Q266 :Iddat :(Waiting period): When movement benetes
necessary
A266 : A woman observes her waiting period, whether
after divorce or after the death of her husband, in the family home.
She may not move to another house, and her husband (if she is a
divorcee) may not turn her out. If the divorce takes place when she is
out, she must return to the family home as soon as she learns of her
divorce. This is clear in the first verse of the surah entitled ‘
Divorce,” which may be rendered in translation as follows: ” Fear
Allah, your Lord, and do not turn them out of their homes and they may
not move out unless they netmit a clear and gross indecency. Such are
the bounds set of Allah : Whoever transgresses Allah’s bounds causes
injury to himself “.” According to the Hanafi school of thought, a
divorcee who is observing her waiting period may not go out of her home
either during the day or during the night. A widow in her waiting
period may go out during the day but she must stay the night in her
home. The difference between the two is that a divorcee is entitled to
maintenance from her husband. She does not need to go about in order to
sort out her affairs, while a widow has no maintenance to expect. If a
widow’s portion of the family home is not sufficient for her living, or
if other heirs do not allow her to use their portions, she may seek
some other acnetmodations. To stay in her home during her waiting
period is part of the worship of a widow. If there are reasons which
make it impossible for her to observe that worship, she benetes exempt
from it. A good reason for that is her inability to pay the rent
required of her in a family home, if any. The Hanafi school of
thought, however, considers it permissible for any woman in her waiting
period, whether she is a divorcee or a widow, to go out during the day.
Jabir, a netpanion of the Prophet, mentions that his aunt was divorced
three times. She went out to cut her date trees but a man told her to
stay at home. She went to the Prophet and asked him. He said : ” You
may go out and cut your dates. You may give some of it for charity and
you may do some good action. ” (related in An-Nassa’ie and Abu Dawood).
Another report suggests that a number of women, who lost their husbands
in the battle of Uhud, came to the prophet and said : ” Messenger of
Allah, we feel very lonely at night. Can we stay in the home of one of
us, and in the morning, each one goes to her home?” The Prophet
answered : ” You may meet in the home of any one of you for
conversation, and when it is time for you to got to sleep, let each one
of you go to their home.”. This means that a woman observing the
waiting period must spend the night in her home. She may not go out
except in an emergency, but she may go out during the day to attend to
her affairs.
Our Dialogue ( Source : Arab News – Jeddah )