And He assigned the remainder to the rest of the heirs, and the residence is part of the estate, so it is required that she not be entitled to more than that from it. Furthermore, she is separated from her husband, so she is analogous to a woman divorced three times. As for when she is pregnant, and we have said she has the right to housing, it is because she is pregnant by her husband, so housing is mandatory for her, by analogy to the divorced woman. As for the verse they used as evidence, it is abrogated. As for the Prophet's (peace be upon him) command to Furay'a to reside, it was an individual case; it is possible that he (peace be upon him) knew that the heir would grant permission for that, or that the command indicates the obligation of housing upon her, and this is constrained by possibility, and the permission of the heir is among the things by which possibility (49) is achieved. So, when we say she has the right to housing, she is more entitled to reside in the dwelling she was living in than the heirs and the creditors, from the capital of the deceased, and it may not be sold for his debt in a way that prevents her from residing in it (49), until she completes her 'iddah. This is the opinion of Malik, al-Shafi'i, Abu Hanifa, and the majority of scholars. If that residence (50) is unavailable, it is upon the heir to rent a residence for her from the wealth of the deceased; if he does not do so, the judge shall compel him. She does not have the right to move from her residence except for a necessity, as we have mentioned. If the heir and the woman agree on her moving from it, it is not permissible, because this housing is connected to a right of Allah the Almighty, for it is obligatory for the 'iddah, and the 'iddah is connected to a right of Allah the Almighty, so their agreement to nullify it is not permissible, unlike the housing of marriage; for that is a right of both of them. Furthermore, the housing here is part of the state of mourning (ihdad), so it is not permissible to agree to abandon it, like the other aspects of ihdad. They do not have the right to remove her unless she commits clear indecency (fahisha mubayyina), due to the saying of Allah the Almighty: "Do not turn them out of their houses, nor should they leave, unless they commit a clear indecency" (51). This is that she uses abusive (52) language toward her in-laws and harms them with insults and the like. This was narrated from Ibn Abbas, and it is the opinion of the majority. Ibn Mas'ud and al-Hasan (49) said: It is adultery, due to the saying of Allah the Almighty: "And those who commit adultery from your women, bring four witnesses against them" (53). Their removal is the removal for the purpose of carrying out the hadd penalty for adultery, and then she is returned to her place. Our evidence is that the verse implies removal from the housing, and this does not materialize in what they have stated. As for "fahisha," it is a term for adultery and other obscene speech; it is said: "So-and-so was obscene (afhasha) in his speech." For this reason, it is narrated from the Prophet (peace be upon him) that Aisha said to him: "O Messenger of Allah, you said to so-and-so: 'He is a bad brother of the tribe,' but when he entered, you spoke gently to him." He replied: "O Aisha, Allah does not love obscenity (fuhsh) or the practice of it (tafahhush)" (54). When this is established, the heirs may remove her from that residence to another residence in the house if it is large enough to contain them. If it cannot contain them, or it is not possible to move her to another place within the house, or they cannot be free from her harm by doing so, then they have the right to move her. Some of our companions said: They are the ones who should move away from her, because her residence is mandatory in the place, and it is not mandatory upon them. The text indicates that she is the one to be removed, so what contradicts it is not to be paid attention to (56). Furthermore, the indecency is from her, so the removal is for her. If her in-laws are the ones who harm her and use obscene language toward her, they are the ones who are moved, not her, for she has not committed an indecency, so she is not to be removed according to the requirements of the text, and because the sin is theirs, they are singled out (57) for removal. If the residence belongs to someone other than the deceased, and its owner volunteers to house her in it, she is required to observe her 'iddah there. If he refuses to house her except for rent, it is mandatory to pay it from the wealth of the deceased, unless someone volunteers to pay it, then she is required (58) to observe her 'iddah there. If the owner (59) moves her...