Do the husband and wife inherit from each other after negation of lineage by L'ian?
Chapter on Distant Kindred (Dhawu al-Arham)
Al-Mughni
Book of Inheritance Shares (Farā'id)
Primary text
If the L'ian is fully completed between the spouses and the judge separates them, the mutual inheritance between the husband and wife ceases. This cessation is established without known dispute among the scholars. If either spouse dies before the L'ian is completed, the surviving spouse inherits from the deceased, according to the view of the majority. If L'ian is completed but the judge has not yet issued the separation decree, there are two narrations: one states they do not inherit (the view of Malik and Zufar), reasoning that L'ian mandates perpetual prohibition, similar to suckling; the other states they inherit until the judge separates them (the view of Abu Hanifa and his companions), reasoning that the Prophet's separation implies the L'ian itself did not immediately sever inheritance rights.
Supporting text
Malik held that if the husband dies after his L'ian, the wife does not inherit nor observe the waiting period (*'iddah*) if she also performed L'ian, but she inherits and observes *'iddah* if she did not. If the wife dies after the husband's L'ian, all scholars except Al-Shafi' agree that the husband inherits from her. Abu Hanifa and his companions stipulate that if the judge separates them after they have completed three mutual accusations, separation and cessation of inheritance occur, but not if separation occurs before the third instance.