Does a wife inherit from her husband if he suspends a revocable divorce upon a condition, and the condition that makes the divorce final occurs during his terminal illness?
Chapter on Explicit Divorce and Others
Al-Mughni
Book of Divorce
Primary text
If a husband suspends a revocable divorce upon a condition, and the condition that makes the divorce final occurs while he is terminally ill, the wife does not inherit from him. This applies if he says, "You are divorced three times if I do not marry another woman," and he dies without marrying another, or if the suspension relates to a negative condition, such as, "You are divorced if I do not enter Al-Basra," and he fails to enter Al-Basra before death. This is because the wife fulfilled the condition (or failed to perform the preventing act) during his illness, and the ruling aligns with a divorce finalized during his terminal illness.
Supporting text
The opinion of Abu Hanifa regarding the case where the husband says, "If I do not enter Al-Basra, you are divorced," and he dies without entering, is that the wife does not inherit. This is considered sound if the husband's act (or the wife's abstention from an act) was not difficult for the wife, as her abstention is treated like an act she was enjoined to leave. However, if the act omitted by the wife was necessary for her, her abstention should not cause the forfeiture of her inheritance rights.