A man proposed to a woman, gave her the mahr, and contracted the marriage, but did not consummate it before she passed away. Is he entitled to take back the mahr he paid?
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The questioner : Noble Shaykh, I proposed to a woman, gave her the mahr, and contracted the marriage, but did not consummate it before she passed away. Am I entitled to take back the mahr I paid?
The Shaykh : Yes, it must be known that the death of one of the spouses after the contract is a cause for the full mahr. If a man contracts a marriage with a woman and she dies before he consummates it, the mahr becomes hers in full, and the husband has no share of it. She becomes a mahram to him and forbidden to him, because she is the mother of his wife. Now, what does he say after that? Yes?
The questioner : Is it permissible to take the mahr?
The Shaykh : The mahr becomes hers in full; the husband has no share of it, not a little or a lot. Likewise, conversely, if a man contracts a marriage with a woman and he dies, the woman is entitled to her full mahr, and she is also entitled to inheritance. She inherits from her husband because she is his wife. Yes.
The Shaykh : Yes, it must be known that the death of one of the spouses after the contract is a cause for the full mahr. If a man contracts a marriage with a woman and she dies before he consummates it, the mahr becomes hers in full, and the husband has no share of it. She becomes a mahram to him and forbidden to him, because she is the mother of his wife. Now, what does he say after that? Yes?
The questioner : Is it permissible to take the mahr?
The Shaykh : The mahr becomes hers in full; the husband has no share of it, not a little or a lot. Likewise, conversely, if a man contracts a marriage with a woman and he dies, the woman is entitled to her full mahr, and she is also entitled to inheritance. She inherits from her husband because she is his wife. Yes.