The death of a husband before consummation: Is there a waiting period for widowhood, and does she inherit from him?
Machine translationRead the Arabic original
Fatwa number ( 17599 )
Q: If a man contracts marriage with a woman and dies without consummating the marriage, does she inherit from him, and does she observe the waiting period for widowhood? And finally, I say to you: May you remain in the service of
Islam and the Muslims, and peace be upon you .
A: A woman whose husband dies after the marriage contract is concluded but before consummation is considered a wife. She is entitled to the full mahr, she is entitled to inheritance, and she must observe the waiting period. This is based on the Prophet (peace and blessings be upon him) ruling accordingly. It is narrated from Ibn Mas'ud (may Allah be pleased with him),Bulugh al-Maram 8:78 It was narrated by Imam Ahmad and the four [imams], and al-Tirmidhi graded it as authentic, while a group of scholars graded it as good. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his companions.
Q: If a man contracts marriage with a woman and dies without consummating the marriage, does she inherit from him, and does she observe the waiting period for widowhood? And finally, I say to you: May you remain in the service of
Islam and the Muslims, and peace be upon you .
A: A woman whose husband dies after the marriage contract is concluded but before consummation is considered a wife. She is entitled to the full mahr, she is entitled to inheritance, and she must observe the waiting period. This is based on the Prophet (peace and blessings be upon him) ruling accordingly. It is narrated from Ibn Mas'ud (may Allah be pleased with him),
He was asked about a man who had married a woman and had not fixed a dowry for her. And he did not consummate (the marriage) with her till he died. Ibn Mas'ud replied, "She should receive a dowry similar to what the women of her community receive without decrease or increase. She must observe the 'Iddah period (of waiting before re-marrying and is entitled to a share of the inheritance." Ma'qil bin Sinan al-Ashja'i then got up and said, "Allah's Messenger (ﷺ) ruled the same as your ruling regarding Birwa', daughter of Washiq, a woman of our tribe." Ibn Mas'ud was delighted with it.
أنه سئل عن رجل تزوج امرأة ولم يفرض لها صداقا ولم يدخل بها حتى مات، فقال ابن مسعود -رضي الله عنه-: لها مثل صداق نسائها، لا وكس ولا شطط، وعليها العدة ولها الميراث، فقام معقل بن سنان الأشجعي فقال: قضى رسول الله -صلى الله عليه وسلم- في بروع بنت واشق امرأة منا مثل ما قضيت، ففرح بها ابن مسعود
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.