The woman's mahr if her husband dies before consummation, and she inherits from him and observes the waiting period
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Fatwa No. ( 10273 )
Q: I, the one called (A. M. A.), have proposed the daughter of the one called (M. F. A.) to my son (M. A. A.), and he agreed to this. The marriage contract was concluded, and I paid him a sum of twenty-five thousand Saudi riyals, which he stipulated for himself. It is customary that if consummation is intended, the necessary furniture and other items are prepared for the woman. After five months or more had passed since the contract, Allah the Exalted decreed the death of my son (M. A. A.). Then we went to the girl's father and asked him to marry the girl, whose first husband had died, to my other son after the completion of the waiting period. Then he asked us to refer the matter to the scholars for a ruling in response to this question: Does the woman whose first husband died have a right to what remained in his debt, or not? Knowing that he left no money, and his father used to spend on him, and he did not have independent control over anything, even this amount which his father (A. M. A.) was asked to pay. Then, is there a waiting period for the woman? Then, is she entitled to the mahr which is customary to be received at the time of consummation, which did not take place? Then, is the money that
the girl's father took to be returned, even if he marries her to my other son? We hope for your excellence to answer everything mentioned in the question, with the kindness of citing the evidence for it.
A: First: If the marriage contract is concluded with the woman and her husband dies before consummation, it is obligatory for her to observe the waiting period of death, which is four months and ten days. Second: The mahr is obligatory for the aforementioned woman. If it was specified, she takes it; if it was not specified, she is given the mahr of the like. Third: The aforementioned woman inherits one-fourth of her husband's wealth if he has no children. If he has children, she inherits one-eighth. This is after settling his debts and executing his lawful bequest. Fourth: It is permissible for her, after the completion of the waiting period of death, to marry the brother of the deceased husband or someone else. The girl's father does not have to return the money he took, even if he marries her to his other son. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his companions.
Q: I, the one called (A. M. A.), have proposed the daughter of the one called (M. F. A.) to my son (M. A. A.), and he agreed to this. The marriage contract was concluded, and I paid him a sum of twenty-five thousand Saudi riyals, which he stipulated for himself. It is customary that if consummation is intended, the necessary furniture and other items are prepared for the woman. After five months or more had passed since the contract, Allah the Exalted decreed the death of my son (M. A. A.). Then we went to the girl's father and asked him to marry the girl, whose first husband had died, to my other son after the completion of the waiting period. Then he asked us to refer the matter to the scholars for a ruling in response to this question: Does the woman whose first husband died have a right to what remained in his debt, or not? Knowing that he left no money, and his father used to spend on him, and he did not have independent control over anything, even this amount which his father (A. M. A.) was asked to pay. Then, is there a waiting period for the woman? Then, is she entitled to the mahr which is customary to be received at the time of consummation, which did not take place? Then, is the money that
the girl's father took to be returned, even if he marries her to my other son? We hope for your excellence to answer everything mentioned in the question, with the kindness of citing the evidence for it.
A: First: If the marriage contract is concluded with the woman and her husband dies before consummation, it is obligatory for her to observe the waiting period of death, which is four months and ten days. Second: The mahr is obligatory for the aforementioned woman. If it was specified, she takes it; if it was not specified, she is given the mahr of the like. Third: The aforementioned woman inherits one-fourth of her husband's wealth if he has no children. If he has children, she inherits one-eighth. This is after settling his debts and executing his lawful bequest. Fourth: It is permissible for her, after the completion of the waiting period of death, to marry the brother of the deceased husband or someone else. The girl's father does not have to return the money he took, even if he marries her to his other son. 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.