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‏الطلاق (The Book of Divorce)
CHAPTER: THE PERIOD OF 'IDDA COMES TO AN END WITH THE BIRTH OF THE CHILD  

No. 3536

'Ubaidullah b. 'Abdullah b. 'Utba (b. Mas'ud) reported that his father wrote to Umar b. 'Abdullah b al Arqam al-Zuhri that he would go to Subai'ah bint al-Hirith al-Aslamiyya (Allaah be pleased with her) and ask her about a verdict from him which Allaah's Messenger (sallAllaahu alayhi wa sallam) gave her when she had asked that from him (in regard to the termination of 'Idda at the birth of a child) 'Umar b. Abdullah wrote to 'Abdullah b. 'Utba informing him that Subai'ah had told him that she had been married to Sa'd b. Khaula and he belonged to the tribe of Amir b. Lu'ayy, and was one of those who participated in the Battle of Badr, and he died in the Farewell Pilgrimage and she had been in the family way at that time. And much time had not elapsed that she gave birth to a child after his death and when she was free from the effects of childbirth she embellished herself for those who had to give proposals of marriage. Abd al-Sunabil b. Ba'kak (from Banu 'Abd al-Dar) came to her and said: What is this that I see you embellished; perhaps you are inclined to marry, By Allaah, you cannot marry unless four months and ten days (of 'Idda are passed). When he said that. I dressed myself, and as it was evening I came to Allaah's Messenger (sallAllaahu alayhi wa sallam) and asked him about it, and he gave me a religious verdict that I was allowed to marry when I had given birth to a child and asked me to marry if I so liked. Ibn Shihab said: I do not find any harm fur her in marrying when she has given birth to a child even when she is bleeding (after the birth of the child) except that her husband should not go near her until she is purified.

No. 3537

Abu Salama b. 'Abd al-Rahman and Ibn 'Abbas. (Allaah be pleased with them) got together in the house of Abu Huraira (Allaah be pleased with him) and began to discuss about the woman who gave birth to a child a few nights after the death of her husband. Ibn 'Abbas (Allaah be pleased with then) ) said: Her 'Idda is that period which is longer of the two (between four months and ten days and the birth of the child, whichever is longer). AbuSalama, however said: Her period of 'Idda is over (with the birth of the child), and they were contending with each other over this issue, whereupon Abu Huraira (Allaah be pleased with him) said: I subscribe (to the view) held by my nephew (i. e. Abu Salama). They sent Kuraib (the freed slave of Ibn 'Abbas) to Umm Salama to ask her about it. He came (back) to them and informed them that Umm Salama (Allaah be pleased with her) said that Subai'ah al-Aslamiyya gave birth to a child after the death of her husband when the few flights (had hardly) passed and she made mention of that to Allaah's Messenger (sallAllaahu alayhi wa sallam) and he commanded her to marry.

No. 3538

This hadith has been narated with the same chain of transrmitters except with a small change of words (and that is): They sent him to Umm Salama, but no mention was made of Kuraib.




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