She married him for a year and he did not have intercourse with her, then he died. Is it obligatory for her to observe the mourning period, and does she inherit from him?
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Fatwa number ( 1301 )
Q: I have a sister who married my cousin. She stayed with him for a period of no less than a year, and he did not have intercourse with her—that is, he did not consummate the marriage—because he was idle with regard to her. The aforementioned man has passed away. Is it obligatory for her to observe the mourning period or not, and does she inherit from him along with his brothers or not?
A: If the situation is as described, that he died while she was his wife, except that he did not have intercourse with her, then she must observe the mourning period for the duration of the waiting period, which is: four months and ten days, from the date of death. She is entitled to inherit from his estate. His failure to have intercourse with her does not exempt her from the mourning period, nor does it prevent her from inheriting from his estate, just as if he had died before he had been alone with her. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: I have a sister who married my cousin. She stayed with him for a period of no less than a year, and he did not have intercourse with her—that is, he did not consummate the marriage—because he was idle with regard to her. The aforementioned man has passed away. Is it obligatory for her to observe the mourning period or not, and does she inherit from him along with his brothers or not?
A: If the situation is as described, that he died while she was his wife, except that he did not have intercourse with her, then she must observe the mourning period for the duration of the waiting period, which is: four months and ten days, from the date of death. She is entitled to inherit from his estate. His failure to have intercourse with her does not exempt her from the mourning period, nor does it prevent her from inheriting from his estate, just as if he had died before he had been alone with her. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.