The widow’s waiting period and the categories of the widow’s waiting period
a. The waiting period of the widow: The scholars are in consensus, as reported by Ibn Al-Munthir, Ibn Hazm, and Ibn Qudaamah, that it is obligatory upon the wife whose husband has deceased, whether the marriage was consummated or not, to observe the prescribed waiting period. The overall consensus has also been transmitted by Al-Shafi’i, Ibn Rushd, and Al-Nawawi.
b. The categories of women who are observing the widow’s waiting period.
I. The waiting period of the non-pregnant widow: The scholars are in consensus, as reported by Ibn al-Munthir, Ibn ‘Abd al-Barr, Ibn Rushd and Ibn Qudaamah, that observing the waiting period is obligatory upon the woman whose husband has passed away and she is not pregnant, and that the waiting period expires after the passing of four months and ten nights.
II. The waiting period of the pregnant widow: The scholars are in consensus, as reported by Ibn al-Munthir, Ibn Hazm, Ibn ‘Abd al-Barr, Ibn Qudaamah, al-Qurtubee and Ibn Taymiyyah, that observing the waiting period is obligatory upon the pregnant woman whose husband has passed away, and that her waiting period expires upon giving birth.
a. The kind of pregnancy that is accepted to determine the end of the waiting period: The scholars are in consensus, as reported by Ibn Al-Munthir and Ibn Qudaamah. that the waiting period of a pregnant woman ends upon the delivery of the child provided that the features of human being are evident on him, even if the child is born dead.
2. Entitlement of the widow to maintenance during her waiting period
a. The non-pregnant widow’s maintenance during her waiting period: The scholars are in consensus [209] There is a dispute among scholars about the case of the pregnant wife, as will be discussed afterwards. , as reported by Al-Maawardee, Al-Baghawee, Al-’Umraanee, and Al-Nawawee, that the widow who is found not pregnant upon the death of her husband is not entitled to maintenance during her waiting period.
b. The pregnant widow’s maintenance during her waiting period The four Madhabs agree that the widow who is found pregnant at the time of the passing of her husband does not have the right to maintenance during her waiting period.
3. Entitlement of the widow to accommodation during the waiting period
The scholars differed on the entitlement of the widow to accommodation during her waiting period. One group holds the view that the widow is not entitled to accommodation during her waiting period. This is the view of the Hanafi and Hanbali Madhabs, one of the views in the Shafi’i Madhab, and the view of Ibn Hazm, al-Shawkaanee, and Ibn ‘Uthaymeen. The other group of scholars hold the view that the widow is entitled to accommodation during her waiting. This is the view of the Maliki [210] There are two conditions for this: (i) the husband must have consummated the marriage with her, (ii) and the accommodation has to belong to the deceased husband i.e., by the means of ownership, lease, or the right to use it temporary. Madhab and the more likely the correct view in the Shafi’i Madhab, the view of a group from the righteous predecessors, and one of the reported views of Imam Ahmad if the wife is pregnant.
4. Leaving the house during the waiting period
a. Leaving the house during the daytime: It is permissible for the widow to go out during the daytime during the waiting period to fulfil her necessary needs [211] This includes her going out to study or work. . This is the view of the majority of scholars, namely the Hanafi, Shafi’i, and Hanbali Madhabs, and it is the view of a group of righteous predecessors.
b. Leaving the house during night-time: It is permissible for the wife whose husband is deceased to go out at night during the waiting period to fulfil her necessary needs. This is the view of the majority of scholars [212] The Hanafi Madhab states that it is permissible for her to go out for some time during the nighttime while the Maliki Madhab allows her to go out at the two ends of the day, i.e.: close to dawn time and after sunset until the afterglow disappears. The Shafi’i Madhab allows her to go out at night to do sewing work, have friendly chats, or talk with others to console her. , namely Hanafi, Maliki, and Shafi’i Madhabs, and one of the accepted views in the Hanbali Madhab.
c. Staying overnight at a place other than her house: It is not permissible for the widow to stay overnight in a place other than the house in which she lives. This is agreed on by the four Madhabs [213] The Hanafi Madhab allows her to stay in a house other than hers for less than half of the night. , and it is the view of a group of righteous predecessors.