Hadith 3399

(1) The statement: The Messenger of Allah said: No—There is agreement that a woman whose husband died must observe mourning during her waiting period. For an irrevocably divorced woman, i.e., one by mutual agreement or divorced three times or with an irrevocable divorce, she must observe mourning during her waiting period according to us. Shafi’i said: She does not observe mourning, as the text pertains to a woman whose husband died, and mourning for her is to express sorrow for the husband’s death, who was faithful to her until death separated them, which is not present for a divorced woman, as her husband neglected her and preferred another, so she should show joy at being free from him, not sorrow. Our view is that it is obligatory to express sorrow for the loss of the blessing of marriage, which protected her chastity and sufficed her needs. Irrevocable divorce is more final than death, such that she could wash him when dead before irrevocability, but not after. It is not obligatory for a man, despite losing the blessing of marriage, because mourning follows the waiting period, and thus it is not permissible for her to mourn for anyone other than the husband, like a child, due to the absence of a waiting period. Our evidence is also what is narrated that he prohibited a woman observing her waiting period from kohl, oil, and dyeing with henna, narrated by An-Nasa’i, supported by what At-Tahawi narrated from Ibrahim An-Nakha’i. The description of mourning is that she does not use perfume, oil, wear jewelry, or clothing dyed with saffron or turmeric, as the purpose of these is adornment, which is contrary to expressing sorrow, and they are means of attracting men, which she is prohibited from during her waiting period. She does not apply kohl for adornment either, but if her eyes are afflicted, there is no harm in applying black kohl, as it is narrated that a woman whose husband died sought permission from the Messenger of Allah (ﷺ) to apply kohl initially, and he permitted her. When she reached the door, he called her back, saying: One of you in the pre-Islamic era… The interpretation is that he initially thought she did not intend adornment and permitted her, then realized she intended adornment and prohibited her. For a woman with a revocable divorce, there is no harm in using perfume or adorning with whatever clothing she wishes, as the blessing and permissibility of marriage have not ceased, and the husband is encouraged to take her back, and adornment encourages him to do so, so she is also encouraged to do it. This is summarized from Al-Mabsut.

(2) The statement: Except for an unavoidable need—Thus, it is said in Al-Kanz: A woman observing mourning for irrevocable divorce or death must abstain from adornment, perfume, kohl, and oil except with an excuse. In Al-Marqah: Ahmad said: It is not permissible for a woman whose husband died to apply antimony kohl, whether for an eye affliction or otherwise. According to us and Malik, it is permissible to apply it for an affliction. Shafi’i said: She applies kohl for an affliction at night and wipes it off during the day. It is said in Radd Al-Muhtar: Some Shafi’is restricted applying kohl for an excuse to nighttime, then removing it during the day, as narrated in the hadith. I have not seen any of our scholars restrict it thus, and it seems understood from the principle that necessity is limited to its extent. If the night or day suffices, she restricts it to the night and does not reverse it, as the night conceals the adornment of kohl, which is the interpretation of the hadith. Allah, the Exalted, knows best.

(3) The statement: From Ibrahim—It is said in Al-Inayah: Ibrahim lived in the era of the companions and competed with them in issuing rulings, so it is permissible to follow him.

(4) The statement: He prohibited a woman observing her waiting period—It is said in Fath Al-Qadir: We said there is a text in the disputed matter, which is this hadith, mentioned by As-Saruji, attributed to An-Nasa’i, and it is possible it is in some of his books.