Does a divorce statement conditioned upon the death of one spouse after their marriage remain valid?
Chapter on Divorce by Calculation
Al-Mughni
Book of Divorce
Primary text
If a husband states to his wife, 'You are divorced after my death,' or 'after your death,' or 'at the time of my death,' or 'at the time of your death,' the divorce does not occur. This position is affirmed by Ahmad and al-Shafi'i, and no contrary opinion is known. The reason is that the marriage bond is dissolved by the death of either party, meaning the divorce statement does not coincide with an existing marriage that it could dissolve.