What is the ruling if a divorce condition set during health manifests during the terminal illness?

Chapter on Distant Kindred (Dhawu al-Arham)

Al-Mughni

Book of Inheritance Shares (Farā'id)

Book 32 · Issue 4 · Bab 5

Open in Qurani

Primary text

If a condition for divorce was set while the husband was healthy and materialized during his terminal illness, such as the arrival of Zayd, the next day arriving, or her performing an obligatory prayer, she is immediately divorced and does not inherit. This is because the oath (condition) was established during health. The first opinion is the soundest.

Supporting text

There is another narration, which is the position of Malik, that she inherits because the divorce occurred during the illness.