The full mahr becomes due to the wife upon consummation, and it is paid from the estate if her husband dies
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Fatwa number ( 9273 )
Q: I have a brother who married for a sum of three hundred and forty thousand riyals. He paid eighty-two thousand riyals from that amount, and the remainder is guaranteed for us by a guarantor, with specific dates agreed upon between the two parties. He consummated the marriage with his wife, and they had a child who died. Now, the wife is pregnant with their second child. Allah the Exalted decreed that the aforementioned man was involved in a car accident, and he died as a result. Praise be to Allah for His decree and destiny. Now, the wife’s father is demanding the remainder, which amounts to two hundred and fifty-eight thousand riyals. Please note that the deceased left nothing behind except a sum not exceeding ten thousand riyals. We also have a piece of land that we have not yet divided. If we extract his share from this land and offer it for sale, it would not exceed approximately ten thousand riyals. I ask: Will the deceased be held accountable for sin after we pay the wife’s father all the money and land he left behind? Please note that the money and land do not exceed twenty thousand riyals. If the deceased is held accountable for the remainder after we pay all the money he left behind, I am willing to commit to paying the rest from my own account, although I have nothing besides a monthly salary of five thousand riyals. Therefore, I ask for clarification and explanation so that I may be reassured if he is not held accountable for the remainder, or so that I may begin gathering money if the deceased is held accountable for not paying this.
A: If the situation is as described, it is obligatory for your brother’s wife to receive the full amount of her mahr from your brother due to his consummation of the marriage with her. This becomes established in his estate after his death, like other debts, and is paid to her prior to his heirs. If there is a dispute regarding this, the matter is referred to the court for resolution. If you pay off the remainder of your brother’s debt on his behalf, his liability is cleared, and you will have a great reward. 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 brother who married for a sum of three hundred and forty thousand riyals. He paid eighty-two thousand riyals from that amount, and the remainder is guaranteed for us by a guarantor, with specific dates agreed upon between the two parties. He consummated the marriage with his wife, and they had a child who died. Now, the wife is pregnant with their second child. Allah the Exalted decreed that the aforementioned man was involved in a car accident, and he died as a result. Praise be to Allah for His decree and destiny. Now, the wife’s father is demanding the remainder, which amounts to two hundred and fifty-eight thousand riyals. Please note that the deceased left nothing behind except a sum not exceeding ten thousand riyals. We also have a piece of land that we have not yet divided. If we extract his share from this land and offer it for sale, it would not exceed approximately ten thousand riyals. I ask: Will the deceased be held accountable for sin after we pay the wife’s father all the money and land he left behind? Please note that the money and land do not exceed twenty thousand riyals. If the deceased is held accountable for the remainder after we pay all the money he left behind, I am willing to commit to paying the rest from my own account, although I have nothing besides a monthly salary of five thousand riyals. Therefore, I ask for clarification and explanation so that I may be reassured if he is not held accountable for the remainder, or so that I may begin gathering money if the deceased is held accountable for not paying this.
A: If the situation is as described, it is obligatory for your brother’s wife to receive the full amount of her mahr from your brother due to his consummation of the marriage with her. This becomes established in his estate after his death, like other debts, and is paid to her prior to his heirs. If there is a dispute regarding this, the matter is referred to the court for resolution. If you pay off the remainder of your brother’s debt on his behalf, his liability is cleared, and you will have a great reward. 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.