Inheritance rights when a marriage is dissolved due to the wife choosing separation after manumission during the husband's illness.

Chapter on Distant Kindred (Dhawu al-Arham)

Al-Mughni

Book of Inheritance Shares (Farā'id)

Book 32 · Issue 2 · Bab 5

Open in Qurani

Primary text

If a slave woman is freed and chooses to dissolve the marriage, or if the husband was impotent (inani) and the mandated year elapsed without consummation, and she chose separation during her subsequent fatal illness, and separation was decreed between them, neither spouse inherits from the other. This ruling is established by universal agreement among scholars in this specific scenario.

Supporting text

The jurists state that dissolution in the case of a freed woman choosing separation or a year of waiting for an impotent husband occurs to avert harm (difa' al-darar), not to flee inheritance, thus nullifying inheritance rights in that instance.