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Sunan an-Nasai 3355 (Book 26, Hadith 160) #17967
Dowry Rights of Widows

SUMMARY: A woman was brought to Abdullah who had married a man but he died without naming any dowry for her or consummating the marriage. Abdullah ruled that she should have a dowry like that of her peers with no injustice and she may inherit from him and observe the 'Iddah.

It was narrated from 'Abdullah that a woman was brought to him who had married a man then he had died without naming any dowry for her and without consummating the marriage with her. They kept coming to him for nearly a month, and he did not issue any ruling to them. Then he said: "I think that she should have a dowry like that of her peers no less, with no injustice and she may inherit from him and she has to observe the 'Iddah". Ma'qil bin Sinan Al-Ashja'i testified: "The Messenger of Allah passed a similar judgment concerning Birwa bint Washiq".
أَخْبَرَنَا أَحْمَدُ بْنُ سُلَيْمَانَ، قَالَ حَدَّثَنَا يَزِيدُ، قَالَ حَدَّثَنَا سُفْيَانُ، عَنْ مَنْصُورٍ، عَنْ إِبْرَاهِيمَ، عَنْ عَلْقَمَةَ، عَنْ عَبْدِ اللَّهِ، أَنَّهُ أُتِيَ فِي امْرَأَةٍ تَزَوَّجَهَا رَجُلٌ فَمَاتَ عَنْهَا وَلَمْ يَفْرِضْ لَهَا صَدَاقًا وَلَمْ يَدْخُلْ بِهَا فَاخْتَلَفُوا إِلَيْهِ قَرِيبًا مِنْ شَهْرٍ لاَ يُفْتِيهِمْ ثُمَّ قَالَ أَرَى لَهَا صَدَاقَ نِسَائِهَا لاَ وَكْسَ وَلاَ شَطَطَ وَلَهَا الْمِيرَاثُ وَعَلَيْهَا الْعِدَّةُ ‏.‏ فَشَهِدَ مَعْقِلُ بْنُ سِنَانٍ الأَشْجَعِيُّ أَنَّ رَسُولَ اللَّهِ ﷺ قَضَى فِي بِرْوَعَ بِنْتِ وَاشِقٍ بِمِثْلِ مَا قَضَيْتَ
TOPICS
dowry  *  widow  *  inheritance  *  mahr  *  alarmalah  *  mirath  *  iddah

QUICK LESSONS:
Give fair amount as dowries for widows according to Islamic law; Allow them to inherit; Observe ”˜Idda period after husband's death

EXPLANATIONS:
This hadith discusses the rights of widows in regards to their dowries and inheritance. According to this hadith, if a woman is married but her husband dies before they can consummate their marriage or name any dowry for her, then she should be given a fair amount as her dowry like that of other women in similar situations. Additionally, she is also entitled to inherit from him according to Islamic law and must observe the ‘Iddah period which is four months and ten days after his death during which time she cannot remarry. This ruling was also passed by Prophet Muhammad concerning Birwa bint Washiq who faced a similar situation as mentioned in this hadith.

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