If the Suitor Dies Before the Contract is Made

Question :

A man proposed marriage to a woman and her family agreed to, and they agreed with him upon the dowry, but he did not pay it, then he died. What is the ruling on this? Does the aforementioned woman inherit from him and mourn for him?

Answer:

If the situation is as you have described it in the question, and the marriage contract was not made between them, with the consent of the (woman's) guardian and the acceptance of the suitor and the fulfillment of the well known conditions and the absence of any objections on the part of the couple, then the aforementioned woman does not inherit from him, nor is she obliged to observe a waiting period or mourning. This is because she is not her suitor's wife; rather, she is unrelated to him, since the legal marriage contract was not made, only the proposal came from him and agreement was reached with her relatives regarding the dowry. This alone is not considered marriage and there is no difference of opinion in this regard among the scholars may Allah have mercy on them. And if the family of the woman to whom marriage was proposed received any money from him, they must return it to his heirs.

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