What are the legal rulings concerning a woman divorced three times during her husband's fatal illness before consummation?
Chapter on Distant Kindred (Dhawu al-Arham)
Al-Mughni
Book of Inheritance Shares (Farā'id)
Primary text
The primary position holds that the woman is entitled to the full dower (sadaq), inherits from the deceased husband, and must observe the waiting period (idda). This view is attributed to Abu Bakr, al-Hasan, 'Ata, and Abu 'Ubayd. The rationale is that inheritance is established for a woman whose marriage was consummated to prevent the husband's evasion of this right; thus, this divorced woman, being in a similar status of evasion, should also inherit. If inheritance is established, the obligation to observe the waiting period and the full dower must also be established. The required waiting period should be the waiting period for death (idda al-wafah) because she is treated as if the husband died while she was still married to him.
Supporting text
Several alternative opinions exist. One view grants her inheritance and the full dower but imposes no waiting period, based on the reasoning that the waiting period is a right incumbent upon her, which should not be enforced due to the husband's evasion. Another view grants her inheritance and half the dower, imposing the waiting period, consistent with the ruling of Malik according to a narration by Abu 'Ubayd, reasoning that one who inherits must observe the waiting period, but the dower is halved as stipulated by the Quran for divorce before consummation. A fourth view, adopted by Jabir ibn Zayd, al-Nakha'i, Abu Hanifa, al-Shafi'i, and the majority of scholars, states she receives neither inheritance nor a waiting period, and is entitled only to half the dower.