The Ruling on the Deferred Mahr in the Case of Death
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The Shaykh : Read the second and final question.
The questioner : Okay, regarding the deferred mahr in the marriage contract.
The Shaykh : And upon you be peace, and Allah’s mercy and blessings. Yes.
The questioner : In the marriage contract, they specify the deferred mahr, which is a sum payable upon divorce. Is it obligatory to fulfill this mahr by taking it from his estate in the event of his death, and deducting it from the deferred mahr?
The Shaykh : If the wife does not waive her right, it is obligatory to give it to her.
The questioner : Look.
The Shaykh : And upon you be peace, yes?
The questioner : This condition in our country here is contingent upon divorce, meaning there is no mention of it in the case of death.
The Shaykh : No, that is not the case. This is her right. If she waives it, that is fine; otherwise, it is her right.
The presenter : May Allah bless you.
The questioner : Okay, regarding the deferred mahr in the marriage contract.
The Shaykh : And upon you be peace, and Allah’s mercy and blessings. Yes.
The questioner : In the marriage contract, they specify the deferred mahr, which is a sum payable upon divorce. Is it obligatory to fulfill this mahr by taking it from his estate in the event of his death, and deducting it from the deferred mahr?
The Shaykh : If the wife does not waive her right, it is obligatory to give it to her.
The questioner : Look.
The Shaykh : And upon you be peace, yes?
The questioner : This condition in our country here is contingent upon divorce, meaning there is no mention of it in the case of death.
The Shaykh : No, that is not the case. This is her right. If she waives it, that is fine; otherwise, it is her right.
The presenter : May Allah bless you.
Source
سلسلة الهدى والنور، المجلس 1306 — d3watuna.com (18:14)
The Arabic text is a machine transcription of the audio recording.