Those among you about to die leaving wives behind, should bequeath a year's maintenance and lodging for them, without expelling them from home. But if they leave (of their own accord), you will not be blamed for what they do with themselves in their own rights. God is all-mighty and all-wise.
And those among you who die leaving wives behind them – they should bequeath for their wives a complete provision for one full year without turning them out; so if they go out themselves, there is no sin on you regarding what they do of themselves in a reasonable manner; and Allah is Almighty, Wise.
And those of you who die, leaving wives, let them make testament for their wives, provision for a year without expulsion; but if they go forth, there is no fault in you what they may do with themselves honourably; God is All-mighty, All-wise.
AND IF any of you die and leave wives behind, they bequeath thereby to their widows [the right to] one year's maintenance without their being obliged to leave [the dead husband's home]. If, however, they leave [of their own accord], there shall be no sin in whatever they may do with themselves in a lawful manner. And God is almighty, wise.
And those of you who die and leave wives behind, they shall make a bequest unto their wives a year's maintenance without their having to go out, then if they go out, then no blame is on you for that which they, do with themselves reputably, and Allah is Mighty, Wise.
And those of you who die and leave behind wives should bequeath for their wives a year's maintenance and residence without turning them out, but if they (wives) leave, there is no sin on you for that which they do of themselves, provided it is honourable (e.g. lawful marriage). And Allah is All-Mighty, All-Wise. [The order of this Verse has been cancelled (abrogated) by Verse 4:12].
Those of you who die and leave wives behind—a will shall provide their wives with support for a year, provided they do not leave. If they leave, you are not to blame for what they do with themselves, provided it is reasonable. God is Mighty and Wise.
Those of you, who shall die and leave wives behind them, should make a will to the effect that they should be provided with a year's maintenance and should not be turned out of their homes. But if they leave their homes of their own accord, you shall not be answerable for whatever they choose for themselves in a fair way; Allah is All-Powerful, All-Wise.
And those of you who die and leave behind wives should bequeath for their wives a year's maintenance (and residence) without turning them out, but if they (wives) leave, there is no sin on you for that which they do of themselves, provided it is honorable (e.g., lawful marriage). And Allah is All-Mighty, All-Wise.
(In the case of) those of you who are about to die and leave behind them wives, they should bequeath unto their wives a provision for the year without turning them out, but if they go out (of their own accord) there is no sin for you in that which they do of themselves within their rights. Allah is Mighty, Wise.
Those of you who die leaving wives shall bequeath for their wives providing for a year, without turning them out; but if they leave, there is no sin upon you in respect of what they may do with themselves in accordance with honourable norms. And Allah is all-mighty, all-wise.
Those who die and leave wives behind should bequeath to them a year's maintenance without causing them to leave their homes; but if they leave, no blame shall be attached to you in what they do with themselves kindly. Allah is Mighty and Wise.
And those who are taken in death among you and leave wives behind - for their wives is a bequest: maintenance for one year without turning [them] out. But if they leave [of their own accord], then there is no blame upon you for what they do with themselves in an acceptable way. And Allah is Exalted in Might and Wise.
Those who are about to die and leave widows behind should bequeath for their wives the expenses of one year's maintenance. The widows must not be expelled from the house for up to one year. It is no sin for the relatives of the deceased to permit the widows to leave the house before the appointed time and do what is reasonable. God is Majestic and Wise.
And those of you who die and leave wives behind, (make) a bequest in favor of their wives of maintenance for a year without turning (them) out, then if they themselves go away, there is no blame on you for what they do of lawful deeds by themselves, and Allah is Mighty, Wise.
Wa<b>a</b>lla<u>th</u>eena yutawaffawna minkum waya<u>th</u>aroona azw<u>a</u>jan wa<u>s</u>iyyatan liazw<u>a</u>jihim mat<u>a</u>AAan il<u>a</u> al<u>h</u>awli ghayra ikhr<u>a</u>jin fain kharajna fal<u>a</u> jun<u>ah</u>a AAalaykum fee m<u>a</u> faAAalna fee anfusihinna min maAAroofin wa<b>A</b>ll<u>a</u>hu AAazeezun <u>h</u>akeem<b>un</b>
If any of you die and leave widows, make a bequest for them of a year's maintenance without causing them to leave their homes; but if they leave of their own accord, you will not be blamed for what they may reasonably choose to do with themselves. God is almighty and wise.
