The remaining portion of the mahr is due to the wife from the estate of her deceased husband
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Fatwa No. ( 1009 )
Q: The content is that (I. M. H.) married his daughter to Ibn Hasan Hadi with a specified mahr. He paid half of it in advance, entered into marital relations with her, and she became pregnant from him. Then the husband died in a collision accident, and his wife gave birth to a son after his death. Is the remaining half of the mahr considered a debt in his estate that must be paid out first before distribution to the heirs, or is it not considered a debt in his estate and the entire blood money is distributed to the heirs? Please issue a ruling.
A: If the matter is as stated, then the remaining half of the mahr is obligatory in the husband's estate due to the entry into marital relations, and it is considered a debt owed to the wife. Since he did not pay it to her
during his lifetime, it must be paid to her from his estate after his death, before the distribution of his inheritance to the entitled parties, whether from the blood money or otherwise, if he has other assets. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: The content is that (I. M. H.) married his daughter to Ibn Hasan Hadi with a specified mahr. He paid half of it in advance, entered into marital relations with her, and she became pregnant from him. Then the husband died in a collision accident, and his wife gave birth to a son after his death. Is the remaining half of the mahr considered a debt in his estate that must be paid out first before distribution to the heirs, or is it not considered a debt in his estate and the entire blood money is distributed to the heirs? Please issue a ruling.
A: If the matter is as stated, then the remaining half of the mahr is obligatory in the husband's estate due to the entry into marital relations, and it is considered a debt owed to the wife. Since he did not pay it to her
during his lifetime, it must be paid to her from his estate after his death, before the distribution of his inheritance to the entitled parties, whether from the blood money or otherwise, if he has other assets. 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.