An Old Woman Must Observe Mourning

Question :

A man died leaving an elderly wife, whose age was more than seventy years, and she is a woman of less insight and of little thought, and she did not serve him; and he died while she was under his care. Must she observe a mourning period as any other wife does? And what is the wisdom behind its legislation, if she is of advanced age like others? And why is the ruling of the pregnant woman only the delivery of her child, if the legislation of the mourning period is in order to be sure whether or not the woman is pregnant. and the elderly woman is past that?

Answer:

The woman mentioned in the question must observe a waiting period and mourn for four months and ten days because she is included in the generality of the Words of Allah, Most High:
"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."

Part of the wisdom behind the legislation of the waiting period and the mourning period if the woman is of advanced age and past the age of fertility, is to emphasize the importance of this marriage contract, to raise its value, to make its conditions evident, to implement the rights of the husband, to make the effect of its loss clear by preventing adornment and beautifica- tion (of the wife during the waiting period).

This is why the mourning period for him was legislated more than the mourning period for the father and the son. And the ruling of the pregnant woman is the delivery of the child only, based upon the generality of the Words of Allah, Most High:
"And for those who are pregnant (whether they are divorced or their husbands are dead), their 'Iddah (prescribed period) is until they lay down their burden."

And this Verse specifies the generality of the Words of Allah:
"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."

Another part of the wisdom in the end of the waiting period being conditional upon the delivery of the child, is because the child is the right of the first husband. So if she marries someone else after parting-due to death or some other cause - and she is pregnant, the second husband will have irrigated another's crop with his water, and this is not permissible. This is based on the generality of the words of the Prophet :
"It is not permissible for a man who believes in Allah and the Last Day to irrigate the crop of another man with his water."

Narrated by Imam Ahmad, Abu Dawud and Ibn Hibban, on the authority of Ruwaifi' bin Thabit Al-Ansari may Allah be pleased with him.

It is incumbent upon the Muslim to act upon the rulings of the Islamic Law, whether he knows the wisdom behind it or not, and to have faith that Allah, Most Glorified is Most Wise in all that He Legislates and ordains. But if Allah made it easy for anyone to know the wisdom therein, then that is light upon light and goodness upon goodness. And Allah is the Granter of success.