13.

The Book on Divorce and Li'an

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كتاب الطلاق واللعان عن رسول الله صلى الله عليه وسلم

Al-Aswad narrated from Abu As-Sanabil bin Ba'kak who said, ‘Subai'ah delivered twenty-three or twenty-five days after her husband had died.’ So when she was ready (finished post-natal bleeding) she adorned herself for marriage, but she was rebuked for doing that, so it was mentioned to the Prophet (صلى الله عليه وآله وسلم) and he said, ‘if she has done that then her time has come.’ (Another chain with a similar narration) He said, ‘there is something on this topic from Ummul Momineen Umm Salamah (رضي الله تعالى عنها). Imam Tirmidhi said, ‘the Hadith of Abu As-Sanabil is a well-known Hadith that is Gharib from this route, we do not know of anything from Al-Aswad from Abu As-Sanabil. I heard Muhammad saying, “I do not know that Abu As-Sanabil lived after the Prophet (صلى الله عليه وآله وسلم). This is acted upon according to most of the people of knowledge among the Companions of the Prophet (صلى الله عليه وآله وسلم) and others. It is lawful for the pregnant woman whose husband dies to seek marriage when she gives birth, even though her Iddah has not transpired. This is the view of Sufyan Ath-Thawri, Ash-Shafi'i, Ahmad, and Ishaq. Some of the people of knowledge among the Companions of the Prophet (صلى الله عليه وآله وسلم) and others said that she remains in her Iddah until the end of the two terms. But the first view is more correct.