We had our nikāḥ but never lived together. Do I still have an iddah?
Yes. When a husband dies, the iddah of four months and ten days applies whether or not the marriage was consummated; all four schools say so.1234 The rule that there is no iddah before consummation is about divorce, not death.45
What the four schools say
All four schools agree: a widow observes the death iddah even if the marriage was never consummated. Ibn Qudāmah reports the agreement of the scholars on this.
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Ḥanafī الحنفية
The death iddah is four months and ten days whether or not the marriage was consummated, provided it was valid until his death.1 Ibn ʿĀbidīn adds that the widow must mourn even if the marriage was not consummated.7
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Mālikī المالكية
Four months and ten days after a valid marriage, whether or not he consummated it. If it was not consummated, she is free when the four months and ten days pass, without the extra detail that applies after consummation.2
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Shāfiʿī الشافعية
The death iddah of four months and ten days is the same for the consummated and the unconsummated wife.3
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Ḥanbalī الحنابلة
The scholars agree that the death iddah is four months and ten days, consummated or not. The verse that removes the iddah before consummation (33:49) speaks of divorce; nothing narrows the death iddah, which is kept as a protection.4
What can change this
- Divorce is different: a woman divorced before consummation has no iddah.5 That does not carry over to the death of a husband.4
- Ibn Masʿūd ruled that a woman whose husband died before consummation must observe the iddah and inherits, and a Companion said the Prophet ﷺ judged the same for Birwaʿ bint Wāshiq. The Companions who differed in that case differed on the dowry; they too said she observes the iddah.6
- This is for a valid marriage. A marriage that was invalid has its own rules; the Mālikī text, for example, sets a different iddah for a marriage all agree was invalid.2
Sources
- 1
Ibn ʿĀbidīn, Radd al-Muḥtār ʿalā al-Durr al-Mukhtār (Ḥanafī), Ḥalabī ed., 3:510
- 2
al-Dardīr, al-Sharḥ al-Kabīr, with Ḥāshiyat al-Dasūqī (Mālikī), 2:475
- 3
al-Nawawī, Rawḍat al-Ṭālibīn (Shāfiʿī), 8:398–399
- 4
Ibn Qudāmah, al-Mughnī (Ḥanbalī), Maktabat al-Qāhirah ed., 8:115–116
- 5
Qurʾān, al-Aḥzāb 33:49
2 more sources, 6 to 7
- 6
Jāmiʿ al-Tirmidhī 1145 · Ḥasan ṣaḥīḥ (al-Tirmidhī, in the text on the page); no separate grade shown
- 7
Ibn ʿĀbidīn, Radd al-Muḥtār ʿalā al-Durr al-Mukhtār (Ḥanafī), Ḥalabī ed., 3:531