Published in: Shumara al-Sunnah, Jhelum
A group of people approached him asking about a man who married a woman without stipulating a mahr (dower) and without consummation, but then passed away. Ibn Masʿūd initially hesitated due to the gravity of the matter. After reflection and persistence from the questioners, he ruled:
"She is entitled to the mahr of women like her (mahr al-mithl), with neither increase nor decrease, and she shall inherit from him and must observe the ʿiddah of four months and ten days."
At this point, members of the Ashjaʿ tribe confirmed:
“You have judged in accordance with the ruling of the Prophet ﷺ regarding Barwaʿ bint Wāshiq, a woman from our tribe.”
Ibn Masʿūd رضي الله عنه rejoiced, considering this affirmation of his judgment matching the decision of the Prophet ﷺ.
References:
"This ḥadīth proves that if the husband passes away, the woman is entitled to a full mahr, even if it was not stipulated and even if consummation did not take place. She is entitled to the mahr al-mithl (equivalent to that of similar women)."[Subul al-Salām 3/289]
A: In this case, half of the stipulated mahr is to be paid.
Evidence:
﴿وَإِن طَلَّقْتُمُوهُنَّ مِن قَبْلِ أَن تَمَسُّوهُنَّ وَقَدْ فَرَضْتُمْ لَهُنَّ فَرِيضَةً فَنِصْفُ مَا فَرَضْتُمْ﴾
(Surah al-Baqarah: 237)
"If you divorce them before consummation, while a dower has been fixed, then half of that is due..."
❖ Answer:
Yes, if nikāḥ (marriage) was performed but consummation or seclusion (khalwah) did not occur, and the husband passed away, the wife is entitled to inheritance and she must also observe the ʿiddah (waiting period).❖ Evidence from the Companions:
Narrated by ʿAlqamah ibn Qays from ʿAbdullāh ibn Masʿūd رضي الله عنه:A group of people approached him asking about a man who married a woman without stipulating a mahr (dower) and without consummation, but then passed away. Ibn Masʿūd initially hesitated due to the gravity of the matter. After reflection and persistence from the questioners, he ruled:
"She is entitled to the mahr of women like her (mahr al-mithl), with neither increase nor decrease, and she shall inherit from him and must observe the ʿiddah of four months and ten days."
At this point, members of the Ashjaʿ tribe confirmed:
“You have judged in accordance with the ruling of the Prophet ﷺ regarding Barwaʿ bint Wāshiq, a woman from our tribe.”
Ibn Masʿūd رضي الله عنه rejoiced, considering this affirmation of his judgment matching the decision of the Prophet ﷺ.
References:
- Sunan al-Nasā’ī: 3358
- al-Sunan al-Kubrā by al-Bayhaqī: 7/245
- Authenticated by Imām Ibn Ḥibbān (4101) and Imām al-Ḥākim (110) as per the condition of Imām Muslim; Dhahabī agreed.
❖ Commentary:
Imām al-Amīr al-Ṣanʿānī said:"This ḥadīth proves that if the husband passes away, the woman is entitled to a full mahr, even if it was not stipulated and even if consummation did not take place. She is entitled to the mahr al-mithl (equivalent to that of similar women)."[Subul al-Salām 3/289]
❖ Related Issue:
Q: If mahr was stipulated, nikāḥ took place, but no consummation occurred and then divorce was issued, how much mahr is due?A: In this case, half of the stipulated mahr is to be paid.
Evidence:
﴿وَإِن طَلَّقْتُمُوهُنَّ مِن قَبْلِ أَن تَمَسُّوهُنَّ وَقَدْ فَرَضْتُمْ لَهُنَّ فَرِيضَةً فَنِصْفُ مَا فَرَضْتُمْ﴾
(Surah al-Baqarah: 237)
"If you divorce them before consummation, while a dower has been fixed, then half of that is due..."