Those of you who die and leave widows should bequeath for their widows a year's maintenance and residence; but if they leave (The residence), there is no blame on you for what they do with themselves, provided it is reasonable. And Allah is Exalted in Power, Wise.
وَٱلَّذِينَ يُتَوَفَّوْنَ مِنكُمْ وَيَذَرُونَ أَزْوَٰجًا وَصِيَّةً لِّأَزْوَٰجِهِم مَّتَٰعًا إِلَى ٱلْحَوْلِ غَيْرَ إِخْرَاجٍ فَإِنْ خَرَجْنَ فَلَا جُنَاحَ عَلَيْكُمْ فِى مَا فَعَلْنَ فِىٓ أَنفُسِهِنَّ مِن مَّعْرُوفٍ وَٱللَّهُ عَزِيزٌ حَكِيمٌ
Those of you that pass away leaving behind wives must make a bequest for them to be provided with accommodation and maintenance for a period of one year in which your heirs may not remove them. This is to make up for the loss they have suffered and in respect for the deceased. If they leave before the end of the year by their own choice, there will be no sin on either you or them for what they do with themselves in terms of their beautification. Allah is Mighty and none can overpower Him. He is Wise in His planning and legislation. It should be noted that most commentators are of the view that the law contained in this verse has been abrogated by the verse: ‘When someone passes away and leaves behind a wife who is not pregnant, it is the duty of these women to wait for a period of four months and ten days...’ [ Sūrah Al-Baqarah: 234].
Those of you that pass away leaving behind wives must make a bequest for them to be provided with accommodation and maintenance for a period of one year in which your heirs may not remove them. This is to make up for the loss they have suffered and in respect for the deceased. If they leave before the end of the year by their own choice, there will be no sin on either you or them for what they do with themselves in terms of their beautification. Allah is Mighty and none can overpower Him. He is Wise in His planning and legislation. It should be noted that most commentators are of the view that the law contained in this verse has been abrogated by the verse: ‘When someone passes away and leaves behind a wife who is not pregnant, it is the duty of these women to wait for a period of four months and ten days...’ [ Sūrah Al-Baqarah: 234].
<p>The text now returns to the subject of divorce mentioned in verses 234-237. The command to take due care of all prayers (verses 238-239) put in between was to remind that the real thing in life is a constant orientation towards Allah, not only in prayers where it is more pronounced, but also in social relationships such as marriage and divorce, rather, in all areas of one's life. The message is: Follow rules set by Allah in your ultimate interest.</p><p>Verses 240-242 cited above give guidance on the provision of</p><p>residence and maintenance for widows which has been explained in the commentary which follows.</p><p>1. In the Age of Ignorance, the period of waiting for a widow was one year, and in Islam, it came to be four months and ten days rather than one full year as we already know from يَتَرَ‌بَّصْنَ بِأَنفُسِهِنَّ أَرْ‌بَعَةَ أَشْهُرٍ‌ وَعَشْرً‌ا : 'They keep themselves waiting for four months and ten days,' in Verse 234, explained earlier. However, women were given a certain advantage in this respect. Those were the days when the injunction of inheritance was not revealed and a wife's share in the inheritance was yet to be determined; in fact, the rights of all others simply revolved around the will of the deceased, as we have already learnt from the explanation of the verse 2:180. Therefore, it was made obligatory that a woman should be allowed to live in the premises of her late husband's house for one full year if she so desires. It was also mandatory under this arrangement that she be given her maintenance during this period out of what has been left behind by her husband. This rule is mentioned in this verse. Husbands have been instructed to make wills to this effect. Since this was the right of the woman and she had the choice to receive or leave it, therefore, it