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Marriage terminating with death

Answered as per Hanafi Fiqh by Muftionline.co.za

Q: I came across that death terminates marriage. But I have seen a hadith that our Nabi (sallallahu alaihi wasallam) said to Ayesha (radhiyallahu anha) that if she dies first then he will give her a bath. Also, Ali (radhiyallahu anhu) gave Fatima (radhiyallahu anha) a bath. Can you give me authentic ahaadith and proofs that death terminates marriage? In afterlife, will husband and wife would be together in jannah. So it is really confusing.

Bismillaah

A: Marriage does terminate with death. However some laws of marriage remain till a woman has ended her iddat. One is that she may not marry until the completion of her iddat. Hence when her iddat is not yet ended then it is as though she is in marriage. Therefore, she is allowed to do the ghusl of her husband and not vice versa. As for the hadeeth of Hadhrat Ali (radhiyallahu anhu) there is kalaam on it as to whether it was Hadhrat Ali that did the ghusl or Hadhrat Umme Atiyyah. The vast majority say that it was Umme Atiyyah. As far as Nabi (sallallahu alaihi wa sallam) is concerned then his azwaaj will be his in this life and will continue in the hereafter. Therefore it is not permissible for the wife of a nabi to marry after his demise.

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

Answered by:

Mufti Ebrahim Salejee (Isipingo Beach)

This answer was collected from MuftiOnline.co.za, where the questions have been answered by Mufti Zakaria Makada (Hafizahullah), who is currently a senior lecturer in the science of Hadith and Fiqh at Madrasah Ta’leemuddeen, Isipingo Beach, South Africa.

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