Musannaf Ibn Abi Shaybah

Hazrat Abdullah (may Allah be pleased with him) was asked: If a man marries a woman, does not give her the dower (mahr), and does not consummate the marriage with her, what is the ruling? He replied: The woman will receive the full dower, she will inherit, and the full waiting period (‘iddah) will be obligatory upon her. Hazrat Ma’qil bin Sinan (may Allah be pleased with him) says: I was present in the service of the Messenger of Allah (may Allah bless him and grant him peace) when he gave the same verdict regarding Barwa’ bint Washiq.

It is narrated similarly through another chain of transmission.

It is narrated similarly through another chain of transmission.

Hazrat Nafi' narrates that Hazrat Ibn Umar (may Allah be pleased with them) arranged the marriage of one of his sons. He (the son) passed away before the dowry (mahr) was fixed and before consummation. The girl's family demanded the mahr from Hazrat Ibn Umar (may Allah be pleased with them), but he said that there is no mahr for this. They refused to accept this and appointed Hazrat Zaid bin Thabit (may Allah be pleased with him) as an arbitrator, and he decided that the woman would not receive the mahr.

Hazrat Zaid bin Thabit (may Allah be pleased with him) says that she will also be an heir and will also observe the waiting period (‘iddah).

Hazrat Abu Sha’sa’ (may Allah have mercy on him) and Hazrat Ata (may Allah have mercy on him) say that if someone passes away after marriage but before the payment of the dowry, the woman will receive inheritance but will not receive the dowry.

Hazrat Ali (may Allah be pleased with him) said: She will receive inheritance, not the dower.

Hazrat Sha'bi (may Allah have mercy on him) says that in Madinah, a man married a woman and before the dowry was fixed and consummation took place, he passed away. So people said that she would receive inheritance but not the dowry. Hazrat Masruq (may Allah have mercy on him) said that inheritance is not received until the dowry is fixed beforehand.

Hazrat Ibn Abbas (may Allah be pleased with both of them) says that she will receive half the dowry. Or he said that she will receive the full dowry. (The narrator Abu Bakr is in doubt)

Hazrat Alqamah (may Allah have mercy on him) narrates that a man came to Hazrat Ibn Mas’ud (may Allah be pleased with him) and said that a man married a woman and died before fixing her dowry and before consummating the marriage. Hazrat Ibn Mas’ud (may Allah be pleased with him) said, “Since the passing of the Prophet ﷺ, I have not been asked a question as difficult as this. You may ask someone else.” People kept asking here and there for a month but could not reach any conclusion. So that man came again and said, “You hold a distinguished position among the companions of Muhammad ﷺ in this city, so please tell us yourself.” Hazrat Ibn Mas’ud (may Allah be pleased with him) said, “I will speak according to my opinion; if it is correct, it is from Allah, and if it is wrong, it is from myself and from Satan. My opinion is that she will receive a dowry equal to that of the women of her family, neither less nor more, and she will also inherit, and she will have to observe the waiting period (‘iddah) prescribed for a woman whose husband has died.” Upon hearing this verdict of Hazrat Ibn Mas’ud (may Allah be pleased with him), the people of Banu Ashja’ said, “We bear witness that the Messenger of Allah (peace and blessings be upon him) gave the same decision regarding our woman, Barwa’ bint Washiq.” The narrator says, “Upon hearing this, I saw Hazrat Abdullah bin Mas’ud (may Allah be pleased with him) as happy as I had never seen him before.”

Hazrat Nafi’ (may Allah have mercy on him) narrates that a son of Hazrat Abdullah bin Umar (may Allah be pleased with them both) married a daughter of Hazrat Ubaidullah bin Umar (may Allah be pleased with him). The name of the girl's mother was Asma bint Zaid bin Khattab. This son of Hazrat Ibn Umar (may Allah be pleased with them both) passed away before the dowry (mahr) was fixed. The girl's family demanded the dowry and inheritance from Hazrat Ibn Umar (may Allah be pleased with them both). Hazrat Ibn Umar (may Allah be pleased with them both) said that she would receive the inheritance but not the dowry. When people objected to this statement of Hazrat Ibn Umar (may Allah be pleased with them both), he appointed Hazrat Zaid bin Thabit (may Allah be pleased with him) as an arbitrator, and Hazrat Zaid said that she would receive the inheritance but not the dowry.

Hasan (may Allah have mercy on him) says that a woman whose husband dies before the determination of the dowry and before consummation will receive a dowry equal to that of other women in her family. He used to attribute this to the Prophet ﷺ. That woman will observe the waiting period like a woman whose husband has died, and she will also receive inheritance.

Hazrat Ali (may Allah be pleased with him) said that she will receive inheritance but will not receive the dowry.

Hazrat Ali (may Allah be pleased with him) said that the girl will receive inheritance but will not receive the dowry.