A woman who was contracted in marriage, then the one she was contracted to died
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Question: I have a sister who is fourteen years old, and she was contracted in marriage to her cousin through a marriage contract, but Allah decreed that her cousin would die, and he passed away. I ask you to inform me: Is she entitled to observe the full mourning period, or half of it, or is she not entitled to it at all? And does she inherit from his property, knowing that he never consummated the marriage with her, and nothing came to her from him; no jewelry or anything else? Please inform us, may Allah reward you with good.
Answer: If a man dies before consummating the marriage with his wife, she must observe the mourning period, and she is entitled to inheritance; because Allah the Exalted said: [al-Baqarah:234]. So the Exalted did not distinguish between the wife with whom the marriage was consummated and the one with whom it was not, but He made the ruling in the verse general, encompassing them all. And it is authentic from the Messenger of Allah (peace and blessings be upon him) from many angles that he said: Sunan an-Nasa'i 3504Sahih (Darussalam).
And he (peace and blessings be upon him) did not distinguish between the wife with whom the marriage was consummated and the one with whom it was not, and Allah the Exalted said: [al-Nisa:12].
And He (Glorified and Exalted is He) did not distinguish between the wife with whom the marriage was consummated and the others, so this indicates that all wives inherit from their husbands, whether they were consummated with or not, as long as no legal impediment prevents it; such as slavery, killing, or a difference in religion.
Answer: If a man dies before consummating the marriage with his wife, she must observe the mourning period, and she is entitled to inheritance; because Allah the Exalted said:
And those who are taken in death among you and leave wives behind - they, [the wives, shall] wait four months and ten [days]
وَالَّذِينَ يُتَوَفَّوْنَ مِنكُمْ وَيَذَرُونَ أَزْوَاجًا يَتَرَبَّصْنَ بِأَنفُسِهِنَّ أَرْبَعَةَ أَشْهُرٍ وَعَشْرًاIt is not permissible for a woman who believes in Allah and the Last Day to mourn for anyone who dies for more than three days except for a husband; she should mourn for him for four months and ten (days).
لا تحد امرأة على ميت فوق ثلاثة أيام، إلا على زوج، فإنها تحد عليه أربعة أشهر وعشرًاAnd he (peace and blessings be upon him) did not distinguish between the wife with whom the marriage was consummated and the one with whom it was not, and Allah the Exalted said:
And for you is half of what your wives leave if they have no child. But if they have a child, for you is one fourth of what they leave, after any bequest they [may have] made or debt. And for the wives is one fourth if you leave no child. But if you leave a child, then for them is an eighth of what you leave, after any bequest you [may have] made or debt.
وَلَكُمْ نِصْفُ مَا تَرَكَ أَزْوَاجُكُمْ إِن لَّمْ يَكُن لَّهُنَّ وَلَدٌ فَإِن كَانَ لَهُنَّ وَلَدٌ فَلَكُمُ الرُّبُعُ مِمَّا تَرَكْنَ مِن بَعْدِ وَصِيَّةٍ يُوصِينَ بِهَا أَوْ دَيْنٍ وَلَهُنَّ الرُّبُعُ مِمَّا تَرَكْتُمْ إِن لَّمْ يَكُن لَّكُمْ وَلَدٌ فَإِن كَانَ لَكُمْ وَلَدٌ فَلَهُنَّ الثُّمُنُ مِمَّا تَرَكْتُم مِّن بَعْدِ وَصِيَّةٍ تُوصُونَ بِهَا أَوْ دَيْنٍAnd He (Glorified and Exalted is He) did not distinguish between the wife with whom the marriage was consummated and the others, so this indicates that all wives inherit from their husbands, whether they were consummated with or not, as long as no legal impediment prevents it; such as slavery, killing, or a difference in religion.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.