because it was a loan and he reclaimed it, or it was a lease whose term expired, or he prevented her from residing there unjustly, or he refused to rent it to her, or he demanded more than the fair market rental value for it, or she did not find (45) the means to rent, or she found nothing except from her own wealth, then she has the right to move; because this is a situation of necessity (udhr). It is not required of her to provide (46) the rent for the residence, for what is incumbent upon her is the act of residing, not the acquisition of the residence itself. When residing becomes impossible, the obligation lapses, and she may reside wherever she wishes. The Qadi mentioned this. Abu al-Khattab mentioned that she should move to the nearest place to which it is possible for her to move. This is the school of al-Shafi'i, because it is closer to the place of obligation (47), which is analogous to one upon whom Zakat is obligatory in a place where he cannot find the rightful recipients (ahl al-suhman); he should transfer it to the nearest place where he finds them. Our evidence is that the obligation was lifted due to a necessity, and no replacement was provided by the Lawgiver (al-shar'), so it is not obligatory, just as Hajj is dropped due to inability to perform it or the absence of a condition, or as in the case of the one in i'tikaf (seclusion in the mosque) when he is unable to perform it in the mosque. Furthermore, what they have mentioned is establishing a ruling without a textual basis (nass) or a meaning of a text; for the meaning of observing 'iddah in her house is not found in residing in a nearby place. It also differs from (the case of) the recipients of charity (ahl al-suhman), for the intent there is the benefit of those closest, and in moving it to the nearest place where he finds them, the benefit of the closest is achieved; thus it is obligatory for that reason.

Section: Our companions said: There is no (right to) housing for the woman whose husband has died if she is not pregnant, according to a single narration. If she is pregnant, there are two narrations. Al-Shafi'i has two opinions regarding the housing of the woman whose husband has died. The basis for it being obligatory is the saying of the Almighty: "Those who die among you and leave behind wives, a bequest for their wives: maintenance for a year without being turned out." Then a portion of the period was abrogated (48), and the rest remained obligatory. And because the Prophet (peace be upon him) commanded Furay'a to reside in her house without the permission of the heirs. If the residence were not obligatory, she would not have the right to reside there except with their permission, just as she does not have the right to dispose of any of her husband's wealth without their permission. Our evidence is that Allah the Almighty has assigned to the wife one-eighth or one-fourth of the estate.