The stipulated mahr between the spouses, i.e., the deferred mahr: Does the wife become entitled to it after the husband’s death?
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The questioner : The stipulated mahr between the spouses, i.e., the deferred mahr: Does the wife become entitled to it after the husband’s death?
The Shaykh : The scholars (may Allah have mercy on them) stated that if a specific term is set for the deferred mahr, it does not become due until that period is completed, whether the husband remains alive or dies. However, if he dies, the debt must be secured by a pledge or a financially capable guarantor.
As for when it is not deferred for a specific period, it becomes due upon separation from the husband or the wife. If a man marries a woman with a deferred mahr but does not specify the term, and then he dies, that deferred amount becomes due, and she is paid from the estate as a debt owed by the deceased. If she dies, the deferred amount also becomes due if no specific term was set, and it enters her estate, in which case the husband and the other heirs inherit from it.
The questioner : Thank you to Allah, O honorable Shaykh, and may Allah bless you and your knowledge, and benefit Islam and the Muslims through you. O brothers and sisters, the honorable Shaykh Muhammad ibn Salih al-Uthaymeen, professor at the College of Sharia and Principles of Religion in Qassim, and preacher and imam of the Grand Mosque in Unayzah, has answered your questions. May Allah reward the Shaykh for what he clarified for us in this blessed meeting. In conclusion, please accept the greetings of my colleague, the sound engineer, Hamad ibn Muhammad al-Wabali. Peace be upon you, and Allah’s mercy and blessings.
The Shaykh : The scholars (may Allah have mercy on them) stated that if a specific term is set for the deferred mahr, it does not become due until that period is completed, whether the husband remains alive or dies. However, if he dies, the debt must be secured by a pledge or a financially capable guarantor.
As for when it is not deferred for a specific period, it becomes due upon separation from the husband or the wife. If a man marries a woman with a deferred mahr but does not specify the term, and then he dies, that deferred amount becomes due, and she is paid from the estate as a debt owed by the deceased. If she dies, the deferred amount also becomes due if no specific term was set, and it enters her estate, in which case the husband and the other heirs inherit from it.
The questioner : Thank you to Allah, O honorable Shaykh, and may Allah bless you and your knowledge, and benefit Islam and the Muslims through you. O brothers and sisters, the honorable Shaykh Muhammad ibn Salih al-Uthaymeen, professor at the College of Sharia and Principles of Religion in Qassim, and preacher and imam of the Grand Mosque in Unayzah, has answered your questions. May Allah reward the Shaykh for what he clarified for us in this blessed meeting. In conclusion, please accept the greetings of my colleague, the sound engineer, Hamad ibn Muhammad al-Wabali. Peace be upon you, and Allah’s mercy and blessings.