Section

Second: A woman whose husband has died and who is not pregnant by him, whether before or after consummation, …

His statement, “Second,” means the second category of women observing a waiting period.

His statement, “whose husband has died”: The difference between mutawaffī and mutawaffā is that the former is an active participle, while the latter is a passive participle. The correct form is the passive participle, because Allah, Most High, says:

“Allah takes the souls at the time of their death.” [az-Zumar: 42]

Thus, the person is one whose soul is taken. It is permissible—though this is a very weak linguistic usage—to treat it as an active participle, mutawaffī, meaning that his appointed term and provision have been fully received and completed. However, the first is more correct.

His statement, “not pregnant by him,” excludes a pregnant woman, whose waiting period, as mentioned previously, ends upon delivery.

His statement, “whether before or after consummation,” also includes before or after seclusion. Is it a condition that she be of an age at which intercourse is possible, and that he be of an age at which he could father a child? This is not a condition. In the waiting period due to death, only one condition is required: that the marriage not be invalid. Nothing else is required. Thus, intercourse, seclusion, maturity, sanity, or anything else is not stipulated. Therefore, we say: whether before or after consummation; before or after seclusion; whether in childhood or adulthood. If a man contracts marriage with a two-year-old girl and then dies, she must observe the waiting period and mourning. She is therefore kept from adornment and perfume, and may not leave the house except for a need.

The evidence for this is the generality of the verse:

“And those of you who die and leave wives behind …” [al-Baqarah: 234]

Allah did not restrict this with any condition; rather, it is enough that she is his wife. This is why she inherits from him and he inherits from her.