It was narrated from Sulaiman bin Yasar that 'Abdullah bin 'Abbas and Abu Salamah bin 'Abdur-Rahman disagreed concerning a woman who gave birth one day after her husband died. 'Abdullah bin 'Abbas said:
"(She should wait) for the longer of the two periods." Abu Salamah said: "When she has given birth, it becomes permissible for her to remarry." Abu Hurairah came and said: "I agree with my brother's son" -meaning Abu Salamah bin 'Abdur-Rahman. They sent Kuraib, the freed slave of Ibn 'Abbas, to Umm Salamah to ask her about that. He came back to them and told them that she said: "Subai'ah gave birth one day after her husband died;" she mentioned that to the Messenger of Allah and he said: "It has become permissible for you to marry."
"Ibn 'Abbas, Abu Hurairah and I were together, and Ibn 'Abbas said: 'If a woman gives birth after her husband dies, her 'Iddah is the longer of the two periods.'" Abu Salamah said: "We sent Kuraib to Umm Salamah to ask her about that. He came to us and told us from her that the husband of Subai'ah died and she gave birth a few days after her husband died, and the Messenger of Allah told her to get married."
It was narrated from Abu Salamah bin 'Abdur-Rahman that Zainab bint Abi Salamah told him, from her mother, Umm Salamah, the wife of the Prophet:
"That a woman from Aslam who was called Subai'ah was married to her husband, and he died while she was pregnant. Abu As-Sanabil bin Ba'kak proposed to her but she refused to marry him. He said: 'You cannot get married until you have observed 'Iddah for the longer of the two periods.' Approximately twenty days later she gave birth. She went to the Messenger of Allah and he said: 'Get married.'"
Chapter 56: The 'Iddah Of A Pregnant Woman Whose Husband Dies - كتاب الطلاق
أَخْبَرَنَا إِسْحَاقُ بْنُ إِبْرَاهِيمَ، قَالَ أَنْبَأَنَا عَبْدُ الرَّزَّاقِ، قَالَ أَنْبَأَنَا ابْنُ جُرَيْجٍ، قَالَ أَخْبَرَنِي دَاوُدُ بْنُ أَبِي عَاصِمٍ، أَنَّ أَبَا سَلَمَةَ بْنَ عَبْدِ الرَّحْمَنِ، أَخْبَرَهُ قَالَ بَيْنَمَا أَنَا وَأَبُو هُرَيْرَةَ عِنْدَ ابْنِ عَبَّاسٍ إِذْ جَاءَتْهُ امْرَأَةٌ فَقَالَتْ تُوُفِّيَ عَنْهَا زَوْجُهَا وَهِي حَامِلٌ فَوَلَدَتْ لأَدْنَى مِنْ أَرْبَعَةِ أَشْهُرٍ مِنْ يَوْمِ مَاتَ . فَقَالَ ابْنُ عَبَّاسٍ آخِرُ الأَجَلَيْنِ . فَقَالَ أَبُو سَلَمَةَ أَخْبَرَنِي رَجُلٌ مِنْ أَصْحَابِ النَّبِيِّ صلى الله عليه وسلم أَنَّ سُبَيْعَةَ الأَسْلَمِيَّةَ جَاءَتْ إِلَى رَسُولِ اللَّهِ صلى الله عليه وسلم فَقَالَتْ تُوُفِّيَ عَنْهَا زَوْجُهَا وَهِيَ حَامِلٌ فَوَلَدَتْ لأَدْنَى مِنْ أَرْبَعَةِ أَشْهُرٍ فَأَمَرَهَا رَسُولُ اللَّهِ صلى الله عليه وسلم أَنْ تَتَزَوَّجَ . قَالَ أَبُو هُرَيْرَةَ وَأَنَا أَشْهَدُ عَلَى ذَلِكَ .
