Does a wife divorced three times during her fatal illness inherit from her husband if she apostatizes and then reverts to Islam during her waiting period before his death?
Chapter on Distant Kindred (Dhawu al-Arham)
Al-Mughni
Book of Inheritance Shares (Farā'id)
Primary text
There are two primary views regarding inheritance in this specific scenario. The first view holds that she does inherit from him. This is the position of Malik, based on the reasoning that the divorce occurred during the illness, making it similar to the situation where apostasy did not occur. The second view states she does not inherit. This is the position held by Abu Hanifa and Al-Shafi'i, based on the reasoning that she performed an act (apostasy) that negates the marriage bond, making it similar to if she had married another man.
Supporting text
The principle is established that if the husband were the one who apostatized, then reverted to Islam before his death, his wife inherits from him. Al-Shafi'i, however, maintains that the wife does not inherit in the original scenario. The argument for inheritance is based on the fact that she was divorced during the illness and did not perform an act negating her marriage, and her husband died within her waiting period, resembling the case where she did not apostatize.