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English translation
1204. Zainab bint Ka'b bin 'Ujrah narrated that Al-Furay'ah bint Mālik bin Sinān – the sister of Abū Sa'eed Al-Khudrī – informed her that she went to the Messenger of Allāh ﷺ to ask him if she could return to her family in Banū Khudrah. Her husband had gone out searching for his runaway slaves, and when he was in Taraf Al-Qadūm he caught up with them and they killed him. She said: "So I asked the Messenger of Allāh ﷺ if I could return to my family since my husband had not left me a home that he owned nor any maintenance." She said: "So the Messenger of Allāh ﷺ said: 'Yes.' Then I left. When I was in the courtyard," or, "in the Masjid, the
Messenger of Allāh ﷺ called me" or, "summoned for me to come back to him and he said: 'What did you say?'" She said: "So I repeated the story that I had mentioned to him about the case of my husband. He said: 'Stay in your house until what is written reaches its term.'" She said: "So I observed my 'Iddah there for four months and ten (days)." She said: "During the time of 'Uthmān, he sent a message to me asking me about that, so I informed him. He followed it and judged accordingly." (Saḥīḥ)
(Another chain) which is similar in meaning.
(Abū 'Eisā said:) This Hadīth is Hasan Saḥīḥ. This Hadīth is acted upon according to most of the people of knowledge among the Companions of the Prophet ﷺ and others. They did not think that the woman observing 'Iddah could move from the home of her husband until her 'Iddah transpired.
This is the view of Sufyān Ath-Thawrī, Ash-Shāfi'i, Aḥmad, and Ishāq.
Some of the people of knowledge among the Companions of the Prophet ﷺ and others, said that the woman is to spend her 'Iddah wherever she wishes, even if she does not observe the 'Iddah in the home of her husband.
(Abū 'Eisā said:) But the first view is more correct.
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Commentary
According to the point of view of the Four A'immah and in view of most of the Companions of the Prophet ﷺ and the followers of the Companions, a widow must stay in the house of her husband to complete the period of 'Iddah, no matter whether the house she is living in is a rented house or the property of her husband. According to 'Alī, Ibn 'Abbās, 'Āishah, Jābir bin Zaid, Ḥasan Al-Baṣrī, they say she can spend her period of 'Iddah wherever she wants, there is no binding on her. This narration confirms the first point of view. She is allowed to go out during the daytime for her needs, but she must spend the night in the house of her husband. (Al-Mughnī v. 11. p. 297.)
