The Mahr Is Paid by Placing It Before the Wife
Question
Question: Qamar al-Din had a son and, the second child, a daughter. He married off the daughter and sent her off with a dowry. Qamar al-Din himself married off Muhammad ‘Umar, but ‘Umar’s wife died young. After Qamar al-Din’s death, Muhammad ‘Umar’s nikah was performed by his respected maternal uncle. Two children were born of this wife. The girl died; the boy is alive. But when he was four years old his father, Muhammad ‘Umar, died.
Answer
When the husband placed the mahr money before the wife in order to pay the mahr, and the wife willingly gave that money to the husband, and both acknowledge this, then the mahr has been paid. On Qamar al-Din’s death, both the daughter and the son, Muhammad ‘Umar, are heirs: the daughter has a single share and the son, Muhammad ‘Umar, a double share.
Source: Fatawa Mahmudiyya
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