Sunan an-Nasa'i 3517

A man came to Ibn `Abbas while Abu Huraira was sitting with him and said, "Give me your verdict regarding a lady who delivered a baby forty days after the death of her husband." Ibn `Abbas said, "This indicates the end of one of the two prescribed periods." I said "For those who are pregnant, their prescribed period is until they deliver their burdens." Abu Huraira said, I agree with my cousin (Abu Salama)." Then Ibn `Abbas sent his slave, Kuraib to Um Salama to ask her (regarding this matter). She replied. "The husband of Subai'a al Aslamiya was killed while she was pregnant, and she delivered a baby forty days after his death. Then her hand was asked in marriage and Allah's Messenger (ﷺ) married her (to somebody). Abu As-Sanabil was one of those who asked for her hand in marriage".

Yahya related to me from Malik from Abdu Rabbih ibn Said ibn Qays that Abu Salama ibn Abd ar-Rahman said that Abdullah ibn Abbas and Abu Hurayra were asked when a pregnant woman whose husband had died could remarry. Ibn Abbas said, "At the end of two periods." Abu Hurayra said, "When she gives birth, she is free to marry." Abu Salama ibn Abd ar-Rahman visited Umm Salama, the wife of the Prophet, (ﷺ), and asked her about it Umm Salama said, ''Subaya al-Aslamiya gave birth half a month after the death of her husband, and two men asked to marry her. One was young and the other was old. She preferred the young man and so the older man said, 'You are not free to marry yet.' Her family were away and he hoped that when her family came, they would give her to him. She went to the Messenger of Allah, (ﷺ), and he said, 'You are free to marry, so marry whomever you wish.' "

Abu Hurairah, Ibn Abbas and Abu Salamah bin Abdur-Rahman mentioned the pregnant women whose husband died and she gave birth after the death of her husband. So Ibn Abbas said: "She observes Iddah until the end of the two terms." Abu Salamah said: "Rather, she is allowed when she gives birth." Abu Hurairah said: "I am with my nephew," meaning Abu Salamah.So he sent a message to Umm Salamah the wife of the Prophet. She said: "Subai'ah Al-Aslamiyyah gave birth a short time after her husband died, so she sought the judgment of the Messenger of Allah and he ordered her to get married."

"Abu Hurairah and Ibn 'Abbas differed concerning the widow who gives birth after her husband's death. Abu Hurairah said: 'She may be married.' Ibn 'Abbas said: '(She has to wait) for the longer of the two periods.' They sent word to Umm Salamah and she said: 'The husband of Subai'ah died and she gave birth fifteen days -half a month- after her husband died.' She said: 'Two men proposed marriage to her, and she was inclined toward one of them. When they feared that she was becoming single-minded (on this issue, and not consulting her family), they said: It is not permissible for you to marry. She went to the Messenger of Allah and he said: 'It is permissible for you to marry, so marry whomever you want.''"

"Ibn 'Abbas and Abu Hurairah were asked about the woman whose husband dies when she is pregnant. Ibn 'Abbas said: '(She should wait) for the longer of the two periods.' Abu Hurairah said: 'When she gives birth it becomes permissible for her to marry.' Abu Salamah went to Umm Salamah and asked her about that, and she said: 'Subai'ah Al-Aslamiyyah gave birth half a month after her husband died, and two men proposed to her. One was young and one was old, and she was inclined toward the young one. So the old one said: It is not permissible for you to marry. Her family was not there, and he hoped that if he went to her family they would marry her to him. She went to the Messenger of Allah and he said: It is permissible for you to marry, so marry whomever you want.'"

"It was said to Ibn 'Abbas concerning a woman who gives birth one day after her husband died: 'Can she get married?' He said: 'No, not until the longer of the two periods has ended.' He said: 'Allah says: And for those who are pregnant (whether they are divorced or their husbands are dead), their 'Iddah (prescribed period) is until they lay down their burden.' He said: 'That only applies in the case of divorce.' Abu Hurairah said: 'I agree with my brother's son' --meaning, Abu Salamah. He sent his slave Kuraib and told him: 'Go to Umm Salamah and ask her: Was this the Sunnah of the Messenger of Allah?' He came back and said: 'Yes, Subai'ah Al-Aslamiyyah gave birth twenty days after her husband died, and the Messenger of Allah told her to get married, and Abu As-Sanabil was one of those who proposed marriage to her.'"