Abu Salamah bin 'Abdur-Rahman said:
"While Abu Hurairah and I were with Ibn 'Abbas, a woman came and said that her husband had died while she was pregnant, then she had given birth less than four months after the day he died. Ibn 'Abbas said: '(You have to wait) for the longer of the two periods.'" Abu Salamah said: "A man from among the Companions of the Prophet told me that Subai'ah Al-Aslamiyyah came to the Messenger of Allah and said that her husband died while she was pregnant, and she gave birth less than four months after he died. The Messenger of Allah told her to get married. Abu Hurairah said: 'And I bear witness to that.'"
'Ubaidullah bin 'Abdullah narrated that his father wrote to 'Umar bin 'Abdullah bin Arqam Az-Zuhri, telling him to go to Subai'ah bint Al-Harith Al-Aslamiyyah and ask her about her Hadith and what the Messenger of Allah had said to her when she consulted him. 'Umar bin 'Abdullah wrote back to 'Abdullah bin 'Utbah telling him that Subai'ah told him, that she was married to Sahl bin Khawlah -who was from Banu 'Amir bin Lu-ayy and was one of those who had been present at Badr- and her husband died during the Farewell Pilgrimage while she was pregnant. She gave birth soon after he died, and when her Nifas ended she adorned herself to receive proposals of marriage. Abu As-Sanabil bin Ba'kak -a man from Banu 'Abd Ad-Dar- went to her and said to her:
'Why do I see you adorned? Perhaps you want to get married, but by Allah you will not get married until four months and ten days have passed.' Subai'ah said: 'When he said that to me, I put on my clothes in the evening and went to the Messenger of Allah and asked him about that. He ruled that it had become permissible for me to marry when I gave birth, and he told me to get married if I wanted to.'"
It was narrated from Yazid bin Abi Habib that Muhammad bin Muslim Az-Zuhri wrote to him mentioning that 'Ubaidullah bin 'Abdullah told him, that Zufar bin Aws bin Al-Hadathan An-Nasri told him that Abu As-Sanabil bin Ba'kak bin As-Sabbaq said to Subai'ah Al-Aslamiyyah:
"It is not permissible for you to get married until four months and ten days, the longer of the two periods, have passed." She went to the Messenger of Allah and asked him about that. She said that the Messenger of Allah ruled that she could get married when she had given birth. She was nine months pregnant when her husband died, and she was married to Sa'd bin Khawlah, who died during the Farewell Pilgrimage with the Messenger of Allah. She married a young man from her people when she had given birth to (the child).
Chapter 56: The 'Iddah Of A Pregnant Woman Whose Husband Dies - كتاب الطلاق
أَخْبَرَنَا كَثِيرُ بْنُ عُبَيْدٍ، قَالَ حَدَّثَنَا مُحَمَّدُ بْنُ حَرْبٍ، عَنِ الزُّبَيْدِيِّ، عَنِ الزُّهْرِيِّ، عَنْ عُبَيْدِ اللَّهِ بْنِ عَبْدِ اللَّهِ، أَنَّ عَبْدَ اللَّهِ بْنَ عُتْبَةَ، كَتَبَ إِلَى عُمَرَ بْنِ عَبْدِ اللَّهِ بْنِ الأَرْقَمِ الزُّهْرِيِّ أَنِ ادْخُلْ، عَلَى سُبَيْعَةَ بِنْتِ الْحَارِثِ الأَسْلَمِيَّةِ فَاسْأَلْهَا عَمَّا أَفْتَاهَا بِهِ رَسُولُ اللَّهِ صلى الله عليه وسلم فِي حَمْلِهَا . قَالَ فَدَخَلَ عَلَيْهَا عُمَرُ بْنُ عَبْدِ اللَّهِ فَسَأَلَهَا فَأَخْبَرَتْهُ أَنَّهَا كَانَتْ تَحْتَ سَعْدِ ابْنِ خَوْلَةَ - وَكَانَ مِنْ أَصْحَابِ رَسُولِ اللَّهِ صلى الله عليه وسلم مِمَّنْ شَهِدَ بَدْرًا - فَتُوُفِّيَ عَنْهَا فِي حَجَّةِ الْوَدَاعِ فَوَلَدَتْ قَبْلَ أَنْ تَمْضِيَ لَهَا أَرْبَعَةُ أَشْهُرٍ وَعَشْرًا مِنْ وَفَاةِ زَوْجِهَا فَلَمَّا تَعَلَّتْ مِنْ نِفَاسِهَا دَخَلَ عَلَيْهَا أَبُو السَّنَابِلِ - رَجُلٌ مِنْ بَنِي عَبْدِ الدَّارِ - فَرَآهَا مُتَجَمِّلَةً فَقَالَ لَعَلَّكِ تُرِيدِينَ النِّكَاحَ قَبْلَ أَنْ تَمُرَّ عَلَيْكِ أَرْبَعَةُ أَشْهُرٍ وَعَشْرًا . قَالَتْ فَلَمَّا سَمِعْتُ ذَلِكَ مِنْ أَبِي السَّنَابِلِ جِئْتُ رَسُولَ اللَّهِ صلى الله عليه وسلم فَحَدَّثْتُهُ حَدِيثِي . فَقَالَ رَسُولُ اللَّهِ صلى الله عليه وسلم
" قَدْ حَلَلْتِ حِينَ وَضَعْتِ حَمْلَكِ " .
