Widow/Widower

Sura-2 [Al-Baqara medina 87]

The Quranic Text & Ali’s version

وَالَّذِينَ يُتَوَفَّوْنَ مِنكُمْ وَيَذَرُونَ أَزْوَاجًا يَتَرَبَّصْنَ بِأَنفُسِهِنَّ أَرْبَعَةَ أَشْهُرٍ وَعَشْرًا...

2:234. If any of you die and leave widows behind, they shall wait concerning themselves four months and ten days:

C267. The 'Iddah of widowhood (four months and ten days) is longer than the 'Iddah of divorce (three monthly courses, 2:228).

In the latter the only consideration is to ascertain if there is any unborn issues of the marriage dissolved. This is clear from 33:49, where it is laid down that there is no 'Iddah for virgin divorces.

In the former there is in addition the consideration of mourning and respect for the deceased husband.

In either case, if it is proved that there is unborn issue, there is of course no question of remarriage for the woman until it is born and for a reasonable time afterwards.

Meanwhile here maintenance on a reasonable scale is chargeable to the late husband or his estate.

... فَإِذَا بَلَغْنَ أَجَلَهُنَّ فَلاَ جُنَاحَ عَلَيْكُمْ فِيمَا فَعَلْنَ فِي أَنفُسِهِنَّ بِالْمَعْرُوفِ...

when they have fulfilled their term, there is no blame on you if they dispose of themselves in a just and reasonable manner.

... وَاللّهُ بِمَا تَعْمَلُونَ خَبِيرٌ ﴿٢٣٤﴾

And Allah is well acquainted with what ye do.

وَلاَ جُنَاحَ عَلَيْكُمْ فِيمَا عَرَّضْتُم بِهِ مِنْ خِطْبَةِ النِّسَاء أَوْ أَكْنَنتُمْ فِي أَنفُسِكُمْ...

2:235. There is no blame on you if ye make an offer of betrothal or hold it in your hearts.

C268. A definite contract of remarriage for the woman during her period of 'Iddah of widowhood is forbidden as obviously unseemly, as also any secrecy in such matters. It would bind the woman at a time when she is not fitted to exercise her fullest judgment.

But circumstances may arise when an offer (open for future consideration but not immediately decided), may be to her interests, and this is permissible. (R).

... عَلِمَ اللّهُ أَنَّكُمْ سَتَذْكُرُونَهُنَّ وَلَـكِن لاَّ تُوَاعِدُوهُنَّ سِرًّا إِلاَّ أَن تَقُولُواْ قَوْلاً مَّعْرُوفًا...

Allah knows that ye cherish them in your hearts: but do not make a secret contract with them except in terms honorable,

... وَلاَ تَعْزِمُواْ عُقْدَةَ النِّكَاحِ حَتَّىَ يَبْلُغَ الْكِتَابُ أَجَلَهُ...

nor resolve on the tie of marriage till the term prescribed is fulfilled.

... وَاعْلَمُواْ أَنَّ اللّهَ يَعْلَمُ مَا فِي أَنفُسِكُمْ فَاحْذَرُوهُ...

And know that Allah knoweth what is in your hearts and take heed of Him;

... وَاعْلَمُواْ أَنَّ اللّهَ غَفُورٌ حَلِيمٌ ﴿٢٣٥﴾

and know that Allah is Oft Forgiving, Most Forbearing.

وَالَّذِينَ يُتَوَفَّوْنَ مِنكُمْ وَيَذَرُونَ أَزْوَاجًا...

2:240. Those of you who die and leave widows

... وَصِيَّةً لِّأَزْوَاجِهِم مَّتَاعًا إِلَى الْحَوْلِ غَيْرَ إِخْرَاجٍ...

should bequeath for their widows a year's maintenance and residence;

C273. Opinions differ whether the provision (of a year's maintenance, with residence) for a widow is abrogated by the share which the widow gets (one-eighth or one- fourth) as an heir (4:12).

I do not think it is.

The bequest (where made takes effect as a charge on the property, but the widow can leave the house before the year is out, and presumably the maintenance then ceases.

... فَإِنْ خَرَجْنَ فَلاَ جُنَاحَ عَلَيْكُمْ فِي مَا فَعَلْنَ فِيَ أَنفُسِهِنَّ مِن مَّعْرُوفٍ...

but if they leave (the residence), there is no blame on you for what they do with themselves, provided it is reasonable,

... وَاللّهُ عَزِيزٌ حَكِيمٌ ﴿٢٤٠﴾

and Allah is Exalted in Power, Wise.

2: 234 And any of you die and leave wives behind, they shall undergo, without remarrying, a waiting period of four months and ten days; whereupon, when they have reached the end of their waiting-term, there shall be no sin in whatever they may do with their persons in a lawful manner. And God is aware of all that you do.

2:235 But you will incur no sin if you give a hint of marriage-offer to these women, or if you conceive such an intention without making it obvious: God knows that you intend to ask them in marriage. Do not, however, plight your troth with them in secret, but speak only in a decent manner; and do not proceed with tying the marriage -knot ere the ordained (term of waiting) has come to its end. And know that God knows what is in your minds, and therefore remain conscious of Him; and know, too, that God is much -forgiving, forbearing.

2:240 And if any of you die and leave wives behind, they bequeath thereby to their widows (the right to) one year’s maintenance without their being obliged to leave (the dead husband’s home). If however, they leave (of their own accord), there shall be no sin in whatever they may do with themselves in a lawful manner.