Returning the Husband’s Share after the Mahr Money Was Given to the Mosque

Question

Zayd married Hinda. Hinda came to Zayd’s home several times, but there were no children, and she died. At the demand of Hinda’s father (his father-in-law), Zayd gave him the full mahr, and Zayd’s father-in-law (Hinda’s father) immediately gave the entire sum to the mosque. Now it has become known that the husband also has a right. Hearing this, Zayd is asking for the money of his share back. Does the husband have a right or not?

Answer

Zayd is entitled to half of Hinda’s mahr. Zayd’s father-in-law was obliged to leave half with Zayd. Now that he has already given the entire sum to the mosque, he also has the right to take half back, in this way: the father-in-law takes half back from the people of the mosque and gives it to Zayd.

Source: Fatawa Mahmudiyya

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