Does a husband inherit from his wife if she performs an act that dissolves their marriage during her fatal illness?

Chapter on Distant Kindred (Dhawu al-Arham)

Al-Mughni

Book of Inheritance Shares (Farā'id)

Book 32 · Issue 1 · Bab 5

Open in Qurani

Primary text

If a wife performs an act that dissolves her marriage during her fatal illness, such as suckling a young woman to her husband, or her husband suckling a minor, or if she commits apostasy (irtidad), and then dies during that illness, the husband inherits from her, but she does not inherit from him. This is the position adopted by Abu Hanifa. The rationale is that this situation is analogous to one spouse fleeing the inheritance of the other, similar to the case of a man fleeing inheritance.