Q:
If a man marries a woman and dies before consummating the marriage, does she inherit him and observe the `Iddah (woman's prescribed waiting period after divorce or widowhood)?
May Allah keep you always in the service (Part No. 20; Page No. 412) of Islam and Muslims. As-salamu `alaykum warahmatullah wabarakatuh (May Allah's Peace, Mercy, and Blessings be upon you).
A: A woman whose husband dies before consummating the marriage takes the same ruling of a wife. She is entitled to receive the full Mahr (mandatory gift to a bride from her groom), to have her share in the inheritance, and to observe the `Iddah, based on the Prophet's judgment in one case. It was narrated on the authority of
Ibn Mas`ud (may Allah be pleased with him) that he said:
He was asked about a woman whose husband had not appointed her a Mahr and had not consummated the marriage until he died.
Ibn Mas`ud (may Allah be pleased with him) said, "She is entitled to an amount of Mahr similar to that of her peers, neither less nor more. She must observe the `Iddah and she has her share in the inheritance."
Ma`qil ibn Sinan Al-Ashja`y said, "The Messenger of Allah (peace be upon him) gave the same judgment in the case of
Barwa` bint Washiq, who is one of our women." Upon hearing that, the signs of joy appeared on the face of
Ibn Mas`ud.
(Related by
Imam Ahmad and the Four Compilers of Hadith [Abu Dawud, Al-Tirmidhy, Al-Nasa'y, and Ibn Majah]) The Hadith is ranked as Sahih (authentic) by
Al-Tirmidhy and as Hasan (good Hadith) by another group of compilers)
May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.