkum} (And those of you who pass away). They argue that {minkum} (of you) is an address specifically to the believers, indicating that the address regarding these secondary laws is restricted to believers only.

• The Response: The believers were mentioned specifically because they are the ones who act upon these rulings, similar to the verse: {You are only a warner to those who fear it} (An-Nāziʿāt: 45), even though the Prophet was a warner to everyone, as Allah says: {so that it may be a warning to the worlds} (Al-Furqān: 1).

Regarding {Fa-idhā balaghna ajalahunna} (Then when they have reached their term): This means when the period designated for the waiting time has passed, then {lā junaḥa ʿalaykum} (there is no blame upon you).

• It is said the address is to the guardians/relatives (awliyā’) because they are the ones who contract the marriage.
• It is said the address is to the judges and righteous Muslims, because if the women marry during the waiting period, it becomes obligatory for everyone capable to prevent them. If they cannot prevent it, they must seek assistance from the ruler. This is because the purpose of this waiting period is to ensure that her womb is not carrying the semen of her first husband.
• A third interpretation of the verse is that {lā junaḥa ʿalaykum} means: "There is no blame upon the women, and no blame upon you [the guardians/society]."
• Then, {fīmā faʿalna fī anfusihinna bi-l-maʿrūf} (in what they do concerning themselves in an acceptable manner) means what is sound according to intellect and Sharia, as it is the opposite of the unacceptable (the munkar). This acceptable manner is lawful marriage, provided it meets all conditions of validity.
• The verse concludes with a warning: {Wa-llāhu bi-mā taʿmalūna khabīr} (And Allah is ever, of what you do, Acquainted).

There are further issues in the verse:

Some relied on the phrase {fīmā faʿalna fī anfusihinna} (in what they do concerning themselves) to argue for the obligation of mourning. The apparent meaning suggests actions the woman performs alone. Marriage is not such an action, as it requires another party. Therefore, this phrase must refer to what the woman does by herself, such as adornment, using perfume, etc.

The companions of Abū Ḥanīfah relied on this verse to permit marriage without a guardian (walī). They argued that if she marries herself, it must be permissible due to the statement: {lā junaḥa ʿalaykum fīmā faʿalna fī anfusihinna} (there is no blame upon you in what they do concerning themselves), as attributing an action to the actor implies direct execution (mubāsharah), which is the literal meaning of the word.

The companions of Al-Shāfiʿī relied on this verse to argue that the marriage is only valid through a guardian. They argue that the address {lā junaḥa ʿalaykum} is directed to the guardians. If the contract were valid without the guardian, they would not have been addressed regarding this matter. Success is from Allah.

The Fourteenth Ruling: Regarding Proposing to Women

{And there is no blame upon you for that which you make an allusion to concerning the proposal to women or that which you conceal within yourselves. Allah knows that you will mention them. But do not make a secret appointment with them except for a statement of what is acceptable. And do not resolve on the knot of marriage until the decree reaches its term. And know that Allah knows what is within yourselves, so beware of Him. And know that Allah is Forgiving and Forbearing.}