the beginning of the menstrual periods is from the time he divorced, and the beginning of the death 'idda is from the time of death. This is the school of al-Shafi'i. If he divorces all of them three times after that, all of them must complete the 'idda of divorce from the time he divorced them. If he divorces three and forgets them, it is as if he had divorced one.

1350- Issue: He said: "And if he dies leaving her, whether he is a free man or a slave, before consummation or after it, her 'idda is completed upon the end of four months and ten [days], if she is a free woman, and upon the end of two months and five days, if she is a slave woman."

All scholars are in agreement that the 'idda of a free Muslim woman who is not pregnant, upon the death of her husband, is four months and ten days, whether the marriage was consummated or not, and whether she is a mature adult or a minor who has not yet reached maturity. This is due to His saying, the Almighty: "And those of you who die and leave wives behind them, they (the wives) shall wait (as regards their marriage) for four months and ten days" [Surat al-Baqarah: 234]. The Prophet (may Allah bless him and grant him peace) said: "It is not permissible for a woman who believes in Allah and the Last Day to mourn for a dead person for more than three days, except for a husband, for four months and ten days." (Agreed upon). If it is said: Why did you not restrict the verse to the one whose marriage was consummated, just as you said regarding His saying, the Almighty: "And the divorced women shall wait (as regards their marriage) for three menstrual periods" [Surat al-Baqarah: 228]? We say: We only restricted the latter by His saying, the Almighty: "O you who believe! When you marry believing women, and then divorce them before you have touched them, no 'idda (prescribed period) have you to count in respect of them" [Surat al-Ahzab: 49]. There is no text restricting the death 'idda, nor is it possible to use analogy to the divorced woman in restricting it for two reasons: First, marriage is a life-long contract, so if he dies, it terminates, and when a thing terminates, its rulings are finalized, just as the rulings of fasting are finalized upon the entry of night, and the rulings of leasing upon its expiration; the 'idda is one of its rulings. Second, if a divorced woman comes with a child, the husband can deny and negate it through li'an (imprecation), but this is impossible regarding a dead person, so one is not secure from her bringing a child, which would then be attributed to the deceased, and he has no one to negate it. Thus, we have exercised caution by obligating the 'idda upon her to protect her from engaging in new activities and staying outside her home, as a means of protecting her.