English
Ibrahim narrated that a divorced woman does not leave her house for any reason, valid or invalid, until her waiting period ends. A woman whose husband has died may leave for an essential need but must not spend the night outside her house. [Narrated by Muhammad in Al-Athar] The hadith of Jabir: My aunt was divorced—This is a specific incident with no general application. Imam At-Tahawi said: It is possible that what Jabir’s aunt was ordered was specific, and the mourning was only for the first three days of the waiting period, then it was abrogated, and mourning was made obligatory for the entire waiting period.
Commentary and footnotes (2)
Note 2
(2) The statement: A divorced woman does not leave her house—This means the waiting period for an irrevocably or revocably divorced woman, or one whose husband has died, is in her husband’s house. For an irrevocably or revocably divorced woman, it is not permissible to leave day or night. A woman whose husband has died may leave during the day. The prohibition of a divorced woman leaving is based on His saying: Do not expel them from their homes, nor should they leave, except if they commit a clear immorality [At-Talaq: 1]. The immorality is the act of leaving itself, as Al-Nakha’i said. Ibn Mas’ud said: It is adultery, so they leave for the prescribed punishment. Ibn Abbas said: It is her rebellion or abusive speech. As for a woman whose husband has died leaving during the day, it is because she has no maintenance, so she needs to leave during the day for her livelihood, unlike a divorced woman, as her maintenance is provided by her husband. This is from Al-Hidayah and its commentary Al-Binayah. Those who obligated staying in the husband’s house for a woman whose husband died include Umar, Uthman, Ibn Mas’ud, Ibn Umar, Umm Salamah, Sa’id ibn Al-Musayyib, Al-Qasim, Al-Awza’i, Malik, Shafi’i, Ahmad, Ishaq ibn Rahwayh, and Abu Ubaidah. Al-Qari used as evidence His saying: Those who die and leave wives behind, a bequest for their wives of provision for a year without expulsion [Al-Baqarah: 240], indicating she does not leave her husband’s house. When the period of a year was abrogated to four months and ten days, and the bequest was abrogated, the prohibition on leaving remained. Az-Zurqani mentioned that Al-Layth, Malik, and a group said a divorced woman may also leave during the day, based on Jabir’s hadith in Muslim: My aunt was divorced and wanted to harvest her palm trees, and a man forbade her from leaving, but the Prophet (ﷺ) ordered her, saying: Yes, harvest your palm trees, for perhaps you will give charity or do good. The response is that it is a specific incident with no general application. This is from At-Ta’liq Al-Mumajjad. Thus, it is said in Ad-Durr Al-Mukhtar: A woman observing a revocable or irrevocable waiting period, regardless of the type of separation, does not leave, as per Az-Zahiriyyah. If she is divorced by mutual agreement (khul‘) on maintenance for her waiting period, in the most correct view, or on housing, she must rent her husband’s house, as per Mi’raj.
Note 1
اب رہا حضرت جابر رضی اللہ عنہ کی حدیث جس میں مذکور ہے کہ ان کی خالہ کو تین طلاقیں دی گئیں تھیں، انہوں نے عدت کے اندر ارادہ کیا کہ گھر سے باہر جا کر کھجوروں کو باغ سے توڑ لائیں تو ایک شخص نے ان کو باہر جانے سے منع کیا وہ نبی کریم صلی اللہ علیہ وآلہ وسلم کے پاس آئیں تو آپ نے ان کو اجازت دیدی یہ اجازت ان کے لیے خصوصی تھی اس کو ہر ایک کے لئے عمومی نہیں کہا جا سکتا۔ اور امام طحاوی رحمۃ اللہ علیہ نے فرمایا ہے کہ حضرت جابر رضی اللہ عنہ کی خالہ کو طلاق کے بعد باہر نکلنے کی جو اجازت دی گئی غالباً اس زمانہ کا واقعہ ہوگا جس میں بیوی کے لئے شوہر کے انتقال پر عدت کے دوران صرف تین دن سوگ منانے کا حکم تھا جو منسوخ ہو گیا اور عورت کے لئے پوری عدت یعنی چار مہینہ دس دن سوگ منانے کا حکم ہوا۔