Inheritance and the Marriage Contract
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Question: If a man contracts a marriage with a girl and does not consummate it, and one of them dies leaving the other, does one inherit from the other or not? What is the ruling regarding the waiting period if the man dies before consummating the marriage with his wife? Does she have to observe a waiting period or not?
Answer: If the marriage contract is completed, fulfilling its conditions and pillars, and then one of the spouses dies before consummation, the marriage contract remains valid, and inheritance occurs between the spouses.Due to the generality of His saying, the Exalted: [Surat al-Nisa: 12], and the verse is general regarding whoever dies leaving her, or general regarding death before or after consummation. So, if the marriage contract is completed and one of the spouses dies before consummation, the marital bond remains, and inheritance between them is prescribed, due to the generality of the noble verse.
As for the waiting period, she is also required to observe the waiting period for death if her husband, whom she contracted to marry, dies before consummation.Due to the generality of His saying, the Exalted: [Surat al-Baqarah: 234],
This applies to whoever dies leaving her before or after consummation, and she has the right to inheritance as we mentioned.
Answer: If the marriage contract is completed, fulfilling its conditions and pillars, and then one of the spouses dies before consummation, the marriage contract remains valid, and inheritance occurs between the spouses.Due to the generality of His saying, the Exalted:
And for you is half of what your wives leave if they have no child. But if they have a child, for you is one fourth of what they leave, after any bequest they [may have] made or debt. And for the wives is one fourth if you leave no child. But if you leave a child, then for them is an eighth of what you leave, after any bequest you [may have] made or debt.
وَلَكُمْ نِصْفُ مَا تَرَكَ أَزْوَاجُكُمْ إِنْ لَمْ يَكُنْ لَهُنَّ وَلَدٌ فَإِنْ كَانَ لَهُنَّ وَلَدٌ فَلَكُمُ الرُّبُعُ مِمَّا تَرَكْنَ مِنْ بَعْدِ وَصِيَّةٍ يُوصِينَ بِهَا أَوْ دَيْنٍ وَلَهُنَّ الرُّبُعُ مِمَّا تَرَكْتُمْ إِنْ لَمْ يَكُنْ لَكُمْ وَلَدٌ فَإِنْ كَانَ لَكُمْ وَلَدٌ فَلَهُنَّ الثُّمُنُ مِمَّا تَرَكْتُمْ مِنْ بَعْدِ وَصِيَّةٍ تُوصُونَ بِهَا أَوْ دَيْنٍAs for the waiting period, she is also required to observe the waiting period for death if her husband, whom she contracted to marry, dies before consummation.Due to the generality of His saying, the Exalted:
And those who are taken in death among you and leave wives behind - they, [the wives, shall] wait four months and ten [days]
وَالَّذِينَ يُتَوَفَّوْنَ مِنْكُمْ وَيَذَرُونَ أَزْوَاجًا يَتَرَبَّصْنَ بِأَنْفُسِهِنَّ أَرْبَعَةَ أَشْهُرٍ وَعَشْرًاThis applies to whoever dies leaving her before or after consummation, and she has the right to inheritance as we mentioned.