His statement, “or through illicit intercourse,” means that mourning is even more clearly not required of a woman with whom illicit intercourse was committed.

His statement, “or in a defective marriage,” means that mourning is not required of a woman with whom intercourse took place in a marriage whose validity is disputed. The waiting period is nevertheless obligatory in a defective marriage.

His statement, “or a void marriage, or ownership of a slave-woman,” means that mourning is not required of a woman with whom intercourse took place through a void marriage or through ownership of a slave-woman. The reason is that neither of them is a wife whose husband has died.

Thus, mourning is obligatory upon every woman whose husband dies while she is in a valid marriage to him. If any condition is lacking, mourning is not obligatory.

Note: The author, may Allah have mercy on him, did not distinguish mourning for someone other than one’s husband. Mourning for anyone other than one’s husband is not permissible for more than three days; it is permissible, but not obligatory, nor is it recommended. Yet the Sacred Law has granted a concession for it, because when the shock is severe, a person’s disposition undoubtedly changes, and one does not feel inclined toward pleasures, fine clothing, or the like. Therefore, one may observe mourning for only three days. If a woman’s father dies, it is forbidden for her to observe mourning for more than three days; whereas if her husband dies, she must observe mourning for the duration of her waiting period.

“Mourning is to avoid everything that invites intercourse with her and makes looking at her desirable, …”

His statement, “Mourning is to avoid everything that invites intercourse with her and makes looking at her desirable,” is the legal definition of mourning. Its linguistic meaning has already been explained.