535 - Issue; he said: "A woman whose husband has died while she is in I'tikaf shall leave to complete the 'Iddah (waiting period), and she shall do as the one who left for a trial did."

The summary is that if a woman in I'tikaf has her husband pass away, it becomes mandatory for her to leave to complete the 'Iddah. This is the opinion of al-Shafi'i. Rabi'ah, Malik, and Ibn al-Mundhir said: She continues her I'tikaf until she finishes it, then she returns to her husband's house and observes the 'Iddah there; because a vowed I'tikaf is obligatory, and observing the 'Iddah in the house is obligatory, so two obligations have conflicted, and the earlier of the two is given precedence. Our position is that observing the 'Iddah in her husband's house is obligatory, so it is incumbent upon her to leave for it, just like the Friday prayer is in the case of a man. Their evidence is invalidated by [the precedent of] leaving for Friday prayer and other obligatory acts. The apparent meaning of the words of al-Khiraqi is that she is like the one who left for a trial, and that she continues [her I'tikaf later], performs make-up, and offers expiation. The Qadi said: There is no expiation upon her; because her leaving is mandatory. The discussion on this has already passed (1).

Section: A wife may not observe I'tikaf except with her husband's permission, and a slave may not observe I'tikaf except with his master's permission; because their benefits are owned by others, and I'tikaf causes these benefits to be lost and prevents them from being fulfilled, and it is not obligatory for them by Sharia, so they [the husband/master] have the right to forbid them from it. The umm al-walad (slave mother of her master's child) and the mudabbar (slave promised freedom after master's death) are like the absolute slave in this regard, because ownership remains over them. If the master and the husband permit them, then wish to make them leave it after they have commenced it, they may do so in the case of a voluntary I'tikaf. This is the opinion of al-Shafi'i. Abu Hanifah said regarding the slave the same as our position, but regarding the wife, he said: Her husband has no right to make her leave; because she possesses [the right of I'tikaf] through the authorization, so the permission waived his right to her benefits and authorized her to utilize them, thus he has no right to retract it, just as if he had permitted her to perform Hajj and she had entered into its state of consecration (ihram). This is contrary to the slave, for he does not possess [such rights] through authorization. Malik said: He has no right to annul their I'tikaf; because they entered into it for themselves by utilizing benefits they possessed for the sake of Allah the Exalted, so it is not permissible to retract it, just as if they had entered into the state of Ihram for Hajj with their permission.