SECTION ON DIVORCE · 45 – THE EVIDENCES OF THOSE WHO SAY A WOMAN MAY SPEND HER WAITING PERIOD WHEREVER SHE WISHES
2301 – Ibn ʿAbbās said: The verse, “...if they go out, there is no blame upon you for what they do with themselves in an appropriate manner” abrogated the verse of the Noble Qur’an which commanded that a woman whose husband has died should spend her waiting period (ʿidda) with the family of her husband. (al-Baqara 2:240) Therefore, a woman whose husband has died may observe her waiting period wherever she wishes. The (abrogated) verse is Allah the Exalted’s saying: “(without being made to leave)” (al-Baqara 2:240). The beginning of the verse is abrogated by its end. ʿAṭāʾ also said: If she wishes, the woman completes her waiting period with the family of her husband, or she resides in the house her husband bequeathed. If she wishes, in accordance with Allah the Exalted’s verse, “If they go out, there is no blame upon you for what they do with themselves in an appropriate manner,” she may leave her husband’s house and observe her waiting period wherever she wishes. ʿAṭāʾ continued: Then the verse of inheritance was revealed, and the right of residence (suknā) was abrogated. Now, a woman may observe her waiting period wherever she wishes. [234]