The ruling regarding inheritance if a husband divorces his wife once during health, then pronounces a second divorce during illness, and she passes her waiting period before his death.

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 husband divorces his wife once during health, then divorces her again during his illness, and she becomes irrevocably separated only upon the expiration of her waiting period, she inherits from him. This is treated as if he initiated the divorce entirely during his illness because the intent was to avoid her inheritance.

Supporting text

If a husband divorces his wife once during health, and then divorces her again during illness but does not establish the final separation until her waiting period ends, she does not inherit. This is because the divorce during illness did not sever her right to inheritance, nor did it effect her final separation immediately.