Both of them wrote to Subayah bint Harith asking her about her situation, and she wrote back to them that she gave birth twenty-five days after her husband's death, then prepared herself and began seeking a suitable match.Abu Sanabil bin Bakak passed by her and said, "You have been too quick. Observe the longer of the two waiting periods, four months and ten days."So I went to the Prophet ﷺ and said, "Messenger of Allah, ask forgiveness for me."He asked, "For what reason?"I told him what had happened.He said, "If you find a righteous husband, then marry."
أنهما كتبا إلى سبيعة بنت الحارث يسألانها عن أمرها فكتبت إليهما: أنها وضعت بعد وفاة زوجها بخمسة وعشرين فتهيأت تطلب الخير. فمر بها أبو السنابل بن بعكك. فقال: قد أسرعت اعتدى آخر الأجلين، أربعة أشهر وعشرا. فأتيت النبي ﷺ فقلت: يا رسول الله استغفر لي. قال وفيم ذاك؟ فأخبرته. فقال: إن وجدت زوجا صالحا فتزوجي.
Ibn Majah narrated it (2028), "Abu Bakr bin Abu Shayba told us, he said, Ali bin Mushir told us, from Dawud bin Abu Hind, from Shaybi, from Masruq and Amr bin Utba," and they both mentioned it. Its isnad is sahih.Abu Sanabil's name has been much disputed, and Askari asserted definitively that his name was in fact his kunya. As for Bukhari's statement, "It is not correct that Abu Sanabil lived on after the Prophet ﷺ," Ibn Saad asserted definitively that he did remain alive after the Prophet ﷺ for a period of time. Barqi said, "Abu Sanabil later married Shabiah, and she bore him Sanabil bin Abu Sanabil." He then settled in Makkah, though it is also said he settled in Kufa, and all of this points to the fact that he lived on after the Prophet ﷺ for some time. So it is not far-fetched that Aswad heard from him.His word "taalat" means "she rose up," that is, she became pure from postpartum bleeding. And his word "fatashawwafat," with the letter fa, means she became eager and longed for marriage.Tirmidhi said, "The practice among most of the scholars from the companions of the Prophet ﷺ and others is that a pregnant woman whose husband has died, once she gives birth, marriage becomes lawful for her, even if her waiting period has not yet ended. This is the view of Sufyan Thawri, Shafii, Ahmad, and Ishaq." Some scholars among the companions of the Prophet ﷺ and others said, "She observes whichever of the two periods is longer." But the first view is more sahih. End of quote.The ruling for a pregnant divorced woman is the same as that for a pregnant woman whose husband has died.As for what has been narrated concerning Zubayr bin Awwam, that Umm Kulthum bint Uqba was married to him, and while pregnant she said to him, "Ease my mind with one divorce." So he pronounced one divorce upon her, then went out to pray, and when he returned she had already given birth. He said, "What is wrong with her? She deceived me, may Allah deceive her." Then he went to the Prophet ﷺ, who said, "The decree has outpaced its term, so propose to her yourself." This narration is daif.Ibn Majah narrated it (2064) from Muhammad bin Umar bin Hayaj, who said, "Qabisa bin Uqba told us, he said, Sufyan told us, from Amr bin Maymun, from his father, from Zubayr bin Awwam," and he mentioned it.I say, this chain contains Qabisa bin Uqba, about whose narrations from Sufyan Thawri scholars have raised concerns due to his young age at the time, so that he used to make mistakes in narrating from him. It also contains a break in the chain, for Maymun, that is, Ibn Mihran, his narration from Zubayr bin Awwam is disconnected, as Busiri stated.However, Bayhaqi narrated it (7/421) through another route, from Ubaydullah Ashjai, from Amr bin Maymun, from his father, from Umm Kulthum bint Uqba, that she was married to Zubayr, and she came to him while he was performing wudu, and he then related the story. Ubaydullah Ashjai is more reliable in narrating from Sufyan than Qabisa bin Uqba, and he made the hadith part of the musnad of Umm Kulthum, which is more sahih than the other version. Yet the defect of disconnection still remains in it, for Maymun bin Mihran was born in the year 40, as stated in Tahzib Kamal, while Umm Kulthum bint Uqba was among the female migrants, she migrated to Madinah with no husband, having none in Makkah. Zayd bin Haritha then married her, and he was killed. Then Zubayr bin Awwam married her, then divorced her. Then Abdul-Rahman bin Awf married her, and he died while married to her. Then Amr bin As married her, and she died while married to him.Amr bin As died in the year 43 AH according to the correct view, as Ibn Hajar stated in Tahzib, and it is also said that Umm Kulthum bint Uqba died during the caliphate of Ali, who himself died in the year 40 AH. This makes clear that a meeting between Maymun bin Mihran and Umm Kulthum bint Uqba is likewise not possible, even though her death came later than that of Zubayr bin Awwam. And success comes from Allah.The matter on which there is no disagreement is that the waiting period of a pregnant divorced woman ends with giving birth, based on the words of Allah, may He be exalted, as mentioned earlier, and because the waiting period was legislated to ascertain the clearing of the womb. It has been narrated from Ibn Masud that he said, "The term for every pregnant woman is that she give birth to what is in her womb."Mourning follows the waiting period, so if a pregnant woman whose husband has died is in the early months of pregnancy, her mourning continues until she gives birth, even if that reaches nine months or more.