She died during the ‘iddah following divorce; can her husband wash her?

Question: 154381

A woman was divorced by her husband, and during the ‘iddah she died. Is it permissible for her husband to wash her when she was observing ‘iddah?

Praise be to Allah, and peace and blessings be upon the Messenger of Allah and his family.

Firstly:

In the answer to question no.
14016, we stated that it is
permissible for one of the spouses to wash the other (ghusl in preparation
for burial).

Secondly:

If the wife dies during the ‘iddah following divorce
(talaaq), if it was a revocable divorce, it is permissible for the husband
to wash her; by the same token, if the husband dies after issuing a
revocable divorce, his wife may wash him, because the woman who is revocably
divorced still comes under the rulings on wives, so she has the same rights
and duties as other wives.

Ibn Qudaamah (may Allah have mercy on him) said: If he
divorces his wife, then one of them dies during the ‘iddah, if the divorce
(talaaq) was revocable, then they come under the same rulings as spouses
before divorce, because she is still regarded as a wife and should observe
‘iddah following the husband’s death; and she inherits from him and he
inherits from her, and it is permissible for him to have intercourse with
her.

End quote from al-Mughni, 2/201

But if the divorce was in return for compensation (as in the
case of khula‘) or there had been three divorces (talaaqs), it is not
permissible for one of them to wash the other, because the marital
relationship has come to an end.

Ibn Qudaamah (may Allah have mercy on him) said: If it was a
final, irrevocable divorce, It is not permissible, because it is haraam to
touch or look (at one another) when still alive, and that applies more
emphatically so after death.

End quote from al-Mughni, 2/201

Ibn ‘Abd al-Barr (may Allah have mercy on him) said: They
(the scholars) are unanimously agreed that an irrevocably divorced woman
cannot wash her husband if he dies during her ‘iddah.

End quote from al-Istidhkaar, 3/11.

An-Nawawi (may Allah have mercy on him) said: They are
unanimously agreed that the case of complete or irrevocable divorce, the
surviving spouse cannot wash the spouse who has died.

End quote from Sharh al-Muhadhdhab, 5/116

And Allah knows best.

Source:

Islam Q&A

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