was not permissible for the inheritors to evict her out of the house, but it was permissible for her not to live in that house at her discretion, and leave her due for the inheritors. The condition, however, was that ` iddah or the waiting period of four months and ten days be completed. After the completion of this period she could leave the house of her husband and could enter into a new marriage with another person. This is what is meant by the Qur'anic expression: "Then, if they move out, there is no sin on you in what they have done for themselves of the recognized practice." However, going out during the period of ` iddah and getting married was all counted as sin -- not only for the woman concerned but also for those who could stop her yet did not do so. When 'the verse of inheritance' was revealed, the woman received her ordained share in the house and in all other items of inheritance on the strength of which she had the choice to live in her section of the house and spend out of her share in the inheritance after the completion of four months and ten days, and this verse was abrogated.</p>
The text now returns to the subject of divorce mentioned in verses 234-237. The command to take due care of all prayers (verses 238-239) put in between was to remind that the real thing in life is a constant orientation towards Allah, not only in prayers where it is more pronounced, but also in social relationships such as marriage and divorce, rather, in all areas of one's life. The message is: Follow rules set by Allah in your ultimate interest.Verses 240-242 cited above give guidance on the provision ofresidence and maintenance for widows which has been explained in the commentary which follows.1. In the Age of Ignorance, the period of waiting for a widow was one year, and in Islam, it came to be four months and ten days rather than one full year as we already know from يَتَرَ‌بَّصْنَ بِأَنفُسِهِنَّ أَرْ‌بَعَةَ أَشْهُرٍ‌ وَعَشْرً‌ا : 'They keep themselves waiting for four months and ten days,' in Verse 234, explained earlier. However, women were given a certain advantage in this respect. Those were the days when the injunction of inheritance was not revealed and a wife's share in the inheritance was yet to be determined; in fact, the rights of all others simply revolved around the will of the deceased, as we have already learnt from the explanation of the verse 2:180. Therefore, it was made obligatory that a woman should be allowed to live in the premises of her late husband's house for one full year if she so desires. It was also mandatory under this arrangement that she be given her maintenance during this period out of what has been left behind by her husband. This rule is mentioned in this verse. Husbands have been instructed to make wills to this effect. Since this was the right of the woman and she had the choice to receive or leave it, therefore, it was not permissible for the inheritors to evict her out of the house, but it was permissible for her not to live in that house at her discretion, and leave her due for the inheritors. The condition, however, was that ` iddah or the waiting period of four months and ten days be completed. After the completion of this period she could leave the house of her husband and could enter into a new marriage with another person. This is what is meant by the Qur'anic expression: "Then, if they move out, there is no sin on you in what they have done for themselves of the recognized practice." However, going out during the period of ` iddah and getting married was all counted as sin -- not only for the woman concerned but also for those who could stop her yet did not do so. When 'the verse of inheritance' was revealed, the woman received her ordained share in the house and in all other items of inheritance on the strength of which she had the choice to live in her section of the house and spend out of her share in the inheritance after the completion of four months and ten days, and this verse was abrogated.
<h2 class="title">Ayah (2:240) was abrogated</h2><p>The majority of the scholars said that this Ayah (2:240) was abrogated by the Ayah (2:234), what Allah said: </p><div class="text_uthmani arabic">يَتَرَبَّصْنَ بِأَنفُسِهِنَّ أَرْبَعَةَ أَشْهُرٍ وَعَشْرًا</div><p>(...they (the wives) shall wait (as regards their marriage) for four months and ten days.) (2:234) </p><p>For instance, Al-Bukhari reported that Ibn Az-Zubayr said: I said to `Uthman bin `Affan: </p><div class="text_uthmani arabic">وَالَّذِينَ يُتَوَفَّوْنَ مِنكُمْ وَيَذَرُونَ أَزْوَجًا</div><p>(And those of you who die and leave wives behind them) was abrogated by the other Ayah (2:234). Therefore, why did you collect it (meaning, in the Qur'an)" He said, "O my nephew! I shall not change any part of the Qur'an from its place." </p><p>The question that Ibn Az-Zubayr asked `Uthman means: `If the ruling of the Ayah (2:240) was abrogated to four months (the `Iddah of the widow, and refer to 2:234), then what is the wisdom behind including it in the Qur'an, although its ruling has been abrogated If the Ayah (2:240) remains (in the Qur'an) after the Ayah that abrogated it (2:234), this might imply that its ruling is still valid.' `Uthman, the Leader of the faithful, answered him by stating that this is a matter of the revelation, which mentioned these Ayat in this order. `Therefore, I shall leave the Ayah where I found it in the Qur'an.' </p><p>Ibn Abu Hatim reported that Ibn `Abbas said about what Allah said: </p><div class="text_uthmani arabic">وَالَّذِينَ يُتَوَفَّوْنَ مِنكُمْ وَيَذَرُونَ أَزْوَجًا وَصِيَّةً لازْوَاجِهِم مَّتَـعًا إِلَى الْحَوْلِ غَيْرَ إِخْرَاجٍ</div><p>(And those of you who die and leave behind wives should bequeath for their wives a year's maintenance (and residence) without turning them out, ) "The widow used to reside, and have her provisions provided for her for a year, in her deceased husband's house. Later, the Ayah that specified the inheritance (4:12) abrogated this Ayah (2:240), and thus the widow inherits one-fourth or one-eighth of what her (deceased) husband leaves behind." </p><p>Ibn Abu Hatim also related that `Ali bin Abu Talhah stated that Ibn `Abbas said, "When a man died and left behind a widow, she used to remain in his house for a year for her `Iddah, all the while receiving her provisions during this time. Thereafter, Allah revealed this Ayah: </p><div class="text_uthmani arabic">وَالَّذِينَ يُتَوَفَّوْنَ مِنكُمْ وَيَذَرُونَ أَزْوَجًا يَتَرَبَّصْنَ بِأَنفُسِهِنَّ أَرْبَعَةَ أَشْهُرٍ وَعَشْرًا</div><p>(And those of you who die and leave wives behind them, they (the wives) shall wait (as regards their marriage) for four months and ten days.) (2:234) </p><p>So, this is the `Iddah of the widow, unless she was pregnant, for her `Iddah then ends when she gives birth. Allah also said: </p><div class="text_uthmani arabic">وَلَهُنَّ الرُّبُعُ مِمَّا تَرَكْتُمْ إِن لَّمْ يَكُنْ لَّكُمْ وَلَدٌ فَإِن كَانَ لَكُمْ وَلَدٌ فَلَهُنَّ الثُّمُنُ مِمَّا تَرَكْتُم</div><p>(In that which you leave, their (your wives') share is a fourth if you leave no child; but if you leave a child, they get an eighth of that which you leave.) (4:12) </p><p>So Allah specified the share of the widow in the inheritance and there was no need for the will or the Nafaqah (maintenance) which were mentioned in (2:240)." </p><p>Ibn Abu Hatim stated that Mujahid, Al-Hasan, `Ikrimah, Qatadah, Ad-Dahhak, Ar-Rabi` and Muqatil bin Hayyan said that the Ayah (2:240) was abrogated by: </p><div class="text_uthmani arabic">أَرْبَعَةَ أَشْهُرٍ وَعَشْرًا</div><p>(four months and ten days.) (2:234) </p><p>Al-Bukhari reported that Mujahid said that: </p><div class="text_uthmani arabic">وَالَّذِينَ يُتَوَفَّوْنَ مِنكُمْ وَيَذَرُونَ أَزْوَجًا</div><p>(And those of you who die and leave wives behind them) (2:234) used to be the `Iddah, and the widow had to remain with her (deceased) husband's family (during that period, i.e., four months and ten days). Then, Allah revealed: </p><div class="text_uthmani arabic">وَالَّذِينَ يُتَوَفَّوْنَ مِنكُمْ وَيَذَرُونَ أَزْوَجًا وَصِيَّةً لازْوَاجِهِم مَّتَـعًا إِلَى الْحَوْلِ غَيْرَ إِخْرَاجٍ فَإِنْ خَرَجْنَ فَلاَ جُنَاحَ عَلَيْكُمْ فِى مَا فَعَلْنَ فِي أَنفُسِهِنَّ مِن مَّعْرُوفٍ</div><p>(And those of you who die and leave behind wives should bequeath for their wives a year's maintenance (and residence) without turning them out, but if they (wives) leave, there is no sin on you for that which they do of themselves, provided it is honorable (e.g., lawful marriage).) </p><p>So, Allah made the rest of the year, which is seven months and twenty days, as a will and testament for her. Consequently, if she wants, she could use her right in this will and remain in the residence (for the rest of the year). Or, if she wants, she could leave the (deceased husband's) house after the four months and ten days have passed. This is the meaning of what Allah said: </p><div class="text_uthmani arabic">غَيْرَ إِخْرَاجٍ فَإِنْ خَرَجْنَ فَلاَ جُنَاحَ عَلَيْكُمْ</div><p>(...without turning them out, but if they (wives) leave, there is no sin on you.) </p><p>Therefore, the required term of `Iddah is still unchanged (refer to 2:234). </p><p>`Ata' quoted Ibn `Abbas, "This Ayah (2:240) has abrogated (the requirement that) the widow spends the `Iddah with his (i.e., her deceased husband's) family. So, she spends her `Iddah wherever she wants. This is the meaning of what Allah said: </p><div class="text_uthmani arabic">غَيْرَ إِخْرَاجٍ</div><p>(without turning them out,)." </p><p>`Ata' also said: "If she wants, she spends the `Iddah with his family and resides there according to the will (meaning the rest of the year). If she wants, she is allowed to leave, for Allah said: </p><div class="text_uthmani arabic">فَلاَ جُنَاحَ عَلَيْكُمْ فِيمَا فَعَلْنَ</div><p>(there is no sin on you for that which they do of themselves,)." </p><p>`Ata' then said: "Then (the Ayah on) the inheritance (refer to 4:12) came and abrogated the residence. Hence, the widow spends her `Iddah wherever she wants and does not have the right to residence any more." </p><p>The statement of `Ata' and those who held the view that the Ayah (2:240) was abrogated by the Ayah on the inheritance (4: 12), is only valid for more than the four months and ten days (required in 2:234). However, if they mean that the four months and ten days are not required from the deceased husband's estate, then this opinion is the subject of disagreement among the scholars. As proof, they said that the widow is required to remain in her (deceased) husband's house (for four months and ten days) according to what Malik reported from Zaynab bint Ka`b bin `Ujrah. She said that Fari`ah bint Malik bin Sinan, the sister of Abu Sa`id Al-Khudri, told her that she came to Allah's Messenger asking him to return to her family's residence with Banu Khudrah. Her husband had pursued some of his servants who ran away, but when he reached the area of Al-Qadum, they killed him. She said, "So I asked Allah's Messenger if I should stay with my family in Banu Khudrah, for my (deceased) husband did not leave me a residence that he owns or Nafaqah (maintenance). Allah's Messenger answered in the positive. While I was in the room, Allah's Messenger summoned me or had someone summon me and said: </p><div class="text_uthmani arabic">«كَيْفَ قُلْت»</div><p>(What did you say) I repeated the story to him about my (deceased) husband. He said: </p><div class="text_uthmani arabic">«امْكُثي فِي بَيْتِكِ حَتَّى يَبْلُغَ الكِتَابُ أَجَلَه»</div><p>(Stay at your home until the term reaches its end.) So I remained through the `Iddah term for four months and ten days in my (deceased husband's) house. Thereafter, `Uthman bin `Affan sent for me during his reign and asked me about this matter and I told him what happened. He made a judgment to the same effect." This Hadith was also collected by Abu Dawud, At-Tirmidhi, An-Nasa'i and Ibn Majah. At-Tirmidhi said, "Hasan Sahih". </p><h2 class="title">The