It was narrated from 'Ubaidullah bin 'Abdullah that 'Abdullah bin 'Utbah wrote to 'Umar bin 'Abdullah bin Al-Arqam Az-Zuhri, telling him:
"Go to Subai'ah bint Al-Harith Al-Aslamiyyah, and ask her about the ruling of the Messenger of Allah concerning her pregnancy." He said: "So 'Umar bin 'Abdullah went to her and asked her. She told him that she was married to Sa'd bin Khawlah, who was one of the Companions of the Messenger of Allah who had been present at Badr. He died during the Farewell Pilgrimage, and she gave birth before four months and ten days had passed since her husband's death. When her Nifas ended, Abu As-Sanabil -a man from Banu 'Abd Ad-Dar- went to her and saw that she had adorned herself. He said: 'Perhaps you want to get married before four months and ten days has passed?' She said: 'When I heard that from Abu As-Sanabil, I went to the Messenger of Allah and told him my story. The Messenger of Allah said: 'It is permissible for you to marry when you gave birth.''"
"I was sitting with some people in Al-Kufah in a large gathering of the Ansar, among whom was 'Abdur-Rahman bin Abi Laila. They spoke about the story of Subai'ah and I mentioned what 'Abdullah bin 'Utbah bin Mas'ud had said in meaning." (One of the narrators) Ibn 'Awn's saying was: "when she gives birth." Ibn Abi Layla said: 'But his (paternal) uncle did not say that.' I raised my voice and said: 'Would I dare to tell lies about 'Abdullah bin 'Utbah when he is in the vicinity of Al-Kufah?'" He said: "Then I met Malik and said: 'What did Ibn Mas'ud say about the story of Subai'ah?' He said: 'He said: "Are you going to be too strict with her and not allow her the concession (with regard to the 'Iddah)? The shorter Surah about women (At-Talaq) was revealed after the longer one (Al-Baqarah)."'"
It was narrated from 'Alqamah bin Qais that Ibn Mas'ud said:
"Whoever wants, I will meet and debate with him and invoke the curse of Allah upon those who lie. The Verse: 'And for those who are pregnant (whether they are divorced or their husbands are dead), their 'Iddah (prescribed period) is until they lay down their burden.' was only revealed after the Verse about women whose husbands die. 'When a woman whose husband has died gives birth, it becomes permissible for her to marry.'" This is the wording of Maimun (one of the narrators).
It was narrated from Ibn Mas'ud, that he was asked about a man who married a woman, but did not name a Mahr or consummate the marriage before he died. Ibn Mas'ud said:
"She should have a Mahr like that of women like her, no less and no more; she has to observe the 'Iddah, and she is entitled to inherit." Ma'qil bin Sinan Al-Ashja'i stood up and said: "The Messenger of Allah passed a similar judgment among us concerning Birwa' bint Washiq." And Ibn Masud rejoiced at that.
It was narrated from Zainab bint Abi Salamah that Umm Habibah said:
"I heard the Messenger of Allah say this on this Minbar: 'It is not permissible for a woman who believes in Allah and His Messenger to mourn for anyone who dies for more than three days, except for a husband, (for whom the mourning period is) four months and ten days.'"
