Is an acknowledgment of dower made by a husband to his wife valid if he subsequently divorces her, then remarries her, and then dies during that illness?
General Chapter
Al-Mughni
Book of Acknowledgment of Rights
Primary text
The acknowledgment made to the wife is not accepted if the husband acknowledges the dower, subsequently divorces her, remarries her, and then dies during that illness. This is because the acknowledgment qualifies as an acknowledgment made to an heir during the illness of death, resembling the situation if he had not divorced her at all. This situation differs from an acknowledgment made when the patient recovers from his illness, as that recovery negates the condition of the illness of death.
Supporting text
Muhammad ibn al-Hasan permits the acknowledgment because the wife has transitioned to a state where she is not suspected of collusion, resembling the case where a sick person acknowledges something and then recovers.