Can a woman go to work during Iddah (the post marital waiting period)?
Quran
Hadith
Islamic Text
بِسْمِ اللَّهِ الرَّحْمَنِ الرَّحِيمِ
In the Name of Allah Most Merciful Most Kind
Short Answer
A woman is not permitted to leave the house during Iddah. Therefore, she cannot go to work during Iddah. However, she can work from home. But if working is a necessity for her then she can leave for it, but it should be restricted to the degree of the necessity.
Explanation
جَابِرَ بْنَ عَبْدِ اللهِ يَقُولُ: طُلِّقَتْ خَالَتِي، فَأَرَادَتْ أَنْ تَجُدَّ نَخْلَهَا، فَزَجَرَهَا رَجُلٌ أَنْ تَخْرُجَ، فَأَتَتِ النَّبِيَّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ، فَقَالَ: بَلَى فَجُدِّي نَخْلَكِ، فَإِنَّكِ عَسَى أَنْ تَصَدَّقِي، أَوْ تَفْعَلِي مَعْرُوفًا
(Sayidina) Jabir bin Abdillah (Allah be pleased with them both) said: My maternal aunt was divorced, and she intended to harvest her dates. A man rebuked her for exiting (during the Iddah). She came to the Prophet ﷺ and he said, ‘Certainly do harvest your date palm. Perhaps you will give charity or embark upon other acts of piety.’ (Sahih Muslim 1483 – 55).
The above Hadith is seen as a proof for the permissibility of a woman going to work during Iddah. This is an exception to the normal rule. Since the Quran has placed a general prohibition upon women leaving the house during Iddah. Therefore, her leaving the house for work should be restricted to her need or necessity.
Hadith commentary
هَذَا الْحَدِيثُ دَلِيلٌ لِخُرُوجِ الْمُعْتَدَّةِ الْبَائِنِ لِلْحَاجَةِ وَمَذْهَبُ مَالِكٍ وَالثَّوْرِيِّ وَاللَّيْثِ وَالشَّافِعِيِّ وَأَحْمَدَ وَآخَرِينَ جَوَازُ خُرُوجِهَا فِي النَّهَارِ لِلْحَاجَةِ وَكَذَلِكَ عِنْدَ هَؤُلَاءِ يَجُوزُ لَهَا الْخُرُوجُ في عدة الوفاة ووافقهم أَبُو حَنِيفَةَ فِي عِدَّةِ الْوَفَاةِ. (المنهاج شرح صحيح مسلم بن الحجاج)
This Hadith is evidence for the permissibility of a woman in Iddah from a Bain divorce leaving (the home) due to necessity. The view of Malik, al-Thawri, al-Layth, al-Shafi’i, Ahmad and others is that it is permissible to leave during the daytime for a need. According to them it is also permissible for her to go out during the Iddah of death. Abu Hanifah agreed with them regarding the Iddah of death. (Imam al-Nawawi 676H, Sharh Sahih Muslim).
In the Nass (text) above, Imam al-Nawawi confirms that the Hadith is proof for the permissibility of a woman leaving her house during Iddah. He clarifies that senior Imams of Ahl al-Sunnah permit this when there is a need.
Therefore, if it becomes necessary for a woman to work, then she can leave for work during Iddah. However, these situations should be avoided, since Muslim women should not be forced into working.
Hanafi Imams
وَالْحَاصِلُ أَنَّ مَدَارَ الْحَلِّ كَوْنُ غَيْبَتِهَا بِسَبَبِ قِيَامِ شُغْلِ الْمَعِيشَةِ فَيَتَقَدَّرُ بِقَدْرِهِ، فَمَتَى انْقَضَتْ حَاجَتُهَا لَا يَحِلُّ لَهَا بَعْدَ ذَلِكَ صَرْفُ الزَّمَانِ خَارِجَ بَيْتِهَا. (فتح القدير)
In conclusion: permissibility is based upon her absence due to the occupation with earning. Thus, it is restricted to the need. So, when her need is fulfilled, it is no longer permissible for her to spend time outside her home. (Imam Ibn Humam 861H, Fath al-Qadeer).
Imam Ibn Humam clarified that the Hanafi position is that a woman can leave the house for work during Iddah. However, this is restricted to situations of need (Hajah). When there is no such need or the need has been fulfilled, then it is no longer permissible.
In the following Nass (text) Imam Ibn Abideen differentiates between the woman in Iddah from death and divorce. He explained that the first has more leeway than the second. Since the woman in Iddah from death can leave for a need (Hajah) or a necessity (Daroorah). Whereas the divorcee can only leave for a Daroorah.
مُعْتَدَّةَ الْمَوْتِ لَمَّا كَانَتْ فِي الْعَادَةِ مُحْتَاجَةً إلَى الْخُرُوجِ لِأَجْلِ أَنْ تَكْتَسِبَ لِلنَّفَقَةِ قَالُوا: إنَّهَا تَخْرُجُ فِي النَّهَارِ وَبَعْضِ اللَّيْلِ، بِخِلَافِ الْمُطَلَّقَةِ. وَأَمَّا الْخُرُوجُ لِلضَّرُورَةِ فَلَا فَرْقَ فِيهِ بَيْنَهُمَا كَمَا نَصُّوا عَلَيْهِ. (رد المحتار على الدر المختار)
The woman in the Iddah from death is usually required to leave to earn for her expenditure. They said: She may leave during the daytime and some of the night. As opposed to the divorcee. As for exiting due to necessity, there is no difference between them, as they stated. (Imam Ibn Abideen 1252H, Radd al-Muhtar).
Need v Necessity
What is the difference between a need and a necessity? This is a matter that should be studied in detail as part of a Fiqh course, since it is nuanced and not simple. However, a basic explanation is that a necessity (Daroorah) is more intense than a need (Hajah).
An example of Hajah may be when not working will lead to the woman losing her job. Thereafter finding a new job will be difficult and inconvenient. But she is likely to find a new job without her struggling to support herself. It would become a Daroorah if it is almost impossible for her to find a new job and she will struggle to keep a roof over her head and food on the table.
The widow will be permitted to work during Iddah in both cases. Whereas a divorcee will only be permitted if there is a Daroorah. If it is a situation of Hajah then she will not be permitted.
And Allah Most High Knows Best.
–Answered by Shaykh Noorud-deen Rashid (13.10.24)
See also:
https://islamanswers.co.uk/question/can-a-woman-do-iddah-at-her-parents-home/
https://islamanswers.co.uk/question/when-can-a-woman-in-iddah-move/
See video: