Book of Waiting Periods (al-'Idad)
The basis for the obligation of the 'idda (waiting period) is the Qur'an, the Sunnah, and the consensus (ijma'). As for the Qur'an, it is the saying of Allah, the Exalted: "Divorced women shall wait by themselves for three menstrual periods" [2:228]. And His saying, the Transcendent: "And those who have despaired of menstruation among your women, if you are in doubt, their waiting period is three months, and those who have not menstruated. And for those who are pregnant, their term is until they deliver their burden" [65:4]. And His saying, the Exalted: "And those who die among you and leave behind wives, they shall wait by themselves for four months and ten [days]" [2:234]. As for the Sunnah, it is the saying of the Prophet (may Allah bless him and grant him peace): "It is not permissible for a woman who believes in Allah and the Last Day to observe mourning (ihdad) for a deceased person for more than three days, except for a husband, [for whom it is] four months and ten days." He also said to Fatima bint Qays: "Observe your 'idda in the house of Ibn
(1) Surah al-Baqarah 2:228. (2) Surah al-Talaq 65:4. (3) Surah al-Baqarah 2:234. (4) Extracted by al-Bukhari, in: Chapter on Perfume for a Woman Upon Her Washing from Menstruation, from the Book of Menstruation; in: Chapter on a Woman's Mourning for Other Than Her Husband, from the Book of Funerals; and in: Chapter on a Woman Whose Husband Has Died Mourning Four Months and Ten Days, and Chapter on a Mourning Woman Wearing Colored Garments, from the Book of Divorce (Sahih al-Bukhari 1/85, 2/99, 7/76, 77). Muslim, in: Chapter on the Obligation of Mourning During the Waiting Period of Death and Its Prohibition Otherwise Except for Three Days, from the Book of Nursing (Sahih Muslim 2/1123-1127). Abu Dawud, in: Chapter on the Mourning of a Woman Whose Husband Has Died, and Chapter on What a Woman in Her 'Idda Should Avoid, from the Book of Divorce (Sunan Abi Dawud 1/535-537). Al-Tirmidhi, in: Chapter on What Has Been Said Regarding the 'Idda of a Woman Whose Husband Has Died, from the Book of Divorce ('Aridat al-Ahwadhi 5/172, 173). Al-Nasa'i, in: Chapter on Mourning, Chapter on the Lifting of Mourning from a Scriptuary (Christian or Jewish) Woman Whose Husband Has Died, Chapter on What a Mourning Woman Should Avoid Regarding Dyed Garments, and Chapter on Dyeing for a Mourning Woman, from the Book of Divorce (al-Mujtaba 6/164-168). Ibn Majah, in: Chapter on Whether a Woman Mourns for Other Than Her Husband, from the Book of Divorce (Sunan Ibn Majah 1/674). Al-Darimi, in: Chapter on the Prohibition for a Woman to Adorn Herself During Her 'Idda, from the Book of Divorce (Sunan al-Darimi 2/167, 168). Imam Malik, in: Chapter on What Has Been Said Regarding Mourning, from the Book of Divorce (al-Muwatta 2/597, 598). Imam Ahmad, in: al-Musnad 5/85, 6/37, 184, 249, 281, 286, 287, 324-326, 408, 426.