Hadith 3398

(1) The statement: She gave birth after her husband’s death—This means the waiting period for a pregnant woman is until she gives birth, whether in a waiting period due to divorce, annulment, or death, based on His saying: And for those who are pregnant, their term is until they give birth [At-Talaq: 4]. This is the view of Ibn Mas’ud and Umar. Ali said: Her waiting period is the longer of the two terms, as the texts conflict: some mandate waiting for three menstrual periods, as in Surah Al-Baqarah; some four months and ten days, also in it; and some the birth, as in Surah At-Talaq. We said the longer term is obligatory for caution. The response is that the verse about pregnancy is later, so the others are abrogated or specified by it. Ibn Mas’ud said: The short Surah An-Nisa (At-Talaq) was revealed after four months and ten days, narrated by Abu Dawud, An-Nasa’i, and Ibn Majah, meaning His saying: And for those who are pregnant [At-Talaq: 4] is later than His saying: They shall wait [Al-Baqarah: 228], abrogating it regarding what the two verses encompass, which is a pregnant woman whose husband died. Those who are pregnant does not include a non-pregnant woman whose husband died, and Those who die [Al-Baqarah: 234], i.e., the wives of those who die, does not include a pregnant divorced woman. He said: Whoever wishes, I will challenge him. Thus, And for those who are pregnant [At-Talaq: 4], regarding establishing the waiting period for a pregnant divorced woman, is not abrogating, as it does not fall under the verse of Al-Baqarah. Those who die [Al-Baqarah: 234], regarding mandating the waiting period for a non-pregnant woman whose husband died, is not abrogated, as it does not fall under the verse of At-Talaq. Abrogation applies only to what falls under both verses, which is a pregnant woman whose husband died, so her waiting period is by giving birth, not by months. Thus, Al-Shawkani said: The majority of scholars from the predecessors and jurists in the cities held that a pregnant woman whose husband dies completes her waiting period by giving birth.