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(Book 28, Hadith 10) #36170
Inheritance Rights of Unconsummated Marriages

SUMMARY: A woman who was married but had not consummated the marriage or specified her bride-price was adjudicated by Zayd ibn Thabit, who decided that she had no bride-price, but did inherit.

Yahya related to me from Malik from Nafi that the daughter of Ubaydullah ibn Umar whose mother was the daughter of Zayd ibn al- Khattab, married the son of Abdullah ibn Umar. He died and had not yet consummated the marriage or specified her bride-price. Her mother wanted the bride-price, and Abdullah ibn Umar said, "She is not entitled to a bride-price. Had she been entitled to a bride-price, we would not have kept it and we would not do her an injustice".The mother refused to accept that. Zayd ibn Thabit was brought to adjudicate between them and he decided that she had no bride-price, but that she did inherit.
وَحَدَّثَنِي عَنْ مَالِكٍ، عَنْ نَافِعٍ، أَنَّ ابْنَةَ عُبَيْدِ اللَّهِ بْنِ عُمَرَ، - وَأُمُّهَا بِنْتُ زَيْدِ بْنِ الْخَطَّابِ - كَانَتْ تَحْتَ ابْنٍ لِعَبْدِ اللَّهِ بْنِ عُمَرَ فَمَاتَ وَلَمْ يَدْخُلْ بِهَا وَلَمْ يُسَمِّ لَهَا صَدَاقًا فَابْتَغَتْ أُمُّهَا صَدَاقَهَا فَقَالَ عَبْدُ اللَّهِ بْنُ عُمَرَ لَيْسَ لَهَا صَدَاقٌ وَلَوْ كَانَ لَهَا صَدَاقٌ لَمْ نُمْسِكْهُ وَلَمْ نَظْلِمْهَا ‏.‏ فَأَبَتْ أُمُّهَا أَنْ تَقْبَلَ ذَلِكَ فَجَعَلُوا بَيْنَهُمْ زَيْدَ بْنَ ثَابِتٍ فَقَضَى أَنْ لاَ صَدَاقَ لَهَا وَلَهَا الْمِيرَاثُ

TOPICS
marriage  *  inheritance  *  unconsummated  *  adjudicate  *  zawaj  *  mirath  *  muwassata  *  tahkim

QUICK LESSONS:
Treat people with justice and fairness regardless of their gender or marital status. Respect people's rights when it comes to matters such as inheritance.

EXPLANATIONS:
This hadith is about a woman whose husband died before they could consummate their marriage or specify her bride-price. Her mother wanted the bride-price, however Abdullah ibn Umar said that she was not entitled to it because if she were entitled to it, they would not have kept it and would not do her an injustice. Zayd ibn Thabit was brought in to adjudicate between them and he decided that she did not have a bride-price but did inherit. This hadith teaches us that even though a woman may be married without having consummated the marriage or specified her bride price, she still has rights when it comes to inheritance and should never be treated unjustly.

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