What is the ruling regarding a woman whose husband died while she was in a state of denying a triple divorce?

Chapter on Divorce by Calculation

Al-Mughni

Book of Divorce

Book 39 · Issue 2 · Bab 3

Open in Qurani

Primary text

If the husband dies and he did not confess to the divorce, she does not inherit from him, as she should not take what is not rightfully hers. She must hide in her own town and not leave the city.

Supporting text

In one narration, Ahmad stated that she should flee from him and not remarry until the divorce is established and known. If the husband then appears and claims her, she must be returned to him and disciplined. Furthermore, there is a discussion regarding whether she is permitted to kill someone attempting to force a relationship with her; this is generally not permitted to be done intentionally, as self-defense does not justify intentional killing.