The Inheritance of a Wife Who Was Contracted to but Not Consummated With
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Fatwa No. ( 16359 )
Q: My paternal brother died, leaving behind his father and his daughter. This brother had been working with my father in agriculture, and he had contracted the marriage of my cousin’s daughter but did not consummate it, and then my father passed away . Does my brother’s daughter inherit from my father, and does my cousin’s daughter inherit from my brother, whom he contracted to but did not consummate with?
A: Your brother’s daughter, whose father died before your father, has no share in the inheritance of your father, who died after him. As for your brother’s wife, from whom he died after contracting the marriage but before consummating it, she inherits from him by virtue of the marriage, and her share is one-eighth. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: My paternal brother died, leaving behind his father and his daughter. This brother had been working with my father in agriculture, and he had contracted the marriage of my cousin’s daughter but did not consummate it, and then my father passed away . Does my brother’s daughter inherit from my father, and does my cousin’s daughter inherit from my brother, whom he contracted to but did not consummate with?
A: Your brother’s daughter, whose father died before your father, has no share in the inheritance of your father, who died after him. As for your brother’s wife, from whom he died after contracting the marriage but before consummating it, she inherits from him by virtue of the marriage, and her share is one-eighth. 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.