Hadith 3401

(1) The statement: It is not permissible for a woman—Al-Shawkani said: The Hanafis and some Malikis used its implication, saying: Mourning is not obligatory for a minor who believes in Allah and the Last Day. It is said in Nayl Al-Awtar: The Hanafis and some Malikis used it as evidence that mourning is not obligatory for a non-Muslim woman.

(2) The statement: To mourn for a deceased person beyond three nights—Thus, it is said in Ad-Durr Al-Mukhtar: Mourning for a relative is permissible for only three days, and the husband may prohibit it, as adornment is his right, as per Fath. It is said in Radd Al-Muhtar: The hadith indicates its permissibility for three days and not beyond, and Muhammad’s unrestricted statement in An-Nawadir about impermissibility is interpreted accordingly, as clarified by Fath. In Al-Bahr from At-Tatarkhaniyya: It is recommended for her to avoid it entirely. The wording of Fath: If she wishes to mourn for a relative for three days and has a husband, he may prohibit her, as adornment is his right, such that he may discipline her for abandoning it if she refuses while he desires it. This mourning is permissible for her, not obligatory, and it affects his right. Its endorsement in Al-Bahr—It is said in An-Nahr: The hadith implies he has no such right, and what is mentioned in Shafi’i books is that he has it. Our principles do not oppose it, so the permissibility in the hadith is interpreted as applying when the husband does not prohibit her, as every permissibility established for something is restricted by the absence of a preventer, otherwise it is not permissible, as here. Since the discussion in Fath falls under their saying that he may discipline her for abandoning adornment, it is consistent with the transmitted, and those after him endorsed it, so the commentator affirmed it. The discussion is not only for the author of An-Nahr, so understand.

(3) The statement: Nor ‘asb clothing—This means the description of mourning is that she does not use perfume, oil, wear jewelry, clothing dyed with saffron or turmeric, ‘asb clothing, or silk for adornment. It is said: It is Yemeni striped fabric; the correct view is that it is fine linen. In An-Nawadir from Abu Yusuf: There is no harm in her wearing fine linen or red silk. The interpretation is that if she wears it without intending adornment, it is as in the agreed-upon hadith. If worn for adornment, it is disliked, as in Al-Bayhaqi’s hadith. This is summarized from Al-Mabsut. Thus, the scholars differed: according to us, she does not wear ‘asb. Shafi’i permitted its fine and coarse types. We interpreted in the agreed-upon hadith that it is Yemeni clothing with white and black, and wearing black is permissible according to the four imams. This is derived from Fath Al-Qadir.

(4) The statement: When she becomes pure—An-Nawawi said: Qust and azfar are two well-known types of incense, not intended for perfume, and they are permitted to remove odor, not for perfuming. This is from Umdat Al-Qari.