Does a wife divorced irrevocably during the husband's fatal illness inherit from him after her Iddah ends, provided she has not remarried?
Chapter on Distant Kindred (Dhawu al-Arham)
Al-Mughni
Book of Inheritance Shares (Farā'id)
Primary text
The renowned position from Ahmad is that she inherits from him during the Iddah and after it, provided she has not remarried. This view is also held by Al-Buti, Humayd, Ibn Abi Laila, some people of Basra, the companions of Hasan, and Malik among the people of Medina. Evidence cited is the narration concerning Abu Ubayy ibn Ka'b, where Abu Salamah ibn Abd al-Rahman narrated that his father divorced his mother during his illness, died, and she inherited from him after her Iddah ended. The rationale is that the cause of her inheritance is his attempt to evade her inheritance, and this cause does not cease with the end of the Iddah.
Supporting text
A narration from Ahmad suggests she does not inherit after the Iddah. This is based on his ruling that if a man divorces four wives during his fatal illness and then marries four others, all eight inherit from him, which implies inheritance from eight women, a situation deemed impermissible. Therefore, her inheritance after the Iddah is rejected, similar to the woman divorced before consummation who has no Iddah and thus does not inherit. This is the position of Urwah, Abu Hanifa and his companions, and the older view of Shafi'i, because she becomes permissible for another husband, thus forfeiting inheritance, similar to divorce during health.