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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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What is the waiting period, the mourning period, and the inheritance for a woman whose husband died before consummation?

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A man contracted marriage with a woman but did not consummate it, then the man died. Does this woman have to observe a waiting period? Does she have a right to inheritance?
Answer: Yes, if he contracted marriage with her, she must observe the waiting period if he dies, and she is entitled to inheritance. This is established from the Prophet (peace and blessings be upon him) in the hadith of Ma'qil ibn Yasar. Ibn Mas'ud also issued a ruling in this matter, and when he was informed that his ruling agreed with the ruling of the Prophet (peace and blessings be upon him), he rejoiced at it. So if a man contracts marriage with a woman and then dies, she inherits from him, observes a waiting period of four months and ten days, and mourns for him. This is different from divorce. If he divorces her before consummating the marriage and before secluding with her, she has no waiting period, as Allah the Exalted 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 themيَا أَيُّهَا الَّذِينَ آمَنُوا إِذَا نَكَحْتُمُ الْمُؤْمِنَاتِ ثُمَّ طَلَّقْتُمُوهُنَّ مِنْ قَبْلِ أَنْ تَمَسُّوهُنَّ فَمَا لَكُمْ عَلَيْهِنَّ مِنْ عِدَّةٍ تَعْتَدُّونَهَا
[Al-Ahzab: 49]. Therefore, a woman divorced before consummation and seclusion has no waiting period, but if he dies after the marriage contract, she has a waiting period. This is one of the places where death differs from divorce. In this case, she inherits, observes the waiting period, and mourns, even if he did not consummate the marriage or seclude with her. As for divorce, she does not observe a waiting period for him, and she may marry whenever she wishes from the time of the divorce.
The presenter: May Allah reward you with good.
Source binbaz.org.sa

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

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