It was narrated from Al-Fari'ah bint Malik that her husband went out to pursue some slaves and they killed him. Shu'bah and Ibn Juraij said:
"She was in a remote house. She came with her brothers to the Messenger of Allah and told him (about the situation) and he granted her a concession. When she was leaving he called her back and said: 'Stay in your house until the term prescribed is fulfilled.'"
It was narrated from Al-Furai'ah bint Malik that her husband hired some slaves to work for him and they killed him. She mentioned that to the Messenger of Allah and said:
"I am not living in a house that belongs to him, and I do not receive maintenance from him; should I move to my family with my two orphans and stay with them?" He said: "Do that." Then he said: "What did you say?" So she told him again and he said: "Observe your 'Iddah where the news came to you."
It was narrated from Furai'ah that her husband went out to pursue some slaves of his and he was killed on the edge of Al-Qadum. She said:
"I came to the Prophet and mentioned moving to (join) my family." She told him about her situation. She said: "He allowed me, then, when I turned to leave, he called me back and said: 'Stay with your family until the term prescribed is fulfilled.'"
It was narrated from Ibn 'Abbas that this Verse abrogated the woman's 'Iddah among her family, and she may observe her 'Iddah wherever she wants. That is the saying of Allah, the Mighty and Sublime:
Furai'ah bint Malik, the sister of Abu Sa'eed Al-Khudri, said:
"My husband died in Al-Qadum, so I went to the Prophet and told him that our house was remote." He gave her permission then he called her back and said: "Stay in your house for four months and ten days, until the term prescribed is fulfilled."
It was narrated from Humaid bin Nafi' that Zainab bint Abi Salamah told him these three Hadiths. Zainab said:
"I entered upon Umm Habibah, the wife of the Prophet, when her father Abu Sufyan bin Harb died. Umm Habibah called for some perfume and put some on a young girl, then she put some on her cheeks. Then she said: 'By Allah, I do not have any need for perfume but I heard the Messenger of Allah say: It is not permissible for any woman who believes in Allah and the Last Day to mourn for anyone who dies for more than three days, except for a husband, (for whom the mourning period is) four months and ten days.'"
"The Messenger of Allah said: 'No woman should mourn for anyone who dies for more than three days, except for a husband, for whom she should mourn for four months and ten days. She should not wear garments that are dyed or patterned, or put on kohl or comb her hair, and she should not put on any perfume except when purifying herself after her period, when she may use a little of Qust or Azfar.'"
It was narrated from Umm 'Atiyyah that the Prophet said:
"It is not permissible for a woman who believes in Allah and the Last Day, to mourn for anyone who dies for more than three days, except for a husband; she should not use kohl, dye nor wear dyed clothes."
Umm Hakim bint Asid narrated from her mother that her husband died and she had a problem in her eye, so she applied kohl to clear her eyes. She sent a freed slave woman of hers to Umm Salamah to ask her about using kohl to clear her eyes. She said:
"Do not use kohl unless it cannot be avoided. The Messenger of Allah entered upon me when Abu Salamah died and I had put some aloe juice on my eyes. He said: 'What is this, O Umm Salamah?' I said: 'It is aloe juice, O Messenger of Allah, there is no perfume in it.' He said: 'It makes the face look bright, so only use it at night, and do not comb your hair with perfume or henna, for it is a dye.' I said: 'With what can I comb it, O Messenger of Allah?' He said: 'With lote leaves -cover your head with them.'"
Zainab bint Abi Salamah narrated that her mother Umm Salamah said:
"A woman from the Quraish came and said: 'O Messenger of Allah, my daughter's eyes are inflamed; shall I apply kohl to her?' (The daughter's) husband had died so (the Prophet) said: 'Not until four months and ten days (have passed).' Then she said: 'I fear for her sight.' He said: 'No, not until four months and ten days (have passed). During the Jahiliyyah one of you would mourn for her husband for a year, then when one year had passed she would throw a piece of dung.'"