Is a bequest between two spouses valid if they divorce after the bequest?
General Chapter
Al-Mughni
Book of Bequests
Primary text
If one spouse makes a bequest to the other and they subsequently divorce, the bequest becomes valid. This is because the divorced spouse is no longer an heir and thus the impediment to the bequest is removed.
Supporting text
However, if the divorce occurs during the husband's fatal illness (marad al-mawt), the established legal opinion suggests she should not receive more than her rightful inheritance share. This is due to the suspicion that the divorce was engineered solely to transfer wealth to her via the bequest, a maneuver that is invalidated just as a bequest to her exceeding her inheritance share in that same illness would be.