The Woman Whose Husband Has Died Leaving Her Home Without Need

Question
I was asked about a woman whose husband has died, is it permissible for her to leave her home without need and necessity?
Answer
I say, and with God's success: Some who do not follow the path of our righteous predecessors in knowledge and education, and give fatwas based on what their souls suggest to them without adhering to the statements of our esteemed previous jurists regarding the accepted jurisprudential schools for issuing fatwas, say that a woman whose husband has died may leave the house without reason, excuse, or need, and that her staying at home is a form of imprisonment during her waiting period (iddah), and that she is only required to spend the nights in her home, while during the day she may go wherever she wishes. This statement contradicts the Quran regarding the prohibition of expelling the woman in waiting and her leaving her home. Allah, the Exalted, said: {Do not expel them from their homes, nor should they leave unless they commit a clear immorality. Those are the limits of Allah, and whoever transgresses the limits of Allah has certainly wronged himself. Perhaps Allah will bring about, after that, a different matter.} [At-Talaq: 1]. This is also what our esteemed jurists have stated in our recognized jurisprudential schools, to the extent that the eminent jurist Ibn Hajar al-Haytami, a Shafi'i, considered the departure of a woman in waiting from her home, especially one whose husband has died, to be one of the major sins. He stated in "Al-Zawajir" about committing major sins 2: 101: "The ninety-seventh major sin after the two hundred: The departure of a woman in waiting from the residence she is required to remain in until her waiting period ends without a legal excuse. This is not far-fetched when compared to her leaving her husband's house without his permission; rather, it is more appropriate for a woman in waiting due to death, because her staying in the residence is a confirmed right for Allah regarding the preservation of lineage and others." Imam Siraj al-Din Umar ibn Najim stated in "Al-Nahr al-Fa'iq" explaining "Kanz al-Daqa'iq" 2: 486: "A woman whose husband has died is permitted to leave only for the necessity of earning a living; if she can manage it, then there is no necessity for her, unlike the divorced woman, for her maintenance is upon him." The concluding remarks of the eminent scholar Ibn Abidin on his words stated in "Manhat al-Khaliq" 4: 166: The wording of "Al-Mujtabi" supports this, and its text states that a woman whose husband has died may go out during the day and part of the night because she has no maintenance, so she needs to go out during the day to seek a livelihood, and night may come upon her, unlike the divorced woman, as her maintenance is provided by the husband's wealth. And thus it was stated in "Al-Hidayah." It is also indicated by the statement of the martyr judge in "Al-Kafis": A woman whose husband has died may go out during the day for her needs, and she should not spend the night outside her home as long as she is in her waiting period. His statement "for her needs" clarifies the difference between them, as it refers to the need for maintenance; she has no maintenance unlike the divorced woman. As for the need for other reasons, there is no difference between them, such as if she were expelled from her home or if it collapsed," and see: "Rad al-Muhtar" 3: 536. The eminent scholar Al-Kamal Ibn al-Humam stated in "Fath al-Qadir" 4: 343: "The gist is that the permissibility of her going out is based on the necessity of fulfilling her livelihood, which is limited by its extent. Whenever her need ends, it is not permissible for her to spend time outside her home thereafter." These texts from our esteemed Hanafi jurists are explicit in prohibiting the woman whose husband has died from going out during the day except for the necessity of earning a living and other needs due to the loss of her supporting husband. The jurists of other schools have said similar things. In "Al-Mawsu'ah al-Fiqhiyyah" 29: 351: "The jurists have stated that a woman whose husband has died should not go out at night, but it is permissible for her to go out during the day to fulfill her needs." It also states in 19: 13: "The majority of jurists hold that a woman in waiting must remain in her residence and may only go out for a need or excuse. If she goes out, she has sinned, and her husband can prevent her, as can his heirs upon his death, and it is difficult to go out in certain places." Thus, the prohibition of the woman in waiting due to her husband's death from going out except for a need is a consensus among the jurists, although they have differed on certain issues regarding what constitutes a need, such as when she has entered into ihram for Hajj or i'tikaf. In "Al-Mawsu'ah al-Fiqhiyyah" 29: 353: "The majority of jurists from the Hanafi, Shafi'i, and Hanbali schools hold that it is not permissible for a woman in waiting due to death to go for Hajj, as Hajj does not expire, while the waiting period does. The Malikis say that if a woman whose husband has died enters into ihram for Hajj or Umrah, she remains in her state and does not return to her residence to observe her waiting period... As for the woman in i'tikaf, she must return to her residence to complete her waiting period, as this is a necessity, and this is what the Hanafis, Shafi'is, and Hanbalis have held, contrary to the Malikis who say that the woman in i'tikaf continues her i'tikaf if a waiting period due to death or divorce occurs. This was also said by Rabi'ah and Ibn al-Mundhir. However, if an i'tikaf occurs during a waiting period, she should not go out for it, but rather remain in her home until she completes her waiting period; she should not go out for the new matter but continue with the previous one." Thus, it becomes clear that the presence of a Quranic text on the matter has made it a point of consensus among the jurists regarding the prohibition of a woman leaving her home without excuse or need, and the slight disagreement that arose pertains to what is considered an excuse, such as entering into ihram for Hajj and i'tikaf, and this is not the subject of our discussion. And Allah is the Grantor of success.
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