have moved her, so life became a condition for the relocation. As for if she moved to the second [house], then returned to the first to move her belongings, and her husband died while she was there, she is obligated to return to the second; because it became her residence by her moving to it, and she only returned to the first for a need, and the consideration is for her residence, not for her [physical] location. If he died while she was in the second, and she said, "My husband permitted me to reside in this place," and the heirs denied that, or she said, "My husband only permitted me to come here, not to reside here," and the heirs denied that, then the statement is hers; because she is more knowledgeable of that than them. Every case in which we said: she is obligated to travel from her city, it is conditional upon the presence of her mahram (unmarriageable kin) traveling with her, and the security of her person, due to the saying of the Messenger of Allah (may Allah bless him and grant him peace): "It is not permissible for a woman who believes in Allah and the Last Day to travel the distance of a day and a night unless she is with a mahram of her family" (18), or as he said.

1366- Issue: He said: (And if her husband divorces her, or dies while he is away from her, her waiting period is from the day he died or divorced, if that is established to her, even if she did not abstain from what a woman in her waiting period abstains from.)

This (1) is the well-known position in the Madhhab, that whenever her husband dies or divorces her, her waiting period is from the day of his death or his divorce. Abu Bakr said: I know of no disagreement from Abu Abdullah (Ahmad ibn Hanbal) that the waiting period is incumbent from the time of death and divorce, except for what Ishaq ibn Ibrahim narrated. This is the position of Ibn Umar, Ibn Abbas, Ibn Masud, Masruq, Ata, Jabir ibn Zayd, Ibn Sirin, Mujahid, Said ibn Jubayr, Ikrimah, Tawus, Sulayman ibn Yasar, Abu Qilabah, Abu al-Aliyah, al-Nakhai, Nafi, Malik, al-Thawri, al-Shafii, Ishaq, Abu Ubayd, Abu Thawr, and the People of Opinion (Ashab al-Ray). And narrated from Ahmad: If evidence is established for that, then it is as we mentioned (2). Otherwise, her waiting period is from