Necessity of the Mut`ah (Gift) at the Time of Divorce</h2><p>Allah said: </p><div class="text_uthmani arabic">وَلِلْمُطَلَّقَـتِ مَتَـعٌ بِالْمَعْرُوفِ حَقًّا عَلَى الْمُتَّقِينَ </div><p>(And for divorced women, maintenance (should be provided) on reasonable (scale). This is a duty on Al-Muttaqin (the pious).) </p><p>`Abdur-Rahman bin Zayd bin Aslam said that when Allah's statement: </p><div class="text_uthmani arabic">مَتَـعاً بِالْمَعْرُوفِ حَقًّا عَلَى الْمُحْسِنِينَ</div><p>(...a gift of reasonable amount is a duty on the doers of good) (2:236) was revealed, a man said, "If I want, I will be excellent and if I do not, I will not." Thereafter, Allah revealed this Ayah: </p><div class="text_uthmani arabic">وَلِلْمُطَلَّقَـتِ مَتَـعٌ بِالْمَعْرُوفِ حَقًّا عَلَى الْمُتَّقِينَ </div><p>(And for divorced women, maintenance (should be provided) on reasonable (scale). This is a duty on Al-Muttaqin (the pious).) </p><p>The scholars who ruled that the Mut`ah (reasonable gift) at the time of divorce is required for every divorced woman, whether she had a bridal-money appointed for her or not, and whether the marriage was consummated or not, relied on this Ayah (2:241) when they issued their ruling. This is the view taken on this subject by Sa`id bin Jubayr and several others among the Salaf and also Ibn Jarir. Hence, Allah's statement: </p><div class="text_uthmani arabic">لاَّ جُنَاحَ عَلَيْكُمْ إِن طَلَّقْتُمُ النِّسَآءَ مَا لَمْ تَمَسُّوهُنَّ أَوْ تَفْرِضُواْ لَهُنَّ فَرِيضَةً وَمَتِّعُوهُنَّ عَلَى الْمُوسِعِ قَدَرُهُ وَعَلَى الْمُقْتِرِ قَدْرُهُ مَتَـعاً بِالْمَعْرُوفِ حَقًّا عَلَى الْمُحْسِنِينَ </div><p>(There is no sin on you, if you divorce women while yet you have not touched (had sexual relation with) them, nor appointed for them their due (dowry). But bestow on them (a suitable gift), the rich according to his means, and the poor according to his means, a gift of reasonable amount is a duty on the doers of good.) (2:236) only mentions some specifics of this general ruling. </p><p>Allah then said: </p><div class="text_uthmani arabic">كَذلِكَ يُبَيِّنُ اللَّهُآيَـتِهِ</div><p>(Thus Allah makes clear His Ayat (Laws) to you,) meaning, what He allows, forbids, requires, His set limits, His commandments and His prohibitions are all explained and made plain and clear for you. He did not leave any matter in general terms if you needed the specifics, </p><div class="text_uthmani arabic">لَعَلَّكُمْ تَعْقِلُونَ</div><p>(in order that you may understand.) meaning, understand and comprehend. </p>
Ayah (2:240) was abrogatedThe majority of the scholars said that this Ayah (2:240) was abrogated by the Ayah (2:234), what Allah said: يَتَرَبَّصْنَ بِأَنفُسِهِنَّ أَرْبَعَةَ أَشْهُرٍ وَعَشْرًا(...they (the wives) shall wait (as regards their marriage) for four months and ten days.) (2:234) For instance, Al-Bukhari reported that Ibn Az-Zubayr said: I said to `Uthman bin `Affan: وَالَّذِينَ يُتَوَفَّوْنَ مِنكُمْ وَيَذَرُونَ أَزْوَجًا(And those of you who die and leave wives behind them) was abrogated by the other Ayah (2:234). Therefore, why did you collect it (meaning, in the Qur'an)" He said, "O my nephew! I shall not change any part of the Qur'an from its place." The question that Ibn Az-Zubayr asked `Uthman means: `If the ruling of the Ayah (2:240) was abrogated to four months (the `Iddah of the widow, and refer to 2:234), then what is the wisdom behind including it in the Qur'an, although its ruling has been abrogated If the Ayah (2:240) remains (in the Qur'an) after the Ayah that abrogated it (2:234), this might imply that its ruling is still valid.' `Uthman, the Leader of the faithful, answered him by stating that this is a matter of the revelation, which mentioned these Ayat in this order. `Therefore, I shall leave the Ayah where I found it in the Qur'an.' Ibn Abu Hatim reported that Ibn `Abbas said about what Allah said: وَالَّذِينَ يُتَوَفَّوْنَ مِنكُمْ وَيَذَرُونَ أَزْوَجًا وَصِيَّةً لازْوَاجِهِم مَّتَـعًا إِلَى الْحَوْلِ غَيْرَ إِخْرَاجٍ(And those of you who die and leave behind wives should bequeath for their wives a year's maintenance (and residence) without turning them out, ) "The widow used to reside, and have her provisions provided for her for a year, in her deceased husband's house. Later, the Ayah that specified the inheritance (4:12) abrogated this Ayah (2:240), and thus the widow inherits one-fourth or one-eighth of what her (deceased) husband leaves behind." Ibn Abu Hatim also related that `Ali bin Abu Talhah stated that Ibn `Abbas said, "When a man died and left behind a widow, she used to remain in his house for a year for her `Iddah, all the while receiving her provisions during this time. Thereafter, Allah revealed this Ayah: وَالَّذِينَ يُتَوَفَّوْنَ مِنكُمْ وَيَذَرُونَ أَزْوَجًا يَتَرَبَّصْنَ بِأَنفُسِهِنَّ أَرْبَعَةَ أَشْهُرٍ وَعَشْرًا(And those of you who die and leave wives behind them, they (the wives) shall wait (as regards their marriage) for four months and ten days.) (2:234) So, this is the `Iddah of the widow, unless she was pregnant, for her `Iddah then ends when she gives birth. Allah also said: وَلَهُنَّ الرُّبُعُ مِمَّا تَرَكْتُمْ إِن لَّمْ يَكُنْ لَّكُمْ وَلَدٌ فَإِن كَانَ لَكُمْ وَلَدٌ فَلَهُنَّ الثُّمُنُ مِمَّا تَرَكْتُم(In that which you leave, their (your wives') share is a fourth if you leave no child; but if you leave a child, they get an eighth of that which you leave.) (4:12) So Allah specified the share of the widow in the inheritance and there was no need for the will or the Nafaqah (maintenance) which were mentioned in (2:240)." Ibn Abu Hatim stated that Mujahid, Al-Hasan, `Ikrimah, Qatadah, Ad-Dahhak, Ar-Rabi` and Muqatil bin Hayyan said that the Ayah (2:240) was abrogated by: أَرْبَعَةَ أَشْهُرٍ وَعَشْرًا(four months and ten days.) (2:234) Al-Bukhari reported that Mujahid said that: وَالَّذِينَ يُتَوَفَّوْنَ مِنكُمْ وَيَذَرُونَ أَزْوَجًا(And those of you who die and leave wives behind them) (2:234) used to be the `Iddah, and the widow had to remain with her (deceased) husband's family (during that period, i.e., four months and ten days). Then, Allah revealed: وَالَّذِينَ يُتَوَفَّوْنَ مِنكُمْ وَيَذَرُونَ أَزْوَجًا وَصِيَّةً لازْوَاجِهِم مَّتَـعًا إِلَى الْحَوْلِ غَيْرَ إِخْرَاجٍ فَإِنْ خَرَجْنَ فَلاَ جُنَاحَ عَلَيْكُمْ فِى مَا فَعَلْنَ فِي أَنفُسِهِنَّ مِن مَّعْرُوفٍ(And those of you who die and leave behind wives should bequeath for their wives a year's maintenance (and residence) without turning them out, but if they (wives) leave, there is no sin on you for that which they do of themselves, provided it is honorable (e.g., lawful marriage).) So, Allah made the rest of the year, which is seven months and twenty days, as a will and testament for her. Consequently, if she wants, she could use her right in this will and remain in the residence (for the rest of the year). Or, if she wants, she could leave the (deceased husband's) house after the four months and ten days have passed. This is the meaning of what Allah said: غَيْرَ إِخْرَاجٍ فَإِنْ خَرَجْنَ فَلاَ جُنَاحَ عَلَيْكُمْ(...without turning them out, but if they (wives) leave, there is no sin on you.) Therefore, the required term of `Iddah is still unchanged (refer to 2:234). `Ata' quoted Ibn `Abbas, "This Ayah (2:240) has abrogated (the requirement that) the widow spends the `Iddah with his (i.e., her deceased husband's) family. So, she spends her `Iddah wherever she wants. This is the meaning of what Allah said: غَيْرَ إِخْرَاجٍ(without turning them out,)." `Ata' also said: "If she wants, she spends the `Iddah with his family and resides there according to the will (meaning the rest of the year). If she wants, she is allowed to leave, for Allah said: فَلاَ جُنَاحَ عَلَيْكُمْ فِيمَا فَعَلْنَ(there is no sin on you for that which they do of themselves,)." `Ata' then said: "Then (the Ayah on) the inheritance (refer to 4:12) came and abrogated the residence. Hence, the widow spends her `Iddah wherever she wants and does not have the right to residence any more." The