as a distance for which prayer is not shortened, and the far distance is that for which prayer is shortened; for the rulings of what does not qualify for shortening prayer are the rulings of residence. This is the opinion of Abu Hanifah, except that he does not consider shortening [the prayer] permissible except for a journey of three days. [He said: Whenever the distance between her and her residence is less than three days, she must return to it. If it is more than that, she is obligated to proceed to her destination, and she may observe the waiting period there if the distance between her and it is less than three days.] (6) If the distance between her and it is three days, and she is in a place where it is possible for her to reside, she is obligated to reside there; if it is not possible for her to reside, she proceeds to her destination. Al-Shafi'i said: If she has departed from the town, she has the choice between returning and completing [the journey], because she has arrived at a place where her husband permitted her to be, which is the travel, so it is similar to if she had reached a far distance. Our evidence for the obligation to return if she is nearby is what Sa'id (7) narrated, citing Jarir, from Mansur, from Sa'id ibn al-Musayyib, who said: Some women whose husbands died while they were performing Hajj or 'Umrah were returned by 'Umar from Dhu al-Hulayfah until they completed their waiting period [in their houses] (8). Also, because (9) it was possible for her to observe the waiting period in her home before her journey became a long one, it became incumbent upon her, just as if she had not departed from the town. As for the claim that one who has traveled far is not required to return, it is because there is hardship upon her, and she would need to travel [again] to return, so she is like one who has reached her destination. If a woman who has traveled far chooses to return, she may do so if she can reach her home before the end of her waiting period. Whenever there is fear or harm in her returning, she may proceed on her journey, just as if she had reached a far distance (11). And whenever she returns,
and there remains some part (12) of her waiting period, it is incumbent upon her to complete it in her husband's house, without any difference of opinion that we know of among them regarding that; because it is possible for her to observe the waiting period in it, it became incumbent upon her, just as if she had not traveled from it.
Section: If she had a mandatory Hajj (hajjat al-islam) to perform, and her husband died, she must observe the waiting period in her house even if she misses the Hajj; for the waiting period in the house is a time-bound duty that is missed and has no substitute, whereas the Hajj can be performed in another year. If her husband dies after she has entered into ihram for a mandatory Hajj, or for a Hajj (13) for which her husband gave her permission, you should observe the situation: if the time for Hajj is sufficient and she does not fear missing it, nor missing the company of the caravan, she must observe the waiting period in her house; for it is possible to combine the two rights, so it is not permissible to abandon one of them. If she fears missing the Hajj, she is obligated to proceed with it. This is the view of al-Shafi'i. Abu Hanifah said: She is obligated to remain even if she misses the Hajj; because she is a woman in a waiting period, so it is not permissible for her to initiate a journey, as if she had entered into ihram after the obligation of the waiting period fell upon her. Our evidence is that they are two acts of worship that are equal in obligation and the constraint of time, so it is mandatory to prioritize the one that preceded the other, as if the waiting period had preceded [the ihram]. Furthermore, the Hajj is more emphatic, as it is one of the pillars of Islam, and the hardship caused by missing it is greater, so it is mandatory to prioritize it, just as if her husband had died after her journey to it had become a long one. If she enters into ihram for Hajj after the death of her husband and fears missing it, it is possible that it may be permissible for her to proceed with it, due to the hardship involved in remaining in the state of ihram. It is also possible that she is required to observe the waiting period in her house, because the waiting period takes precedence, and because she was negligent and made things difficult for herself. So, when she finishes the waiting period and the journey to Hajj becomes possible for her, it is incumbent upon her; if she catches it, she does so, otherwise, she exits the state of ihram by performing an 'Umrah, and her ruling in making up for it is the same as the ruling of one who missed the Hajj. If the journey is not possible for her, her ruling is that of the impeded person (al-muhsar) (14), like the one whose husband prevents her from traveling. The ruling for ihram for 'Umrah is the same, whether she fears missing the caravan or not.
Section: If her husband gave her permission to travel for a reason other than relocation, and she departed, then her husband died,
(6) Omitted from the Original. Subject to review. (7) In: The Chapter on Where the Woman Whose Husband Died Observes Her Waiting Period, from the Book of Divorce. al-Sunan 1/317. Also recorded by Imam Malik, in: The Chapter on the Standing of the Woman Whose Husband Died in Her House Until She is Permitted to Remarry, from the Book of Divorce. al-Muwatta 2/591, 592. And al-Bayhaqi, in: The Chapter on the Accommodation of the Woman Whose Husband Died, from the Book of Waiting Periods. al-Sunan al-Kubra 7/435. And 'Abd al-Razzaq, in: The Chapter on Where the Woman Whose Husband Died Observes Her Waiting Period, from the Book of Divorce. al-Musannaf 7/33. And Ibn Abi Shaybah, in: The Chapter on What They Said Regarding the Divorced Woman Being Permitted to Perform Hajj During Her Waiting Period, and Whoever Disliked It, from the Book of Divorce. al-Musannaf 5/182, 183. (8) Omitted from B. (9) In A: "And because it is". (10) In M there is an addition: "was". (11) In A and M: "ba'udat" (reached a far distance).
