The deferred mahr: If both spouses die, is it waived?
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The questioner : O Shaykh, may Allah reward you. We said that the deferred mahr, in the manner described by the brothers, is waived if he dies and she dies. This is contrary to the Shari'ah. What is the nature of this contradiction?
The Shaykh : The nature of the contradiction is that a debt cannot be validly made contingent upon death. When a person who is owed a debt dies, the debt transfers to the heirs, who have the right to dispose of it. It is possible that this remaining amount constitutes the entirety of the person's wealth. Even if he were to bequeath more than one-third of his estate, it would not be permissible.
The Shaykh : The nature of the contradiction is that a debt cannot be validly made contingent upon death. When a person who is owed a debt dies, the debt transfers to the heirs, who have the right to dispose of it. It is possible that this remaining amount constitutes the entirety of the person's wealth. Even if he were to bequeath more than one-third of his estate, it would not be permissible.