QA-ID-0092
QUESTION
A woman’s husband has died. Is she required to observe her ‘iddat in the house where she lived with her husband or can she go to her own parents’ home? The couple were living with the husband’s parents, so does that mean she must observe ‘iddat with her in-laws? The couple had recently bought a new house before the husband’s death, but they hadn’t moved into this house yet. Can she observe ‘iddat in this new house?
ANSWER
﷽
A woman is required to observe ‘iddat (waiting period) following the death of her husband. The ‘iddat period is 4 months and 10 days. This period should be spent in the home where she and her husband lived together at the time of his passing. She is not permitted to observe ‘iddat elsewhere, including at her own parents’ house, unless there is a valid reason.
She also cannot observe ‘iddat in the new house, as she did not live there with her husband when he passed away. She must stay in the home she shared with her husband, even if that means staying with her in-laws.
Qur’ān
وَالَّذِیۡنَ یُتَوَفَّوۡنَ مِنۡکُمۡ وَیَذَرُوۡنَ اَزۡوَاجًا یَّتَرَبَّصۡنَ بِاَنۡفُسِهِنَّ اَرۡبَعَةَ اَشۡهُرٍ وَّعَشۡرً
Al-Baqarah 234
Islamic Text
على المعتدة أن تعتد في المنزل الذي يضاف إليها بالسكنى حال وقوع الفرقة والموت كذا في الكافي. لو كانت زائرة أهلها أو كانت في غير بيتها لأمر حين وقوع الطلاق انتقلت إلى بيت سكناها بلا تأخير وكذا في عدة الوفاة كذا في غاية البيان.
al-Fatawa al-Hindiyyah 1/535
والله تعالى أعلم
And Allāh Knows Best
Muhammad Kalim Misbahi
