Overlapping of two ‘iddas

Question

Question: A woman was observing the ‘idda of widowhood, and only three months and thirteen days had passed when a man, considering a nikah with her to be permissible, contracted a nikah with her, and after the nikah she became pregnant. Will this second nikah be invalid (fasid) or void (batil); that is, will the pregnancy be counted in place of the length of the ‘idda of widowhood or not? If this nikah is deemed invalid (fasid), then does this relate to the time after separation (tafriq) or abandonment (mutaraka)?

Answer

The ‘idda of widowhood is four months and ten days, according to the words of the Exalted: [ar]وَٱلَّذِينَ يُتَوَفَّوْنَ مِنكُمْ وَيَذَرُونَ أَزْوَٰجًا يَتَرَبَّصْنَ بِأَنفُسِهِنَّ أَرْبَعَةَ أَشْهُرٍ وَعَشْرًا[/ar] “Those of you who die and leave wives behind — they (the wives) shall wait by themselves four months and ten days” (Surah al-Baqara, 2:234).

Source: Fatawa Mahmudiyya

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