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[A Man Married a Woman on the Condition That He Would Have No Inheritance from Her]

Mufti:
Alsayyed Muhammad b. Abdallah Awad Al-Muayyady
تاريخ النشر:
Fatwa number: 18177
Number of views: 3
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[A Man Married a Woman on the Condition That He Would Have No Inheritance from Her]
Fatwa number: 18177
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Question

Question: A man married a woman, and her brothers stipulated that he would have no inheritance from her. Is the contract valid? If she dies, does he inherit from her and the condition is nullified, or not?

Answer

Answer—and Allah grants success: The contract is valid and the condition is void. If she dies, he does inherit from her.
The proof is the ḥadīth of Barīrah: her owners sold her and stipulated the right of walāʾ for themselves; the Messenger of Allah (May Allah bless him and his family and grant them peace) validated the sale and invalidated the condition. This applies as long as the condition is not made as a suspensive condition attached to the very formation of the marriage contract. If it is attached as such a condition, the contract is void—e.g., “I marry you to my daughter if the right of divorce is in her hands,” as the scholars of the madhhab have stated.
If, however, the condition is inserted merely as a clause within the contract—e.g., “I marry you to my daughter on condition that the right of divorce is in her hands”—then the condition is null and the marriage contract is valid.
The evidence for the invalidity of a contract suspended upon such a condition is that a contract dependent on a condition is not valid unless the condition occurs—yet vesting the right of divorce in the wife is neither valid nor effective; therefore the contract does not occur and is not sound.
Source: Min Thimār al-ʿIlm wa al-Ḥikmah vol.1

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