statement of `Ata' and those who held the view that the Ayah (2:240) was abrogated by the Ayah on the inheritance (4: 12), is only valid for more than the four months and ten days (required in 2:234). However, if they mean that the four months and ten days are not required from the deceased husband's estate, then this opinion is the subject of disagreement among the scholars. As proof, they said that the widow is required to remain in her (deceased) husband's house (for four months and ten days) according to what Malik reported from Zaynab bint Ka`b bin `Ujrah. She said that Fari`ah bint Malik bin Sinan, the sister of Abu Sa`id Al-Khudri, told her that she came to Allah's Messenger asking him to return to her family's residence with Banu Khudrah. Her husband had pursued some of his servants who ran away, but when he reached the area of Al-Qadum, they killed him. She said, "So I asked Allah's Messenger if I should stay with my family in Banu Khudrah, for my (deceased) husband did not leave me a residence that he owns or Nafaqah (maintenance). Allah's Messenger answered in the positive. While I was in the room, Allah's Messenger summoned me or had someone summon me and said: «كَيْفَ قُلْت»(What did you say) I repeated the story to him about my (deceased) husband. He said: «امْكُثي فِي بَيْتِكِ حَتَّى يَبْلُغَ الكِتَابُ أَجَلَه»(Stay at your home until the term reaches its end.) So I remained through the `Iddah term for four months and ten days in my (deceased husband's) house. Thereafter, `Uthman bin `Affan sent for me during his reign and asked me about this matter and I told him what happened. He made a judgment to the same effect." This Hadith was also collected by Abu Dawud, At-Tirmidhi, An-Nasa'i and Ibn Majah. At-Tirmidhi said, "Hasan Sahih". The Necessity of the Mut`ah (Gift) at the Time of DivorceAllah said: وَلِلْمُطَلَّقَـتِ مَتَـعٌ بِالْمَعْرُوفِ حَقًّا عَلَى الْمُتَّقِينَ (And for divorced women, maintenance (should be provided) on reasonable (scale). This is a duty on Al-Muttaqin (the pious).) `Abdur-Rahman bin Zayd bin Aslam said that when Allah's statement: مَتَـعاً بِالْمَعْرُوفِ حَقًّا عَلَى الْمُحْسِنِينَ(...a gift of reasonable amount is a duty on the doers of good) (2:236) was revealed, a man said, "If I want, I will be excellent and if I do not, I will not." Thereafter, Allah revealed this Ayah: وَلِلْمُطَلَّقَـتِ مَتَـعٌ بِالْمَعْرُوفِ حَقًّا عَلَى الْمُتَّقِينَ (And for divorced women, maintenance (should be provided) on reasonable (scale). This is a duty on Al-Muttaqin (the pious).) The scholars who ruled that the Mut`ah (reasonable gift) at the time of divorce is required for every divorced woman, whether she had a bridal-money appointed for her or not, and whether the marriage was consummated or not, relied on this Ayah (2:241) when they issued their ruling. This is the view taken on this subject by Sa`id bin Jubayr and several others among the Salaf and also Ibn Jarir. Hence, Allah's statement: لاَّ جُنَاحَ عَلَيْكُمْ إِن طَلَّقْتُمُ النِّسَآءَ مَا لَمْ تَمَسُّوهُنَّ أَوْ تَفْرِضُواْ لَهُنَّ فَرِيضَةً وَمَتِّعُوهُنَّ عَلَى الْمُوسِعِ قَدَرُهُ وَعَلَى الْمُقْتِرِ قَدْرُهُ مَتَـعاً بِالْمَعْرُوفِ حَقًّا عَلَى الْمُحْسِنِينَ (There is no sin on you, if you divorce women while yet you have not touched (had sexual relation with) them, nor appointed for them their due (dowry). But bestow on them (a suitable gift), the rich according to his means, and the poor according to his means, a gift of reasonable amount is a duty on the doers of good.) (2:236) only mentions some specifics of this general ruling. Allah then said: كَذلِكَ يُبَيِّنُ اللَّهُآيَـتِهِ(Thus Allah makes clear His Ayat (Laws) to you,) meaning, what He allows, forbids, requires, His set limits, His commandments and His prohibitions are all explained and made plain and clear for you. He did not leave any matter in general terms if you needed the specifics, لَعَلَّكُمْ تَعْقِلُونَ(in order that you may understand.) meaning, understand and comprehend. 