Please can mufti advise what happens in the case if a woman is currently residing in a flat, alone with her husband and the husband takes ill and passes away. She insists that the first 40 days of her iddat she has to remain in the flat , as her husband’s rooh will be coming to that flat for that duration , after which she can go and live with her son. Is there any Shari injunction that shows the rooh of the deceased returns to its abode /dwelling?
In the Name of Allah, the Most Gracious, the Most Merciful.
Once a person passes away, his soul leaves the body and this world and goes to the world of souls ((عالم ارواح .The soul does not return to this world .
A widow will have to spend her iddat of four month and ten days (130days) in the same place where she was residing with her husband.(2)
And Allah Ta’āla Knows Best
Checked and Approved by,
Mufti Ebrahim Desai.
Fatawa Mahmudiyyah/Faruqiyyah 606/1
وَالَّذِينَ يُتَوَفَّوْنَ مِنْكُمْ وَيَذَرُونَ أَزْوَاجًا يَتَرَبَّصْنَ بِأَنْفُسِهِنَّ أَرْبَعَةَ أَشْهُرٍ وَعَشْرًا فَإِذَا بَلَغْنَ أَجَلَهُنَّ فَلَا جُنَاحَ عَلَيْكُمْ فِيمَا فَعَلْنَ فِي أَنْفُسِهِنَّ بِالْمَعْرُوفِ وَاللَّهُ بِمَا تَعْمَلُونَ خَبِيرٌ (234)(2)
Translation:”Those among you who pass away and leave wives behind, their wives keep themselves waiting for four months and ten
Days. So, when they have reached (the end of) their waiting period, there is no sin on you in what they do for
themselves in recognized manner. Allah is All-Aware of what you do.(surah Baqrah verse234)