Issue: A man died leaving his wife before consummation or seclusion; what is obligatory for her and what is her right.
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The Shaykh : Now, what do you say about a man who died leaving his wife before consummation or seclusion? That is, he contracted the marriage with her and died before he entered with her, before the marriage was consummated?
She must observe the waiting period. Pay attention: if he had divorced her, she would not observe a waiting period, but if he died leaving her, she must observe it.
Therefore, if a man contracts a marriage with a woman and gives her twenty thousand as the bridal gift. He contracted the marriage and gave her twenty thousand, then the man died, leaving behind twenty million... Now. He gave her twenty thousand and left behind twenty million, and died before entering with her; he did not see her, and she did not see him. Does she have to observe the waiting period? Yes, she must observe the waiting period due to death. How long is it? Four months and ten days. We are done with the waiting period.
Does she have the right to the bridal gift? Yes, she has the right to the bridal gift. How much? Twenty thousand. She is given the full bridal gift.
Does she have the right to inheritance? Yes, she has the right to inheritance. If the husband had no children, she is given a quarter of the twenty million. How much is that? Five million. Five million, in addition to the twenty thousand which is the bridal gift.
It is now clear that the waiting period due to death is not like the waiting period due to divorce in every respect. Do you understand now?
Therefore, if a man dies leaving his wife while she is breastfeeding, how long is her waiting period? Four months and ten days. She does not wait until she menstruates.
She must observe the waiting period. Pay attention: if he had divorced her, she would not observe a waiting period, but if he died leaving her, she must observe it.
Therefore, if a man contracts a marriage with a woman and gives her twenty thousand as the bridal gift. He contracted the marriage and gave her twenty thousand, then the man died, leaving behind twenty million... Now. He gave her twenty thousand and left behind twenty million, and died before entering with her; he did not see her, and she did not see him. Does she have to observe the waiting period? Yes, she must observe the waiting period due to death. How long is it? Four months and ten days. We are done with the waiting period.
Does she have the right to the bridal gift? Yes, she has the right to the bridal gift. How much? Twenty thousand. She is given the full bridal gift.
Does she have the right to inheritance? Yes, she has the right to inheritance. If the husband had no children, she is given a quarter of the twenty million. How much is that? Five million. Five million, in addition to the twenty thousand which is the bridal gift.
It is now clear that the waiting period due to death is not like the waiting period due to divorce in every respect. Do you understand now?
Therefore, if a man dies leaving his wife while she is breastfeeding, how long is her waiting period? Four months and ten days. She does not wait until she menstruates.