The Woman Whose Husband Dies After Making the Contract, But Before Having Sexual Intercourse With Her
Question :
A person made a contract with a woman, then died before having sexual intercourse with her; must she observe the mourning period?
Answer:
A woman whose husband dies after making the contract, but before having sexual intercourse with her must observe a waiting period and mourning, because simply through the contract, she becomes his complete wife, according to the Words of Allah, Most High:
"And those of you who die and leave wives behind them, they (the wives) shall wait (as regards their marriage) for four months and ten days."
And according to the narration of Al-Bukhari and Muslim. may Allah, Most High have mercy on them both-in which the Messenger of Allah said:
"A woman does not mourn for the dead for more than three days, except for her husband, for whom she mourns for four months and ten days."
In the narration of Ahmad and the compilers of the Sunan the Messenger of Allah ordered Buru' bint Washiq - a woman whose husband had made a contract with her and died before having sexual intercourse with her that she must observe the waiting period and that she has a share of the inheritance.
Source:
The Permanent Committee
Fatawa Islamiyah, Vol. 6 Pages 90-91
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