Displeasure Does Not Cancel the Mahr

Question

Hinda’s husband had not yet even given her the mahr when he died. Is Hinda now, after his death, entitled to the mahr or not, and in what way is the mahr to be paid to Hinda from Zayd’s property?

Answer

If Zayd did not pay the mahr and Hinda did not forgive it, then Hinda is entitled to that mahr. Paying the mahr, like paying a debt, is necessary before the estate is divided: first the debt — the mahr and the like — is to be paid, and then, if anything remains, it is to be divided among the heirs according to their shar‘i shares.

Source: Fatawa Mahmudiyya

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