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If her absent husband dies or divorces her, she observes her waiting period from the time of the separation, even if she does not observe mourning. The waiting period of a woman who has been intercourse with under a mistaken assumption, through fornication, or under an invalid marriage contract is like that of a divorced woman, …

His statement, “If her absent husband dies or divorces her,” means: her absent husband.

His statement, “she observes her waiting period from the time of the separation, even if she does not observe mourning”: the word furqah may be pronounced furqah or firqah, but they differ in meaning. Firqah means a group, whereas furqah, with the vowel u, means separation. Thus, she observes her waiting period from the time of separation, even if she learns of his death only some time afterward, or learns of his divorce only some time afterward. This is the preponderant view.

The evidence is Allah’s saying: “Divorced women shall wait by themselves for three menstrual periods.” [al-Baqarah 2:228] From the moment he separates from her, she is rightly described as divorced. Since she is described as divorced from the time he separated from her, her waiting period begins from that separation and consists of three menstrual periods.

Likewise, Allah says concerning a woman whose husband has died: “Those of you who die and leave wives behind, they shall wait by themselves for four months and ten days.” [al-Baqarah 2:234] When do they leave their wives behind? Immediately upon death. Accordingly, a divorced woman observes her waiting period from the time her husband divorces her. So, if he divorced her without her knowing, and she then menstruated twice before learning of it, only one menstrual period remains for her. If she learns of it after having menstruated three times, her waiting period has ended.

The same applies to a woman whose husband has died. If she does not learn of her husband’s death until two months have passed, two months and ten days remain for her. If she does not learn of it until after the period has ended, then it has already ended. Hence he said, “even if she does not observe mourning,” meaning: even if she does not undertake mourning, which is refraining from adornment and from whatever may invite intercourse with her. This applies to the woman whose husband has died, for she is the one required to observe mourning. In this case, however, mourning falls away because it is ancillary to the waiting period, and the waiting period has become known to have ended with the passing of four months and ten days from his death.