Our home is rented, I cannot afford it, or I do not feel safe there alone. Can I move during my iddah?
The rule is to spend the iddah in the home you lived in when he died, whether he owned it, rented it or it was lent.12 All four schools let you move when staying is not possible or not safe: the house is unsafe, you are put out, the lease ends, or (in the Ḥanafī and Ḥanbalī texts) you cannot pay the rent.34 You never have to stay where you are not safe; moving does not end or shorten the iddah, you keep it in the new home.
What the four schools say
The schools agree she may move when staying is impossible or unsafe. They differ on rent she cannot pay, on harm from neighbors, and on where she moves to.
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Ḥanafī الحنفية
She stays in the home and does not leave it unless she is put out, the house collapses or she fears it will, she fears for her property, or she cannot find the rent, or a similar necessity; then she moves to the nearest place.3 One example given: if she is afraid at night because of the death, with no one with her, and the fear is severe, she may move.5
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Mālikī المالكية
She may move for an excuse that makes staying impossible, such as the house falling down or fear of a bad neighbor or thieves, and keeps to the new home; moving without an excuse, she is returned.7 For lesser harm from neighbors, such as quarrels, she takes it to an authority that can stop it rather than moving, and may move if there is none; al-Dasūqī says fear of a bad neighbor for her own safety, or where she cannot take it to an authority, is the excuse named above that allows moving.8 Her right to housing from the estate depends on the marriage being consummated and the home being his or its rent paid; otherwise she pays the rent herself.9
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Shāfiʿī الشافعية
She moves for an excuse: fear of collapse or flooding, fear for herself, harm from neighbors, or serious harm intended against her.10 A rented home whose term has ended, when the owner will not renew at the going rent, is also a reason.11 The majority say she moves to the nearest suitable place.12
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Ḥanbalī الحنابلة
She may move if she fears collapse, flooding, an enemy or the like, if the owner takes the home back or the lease ends, if more than the going rent is asked, or if she cannot find the rent or can pay it only from her own money. What is required of her is to live there, not to secure the housing; if that becomes impossible she may live where she wishes (Abū al-Khaṭṭāb: the nearest place).14
What can change this
- Safety comes first. If you are in danger at home, leave and get help now; every school above lets a woman move for fear for herself. Your iddah continues where you go. Whether anything else changes is a separate question for a scholar, once you are safe.
- Feeling afraid and alone: the Ḥanafī text allows moving for severe fear at night with no one there; a contemporary fatwā allows moving if she has no one she knows near her and fears for her safety.56
- Moving away from the area for company, to another city or state, is not among the excuses the texts list; travel during the iddah has its own page.
Sources
- 1
Ibn Qudāmah, al-Mughnī (Ḥanbalī), Maktabat al-Qāhirah edition, 8:159
- 2
Sunan Abī Dāwūd 2300 (Furayʿah bint Mālik) · Ṣaḥīḥ (al-Albānī)
- 3
Ibn ʿĀbidīn, Radd al-Muḥtār ʿalā al-Durr al-Mukhtār (Ḥanafī), 3:536
- 4
Ibn Qudāmah, al-Mughnī (Ḥanbalī), Maktabat al-Qāhirah edition, 8:159
- 5
Ibn ʿĀbidīn, Radd al-Muḥtār ʿalā al-Durr al-Mukhtār (Ḥanafī), 3:536
7 more sources, 6 to 12
- 6
IslamQA 4706, "What Must the Mourning Widow Abide By" (contemporary fatwā; source given on the page: Shaikh ibn Baz)
- 7
al-Dasūqī, Ḥāshiyah ʿalā al-Sharḥ al-Kabīr of al-Dardīr (Mālikī), 2:486
- 8
al-Dasūqī, Ḥāshiyah ʿalā al-Sharḥ al-Kabīr of al-Dardīr (Mālikī), 2:487
- 9
al-Dasūqī, Ḥāshiyah ʿalā al-Sharḥ al-Kabīr of al-Dardīr (Mālikī), 2:484
- 10
al-Khaṭīb al-Shirbīnī, Mughnī al-Muḥtāj (Shāfiʿī), 5:107
- 11
al-Khaṭīb al-Shirbīnī, Mughnī al-Muḥtāj (Shāfiʿī), 5:111
- 12
al-Khaṭīb al-Shirbīnī, Mughnī al-Muḥtāj (Shāfiʿī), 5:107