If a woman's husband dies after the marriage contract but before consumation, she must still observe the waiting-mourning period

Question: A man married a woman and died before consummation, does she still have to observe the waiting mourning period?

Response: The woman whose husband dies after the marriage contract yet before consummation must still observe the waiting mourning period because simply by the conclusion of the contract she becomes his wife and falls under the command of the verse, "Those of you who die and leave wives behind, they [the wives] shall wait for four months and ten days" (al-Baqarah 234). She also falls under the hadeeth that al-Bukhaaree and Muslim recorded in which the Messenger of Allaah (sal-Allaahu ‘alayhe wa sallam) said, "It is not allowed for a woman to mourn for a dead person for more than three days-- except if it is for her husband, in which case it is for four months and ten days." Ahmad and the compilers of the Sunan recorded that the Messenger of Allaah (sal-Allaahu ‘alayhe wa sallam) decreed concerning Buru bint Washiq, a woman whose husband had died before consummation, that she must observe the waiting period and that she was entitled to inheritance from him.

And with Allaah lies all success and may Allaah send prayers and salutations upon our Prophet (sal-Allaahu `alayhe wa sallam) and his family and his companions.

The Permanent Committee for Islaamic Research and Fataawa
Fataawa al-Mar.ah