Husband passing away without giving his wife her mahr

Answered according to Hanafi Fiqh by Muftionline.co.za

Q: It’s a well known fact that if a man does not pay/give his wife her sadaaq before he dies, it is compulsory to give it to her from his property which he has left behind. So what is the case if a wife dies before her husband could give her sadaaq which has initially been promised years back?

Bismillaah

A: If the wife passes away and the husband did not give her the mahr, the mahr will not be forgiven. Rather, the mahr will be a debt upon the husband which he will have to pay to the estate of his deceased wife. Thereafter, the entire estate will be distributed among the heirs according to the stipulated shares of inheritance.

And Allah Ta’ala (الله تعالى) knows best.

 

Answered by:

Mufti Zakaria Makada

Checked & Approved:

Mufti Ebrahim Salejee (Isipingo Beach)

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