Questions Death and funeral

Does a widow get maintenance during her iddah?

Checked by our team

Short answer

Not in the Hanafi school. A widow has no right to maintenance (nafaqah) or housing costs from her husband's estate during the iddah, because she receives her fixed share of inheritance instead. Any unpaid mahr is a debt the estate pays first. The schools agree there is no maintenance, and some give her a right to housing.

Hanafi position

A widow is not owed nafaqah or housing (sukna) from the estate during the iddah of death, whether or not she is pregnant. She lives from her own wealth, including her inheritance share and any unpaid mahr, which is paid before the estate is divided.

Other madhhabs
Shafi'i
She has a right to housing from the estate during the iddah in the stronger view, but no maintenance.
Maliki
She has a right to housing if the home belonged to the husband or its rent was already paid, but no maintenance.

Explanation

During some divorce iddahs, the husband must keep supporting his ex-wife. A widow's case is different: her husband has died, his wealth now belongs to his heirs, and she is one of them.

  • Her unpaid mahr, if any was deferred, is a debt on the estate and is paid before inheritance; see debts of the dead.
  • Her inheritance share is one quarter of the estate if he left no children and one eighth if he did, shared between wives if there is more than one; see who inherits.
  • A bequest to her is not valid, since she is an heir, unless the other heirs agree.

Where she lives. She stays in the home she lived in when he died. If it was his, it is now part of the estate, and she lives there as one of its owners; the heirs should not push her out during the iddah. If it is rented, the rent from now on comes from her own money or her share, though family may help as a kindness. If she cannot afford to stay, she may move.

Why no maintenance? Early in Islam a widow was given a year's maintenance by bequest. The four schools hold that this was replaced by the iddah of four months and ten days and by the widow's fixed share in the verses of inheritance.

In real life, children, in-laws and the community should support a widow generously; it is a great deed even where it is not a legal duty. Pensions, joint accounts and life insurance raise detailed questions, so ask a mufti.

Ask a mufti about your own case. This answer explains the general ruling. When the details of your situation matter, as they do here, ask a qualified mufti and give them the full facts. Where to ask a scholar.

The evidence

Quran, Surah Al-Baqara 2:240

وَٱلَّذِينَ يُتَوَفَّوْنَ مِنكُمْ وَيَذَرُونَ أَزْوَٰجًۭا وَصِيَّةًۭ لِّأَزْوَٰجِهِم مَّتَٰعًا إِلَى ٱلْحَوْلِ غَيْرَ إِخْرَاجٍۢ ۚ فَإِنْ خَرَجْنَ فَلَا جُنَاحَ عَلَيْكُمْ فِى مَا فَعَلْنَ فِىٓ أَنفُسِهِنَّ مِن مَّعْرُوفٍۢ ۗ وَٱللَّهُ عَزِيزٌ حَكِيمٌۭ ﴿٢٤٠﴾

And those who are taken in death among you and leave wives behind - for their wives is a bequest: maintenance for one year without turning [them] out. But if they leave [of their own accord], then there is no blame upon you for what they do with themselves in an acceptable way. And Allah is Exalted in Might and Wise.

This earlier ruling was replaced by the iddah and the inheritance share.

Quran 2:240, translation by Sahih International

Quran, Surah An-Nisaa 4:12

۞ وَلَكُمْ نِصْفُ مَا تَرَكَ أَزْوَٰجُكُمْ إِن لَّمْ يَكُن لَّهُنَّ وَلَدٌۭ ۚ فَإِن كَانَ لَهُنَّ وَلَدٌۭ فَلَكُمُ ٱلرُّبُعُ مِمَّا تَرَكْنَ ۚ مِنۢ بَعْدِ وَصِيَّةٍۢ يُوصِينَ بِهَآ أَوْ دَيْنٍۢ ۚ وَلَهُنَّ ٱلرُّبُعُ مِمَّا تَرَكْتُمْ إِن لَّمْ يَكُن لَّكُمْ وَلَدٌۭ ۚ فَإِن كَانَ لَكُمْ وَلَدٌۭ فَلَهُنَّ ٱلثُّمُنُ مِمَّا تَرَكْتُم ۚ مِّنۢ بَعْدِ وَصِيَّةٍۢ تُوصُونَ بِهَآ أَوْ دَيْنٍۢ ۗ وَإِن كَانَ رَجُلٌۭ يُورَثُ كَلَٰلَةً أَوِ ٱمْرَأَةٌۭ وَلَهُۥٓ أَخٌ أَوْ أُخْتٌۭ فَلِكُلِّ وَٰحِدٍۢ مِّنْهُمَا ٱلسُّدُسُ ۚ فَإِن كَانُوٓا۟ أَكْثَرَ مِن ذَٰلِكَ فَهُمْ شُرَكَآءُ فِى ٱلثُّلُثِ ۚ مِنۢ بَعْدِ وَصِيَّةٍۢ يُوصَىٰ بِهَآ أَوْ دَيْنٍ غَيْرَ مُضَآرٍّۢ ۚ وَصِيَّةًۭ مِّنَ ٱللَّهِ ۗ وَٱللَّهُ عَلِيمٌ حَلِيمٌۭ ﴿١٢﴾

And for you is half of what your wives leave if they have no child. But if they have a child, for you is one fourth of what they leave, after any bequest they [may have] made or debt. And for the wives is one fourth if you leave no child. But if you leave a child, then for them is an eighth of what you leave, after any bequest you [may have] made or debt. And if a man or woman leaves neither ascendants nor descendants but has a brother or a sister, then for each one of them is a sixth. But if they are more than two, they share a third, after any bequest which was made or debt, as long as there is no detriment [caused]. [This is] an ordinance from Allah, and Allah is Knowing and Forbearing.

The widow's provision now comes through her fixed share.

Quran 4:12, translation by Sahih International

Sunan Abi Dawud 2300

Graded sahih

... امكثي في بيتك حتى يبلغ الكتاب أجله ...

"Stay in your house until the prescribed term is complete."

The widow stays in her home during the iddah.

Sunan Abi Dawud 2300 · Graded sahih by al-Albani · Read on sunnah.com

Where the ruling is recorded

  • al-Hidaya, Kitab al-Talaq, Bab al-Nafaqah. No maintenance for a widow in her iddah.
  • Radd al-Muhtar (Ibn Abidin), Kitab al-Talaq, Bab al-Nafaqah. No maintenance or housing for the widow, even if pregnant.
  • Minhaj al-Talibin, Kitab al-'Idad, chapter on housing in the iddah. The Shafi'i right of housing for the widow.

Checked by our team. For a more accurate answer to your own situation, consult a scholar. Quran translation by Sahih International. Hadith Arabic from the standard editions of the six books and the Muwatta, with gradings as recorded there; the English is our own rendering. Spotted a mistake? Tell us.