He divorced me, and then he died before my iddah ended. Which iddah do I keep?
It depends on the divorce. After a revocable divorce, you were still his wife in the law, so his death moves you into the widow’s iddah of four months and ten days from the death, with its mourning; the four schools agree.1234 After a final divorce, you complete your divorce iddah, except that two schools give the longer of the two terms when he gave the final divorce in his last illness.14
What the four schools say
The schools agree on the revocable divorce. They differ on a final divorce given in his last illness: the longer of the two terms, or completing the divorce iddah.
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Ḥanafī الحنفية
The revocably divorced woman takes the death iddah, by consensus. If he gave a final divorce to escape her inheritance and died while she was in the iddah, she waits the longer of the two terms: four months and ten days from the death, with three cycles from the divorce.1
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Mālikī المالكية
A woman in a revocable divorce moves from the divorce iddah to the death iddah; a woman in a final divorce whose husband dies before her iddah ends continues her divorce iddah.2 Mālik said this holds even when he gave a triple divorce in his final illness: she keeps the divorce iddah and still inherits.6
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Shāfiʿī الشافعية
If the husband dies while she is in his divorce iddah: after a revocable divorce, the divorce iddah drops and she moves to the death iddah, so mourning becomes binding; after a final divorce, she completes the divorce iddah and does not move to the death iddah.3
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Ḥanbalī الحنابلة
If the husband of a revocably divorced woman dies, she begins the death iddah of four months and ten days, without disagreement. A woman in a final divorce continues her divorce iddah, unless he divorced her in his final illness: then she observes the longer of the two terms.4
What can change this
Sources
- 1
Ibn ʿĀbidīn, Radd al-Muḥtār ʿalā al-Durr al-Mukhtār (Ḥanafī), Ḥalabī ed., 3:513
- 2
al-Dardīr, al-Sharḥ al-Kabīr, with Ḥāshiyat al-Dasūqī (Mālikī), 2:475
- 3
al-Nawawī, Rawḍat al-Ṭālibīn (Shāfiʿī), 8:399
- 4
Ibn Qudāmah, al-Mughnī (Ḥanbalī), Maktabat al-Qāhirah ed., 8:115–116
- 5
Ibn Qudāmah, al-Mughnī (Ḥanbalī), Maktabat al-Qāhirah ed., 8:117–118
- 6
Saḥnūn, al-Mudawwanah (Mālikī; Mālik’s answers as reported by Ibn al-Qāsim), 2:11