Nikah terminating on the demise of one’s wife

Question:-

When a person’s wife passes away, does the Nikah between the spouses terminate?

Answer:-

When the wife passes away (during the lifetime of the husband), then the Nikah between the husband and the wife terminates immediately. Therefore, it is not permissible for the husband to give Ghusl to the wife, nor is he permitted to lower his deceased wife in the Qabr in the presence of her Mahaarim. Also, he is permitted to marry his wife’s sister – that is his sister-in-law – as soon as his wife passes away as the Nikah between his wife and him has ceased. Yes, it is the kindness of Allah Ta’ala that this marital bond will be transferred into Jannah which the spouses will perpetually enjoy without having to renew the Nikah.

(وَيُمْنَعُ زَوْجُهَا مِنْ غُسْلِهَا وَمَسِّهَا لَا مِنْ النَّظَرِ إلَيْهَا عَلَى الْأَصَحِّ)  

مُنْيَةٌ. (رد المحتار ص198 ج2)

بخلاف ما إذا ماتت المرأة حيث لا يغسلها الزوج؛ لأن هناك انتهى ملك النكاح لانعدام المحل، فصار الزوج أجنبيا فلا يحل له غسلها (بدائع الصنائع ص304 ج1)

ALLAH TA’ALA KNOWS BEST!

ANSWERED BY:

Mufti Mohammed Desai

Date: 26 Rabi-ul-Awwal 1444 / 23 October 2022