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Fatwa CenterReceiving her late father’s pension after her marriage
Question
All praise is due to Allaah. I concluded my marriage contract to a girl whose father has died. He was a government employee, and she receives a monthly payment from his retirement pension. Now, we have not yet consummated the marriage, and she still lives with her family. Is it permissible for her to receive the pension, or should she stop receiving it once the marriage contract is concluded? Some people say that she should receive it as long as she has not yet gone to the home of her husband. It should be known that she is currently preparing her trousseau and the pension is not a small amount of money. Please advise.
May Allaah Reward you.
Answer
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad, sallallaahu ‘alayhi wa sallam, is His Slave and Messenger.
This pension is one of two cases:
It was deducted from the salary of the deceased person, or
it is given as a grant from the state.
If it was deducted from his salary during his lifetime, it becomes the right of the heirs. She should take this pension or her share in it if there are other heirs, whether she is married or not.
If this pension is granted by the state, provided that there is no breadwinner for the heirs or the children who are still underage, then it is only permissible to take this pension according to the conditions.
There should be detailing regarding the financial maintenance of the woman after the conclusion of her marriage contract but before consummating the marriage:
In the first case: that she enables her husband to enjoy her fully and demands financial maintenance from him.
In the second case: that she or her Wali does not enable the husband to enjoy her or that they remain silent after the contract whereby she does not offer herself to him and he does not demand so. Hence, he is not obliged to financially support her. Consequently, it is permissible for her to take her father’s pension.
The Hanafi scholar Al-Kaasaani 
said, “If a man marries a free pubescent sane woman and takes her to his home, it becomes obligatory upon him to financially support her because the reason and condition of obligation to support her are met. If he does not take her to his home while she does not prevent him from taking her and asks for her financial maintenance, then she deserves it because the reason of its obligation is met. Its condition is to submit herself, according to the interpretation that we mentioned. The husband’s forsaking of his right with the ability to have it does not negate her right to financial maintenance.”
The Hanbali scholar Ibn Qudaamah said:
If a man marries a woman who is fit for having sexual intercourse and does not prevent him from herself, nor does her Wali prevent him from taking her, then financial maintenance becomes obligatory upon him. That is because a woman deserves financial maintenance as long as there are two conditions fulfilled: first, that she is a pubescent who can have sexual intercourse. If she is still a child, then there is no financial maintenance due upon him. Second: she does not prevent him from herself. If she prevents him from herself or if her Wali prevents him or did not discuss this issue after concluding the marital contract whereby she does not offer herself to him and he does not demand her, then she does not deserve financial maintenance, even if they stay that way for a long time. The Prophet, sallallaahu ‘alayhi wa sallam, married ‘Aa’ishah 
and consummated the marriage after two years. He did not financially support her until the consummation had taken place. He did not pay the past financial maintenance. Financial maintenance is deserved in return for enabling the husband to enjoy her by virtue of the marriage contract. If such enablement is found, she deserves financial maintenance. Otherwise, she does not deserve anything.
Allaah Knows best.
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