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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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A man contracted a marriage with a woman, and the man died before the marriage was consummated

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The questioner : A man contracted a marriage with a woman, and the man died before the marriage was consummated. Your Eminence, does the woman have to observe the waiting period in this case? And does she inherit? We ask Your Eminence to answer this question.

The Shaykh : If a man contracts a marriage with a woman and then dies before consummating the marriage, she must observe the waiting period for death, which is four months and ten days, due to the generality of the statement of Allah 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 بِأَنفُسِهِنَّ أَرْبَعَةَ أَشْهُرٍ وَعَشْرًا
[Al-Baqarah 2:234]
. She is entitled to inheritance, so she inherits one-fourth from her husband if he has no other wife and no children, and she inherits one-eighth if he has children. If he has another wife, she shares the one-eighth with her. She is also entitled to the full mahr, meaning the bridal gift that he stipulated for her; she is entitled to it in full. This is how the Prophet (peace and blessings be upon him) ruled in the case of Bara' bint Washiq. This is different from the case of a woman whose husband divorced her before consummation and seclusion, for she has no waiting period, and she is only entitled to half of the mahr, due to the statement of Allah the Exalted:
O You who have believed, when you marry believing women and then divorce them before you have touched them, then there is not for you any waiting period to count concerning them. So provide for them and give them a gracious release. يَا أَيُّهَا الَّذِينَ ءامَنُوا إِذَا نَكَحْتُمُ الْمُؤْمِنَاتِ ثُمَّ طَلَّقْتُمُوهُنَّ مِنْ قَبْلِ أَنْ تَمَسُّوهُنَّ فَمَا لَكُمْ عَلَيْهِنَّ مِنْ عِدَّةٍ تَعْتَدُّونَهَا فَمَتِّعُوهُنَّ وَسَرِّحُوهُنَّ سَرَاحًا جَمِيلًا
[Al-Ahzab 33:49]
and His statement:
And if you divorce them before you have touched them and you have already specified for them an obligation, then [give] half of what you specified - unless they forego the right or the one in whose hand is the marriage contract foregoes it وَإِنْ طَلَّقْتُمُوهُنَّ مِنْ قَبْلِ أَنْ تَمَسُّوهُنَّ وَقَدْ فَرَضْتُمْ لَهُنَّ فَرِيضَةً فَنِصْفُ مَا فَرَضْتُمْ إِلَّا أَنْ يَعْفُونَ أَوْ يَعْفُوَ الَّذِي بِيَدِهِ عُقْدَةُ النِّكَاحِ
[Al-Baqarah 2:237]
. Yes.

The questioner : May Allah reward you. This is a message from a listener who used the initials A A Riyadh as a code for his name. He says in his message:
Source alathar.net

The Arabic text is copied verbatim from the original source, without any edits.

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