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Subay‘ah al-Aslamiyyah (may Allah be pleased with her) reported that she was married to Sa‘d ibn Khawlah, who belonged to the tribe of ‘Āmir ibn Lu’ay. He was one of the Companions who participated in the battle of Badr. He died during the Farewell Hajj while Subay‘ah was pregnant. Shortly after his death, she delivered her child. When her post-natal bleeding stopped, she beautified herself for prospective suitors. Abu As-Sanābil ibn Ba‘kak (a man from the tribe of Banu ‘Abd Ad-Dār) entered upon her and said: "Why are you thus adorned? Perhaps you wish to remarry? By Allah, you cannot remarry unless four months and ten days (of ‘Iddah) have passed." Subay‘ah said: "When he said that, I put on my clothes in the evening and I went to the Messenger of Allah (may Allah's peace and blessings be upon him). I asked him about that, and he gave me a Fatwa that remarrying had became lawful to me when I delivered my child, and he ordered me to marry if I so wished." Ibn Shihāb said: "I do not find anything wrong with her marrying right after she gives birth, even if she is still bleeding (post-partum) except that her new husband should not approach her until she attains purity (when the bleeding stops).
Attribution: Narrated by Bukhari & Muslim
Grade: Authentic hadith
Sa‘d ibn Khawlah (may Allah be pleased with him) died leaving behind his wife Subay‘ah al-Aslamiyyah who was pregnant at the time. Soon after his death she gave birth. Once she became pure from her post-natal bleeding, and knowing that her ‘Iddah was over with the childbirth and that it was permissible for her to marry, she adorned and beautified herself. Abu As-Sanābil entered upon her as she was thus beautified and adorned, and realized that she had done so in order to appeal to the suitors. So, he swore by Allah, based upon his knowledge at that time, that it was not permissible for her to marry unless four months and ten days had passed after the death of her husband, based upon Allah's statement in the Qur'an: {And those who are taken in death among you and leave wives behind - they (the wives, shall) wait four months and ten (days)} [Sūrat al-Baqarah : 234]. As Subay‘ah was uncertain about the knowledge she had of this issue, and Abu As-Sanābil affirmed his claim by swearing by Allah, she went to the Prophet (may Allah's peace and blessings be upon him) and asked him about it. The Prophet (may Allah's peace and blessings be upon him) gave her a religious verdict stating that it was permissible for her to marry as soon as she gave birth. If she wished to marry, then she was entitled to it, based on Allah's words in the Qur'an: {And for those who are pregnant, their term is until they give birth} [Sūrat At-Talāq: 4]. Hence, the woman whose husband died while she is pregnant, her waiting period ends when she delivers her child, and the woman who is not pregnant, her waiting period is four months and ten days.
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