Question Summary:
i stand for correction ,but i think that it it should be stated that the iddat will have to be still regarded as commenced from the divorce.ie.she does not have to restart counting her iddat from the time of the death. Question Detail:
i stand for correction ,but i think that it it should be stated that the iddat will have to be still regarded as commenced from the divorce.ie.she does not have to restart counting her iddat from the time of the death.
Answer :
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In the name of Allāh, Most Gracious, Most Merciful
Assalāmu ῾alaykum wa Rahmatullāhi Wabarakātuh
Before attending to your query, we wish to expound on the answer issued previously, as it requires further details. Hereunder are the details:
If a man divorces his wife and thereafter passes away during her ‘iddah of talāq, then there are one of two scenarios:
Either he issued a:
talāq raj’ī
talāq bā’in or three talāqs
1. If he issued a talāq raj’ī, then he issued it either during his:
1.1.normal health, or
1.2.in the sickness that led to his death
In the above two cases (i.e. when the husband issued talāq raj’ī in normal health or in the sickness that led to his death), the ‘iddah of the wife will change from the ‘iddah of divorce to the ‘iddah of death (i.e. four months and ten days if she is not conceived or else till birth). Therefore, she will spend four months and ten days in ‘iddah. She will start to count her four months and ten days from the time of her husband’s death. The days spent in the ‘iddah of talāq will not be counted.[1]
2. If he issued a talāq bā’in or three talāqs, then as above, he issued it either during his:
2.1.normal health, or
2.2.in the sickness that led to his death
The ruling of the above two cases will differ.
If the talāq was issued during his normal health, then she will continue her ‘iddah of talāq as normal .i.e. she will spend three menstrual periods in ‘iddah from the time of divorce. Upon the completion of these three menstrual periods, her ‘iddah will terminate. Her ‘iddah will not change to the ‘iddah of death.[2]
And if the talāq was issued during the sickness that led to his death, then she will observe the ‘iddah that will take longer to complete (between the ‘iddah of divorce and the ‘iddah of death). She will count the iddah of divorce from the time the divorce was issued and the ‘iddah of death from the time of the husband’s demise.[3]
We hope the above clarifies your query.
And Allāh Ta῾āla Knows Best
Wassalāmu ῾alaykum
Muftī Talha Desai,
Checked and Approved by:
Mufti Ebrahim Desai
Dārul Iftā, Madrasah In῾āmiyyah
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