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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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The waiting period of a woman whose husband died before consummating the marriage, and what is obligatory upon her, with evidence.

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The Shaykh : A man contracted marriage with a woman but did not consummate it and did not have seclusion with her until he died. Does she have to observe a waiting period? He did not consummate the marriage, he contracted it but did not consummate it, did not have seclusion with her, and did not have intercourse with her, then he died. Does she have to observe a waiting period? She has to observe a waiting period. She has to observe a waiting period, unlike in the case of divorce. In divorce, it is necessary that he have intercourse with her and have seclusion with her, but in the case of death, it is not. Accordingly, if a man contracts marriage with a woman and dies before consummation and seclusion, it is obligatory for her to observe the waiting period. Now, does she have an inheritance? She has the inheritance. The mahr (bridal gift) that he paid to her or committed to pay in his debt—does it belong to her, or does it return to the estate?
The student: ...

The Shaykh : He did not consummate the marriage, people, and did not enjoy her? She has the inheritance. Accordingly, if a man contracts marriage with a woman, be careful! If a man contracts marriage with a woman and then dies from an accident or otherwise, she is bound to observe the waiting period and the mourning period, and she is entitled to the full mahr and to the inheritance. This is unlike divorce; if he divorces her before consummation and seclusion, she does not have to observe a waiting period. What is the evidence? The evidence is 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] والذين يتوفون منكم ويذرون أزواجاً يتربّصن بأنفسهن أربعة أشهر وعشراً
[Al-Baqarah 2:234]
and this is his wife because he contracted marriage with her. As for divorce, He said:
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 يا أيها الذين آمنوا إذا نكحتم المؤمنات ثم طلقتموهن من قبل أن تمسوهن فما لكم عليهن من عدّة تعتدونها
[Al-Ahzab 33:49]
So Allah the Mighty and Majestic distinguished between divorce and the waiting period of death.
Source alathar.net

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

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