Does the wife of a father inherit if his son forces her into an act that invalidates the marriage (like sexual intercourse) while the father is ill, and the father subsequently dies from that illness?
Chapter on Distant Kindred (Dhawu al-Arham)
Al-Mughni
Book of Inheritance Shares (Farā'id)
Primary text
If the son forces his father's wife into an act invalidating her marriage during the father's final illness, and the father dies from that illness, the wife inherits from the father. However, she does not inherit from the son if he dies. This is the position of Abu Hanifa and his school. If the wife willingly consented to the act, she does not inherit from the father because she participated in the act that dissolves her marriage, resembling a Khul' (redemption divorce). This ruling holds true regardless of whether the deceased father had other sons or not. The wife forfeits inheritance if the suspicion (Tuhma) of collusion regarding inheritance is absent. Suspicion is absent if the actor (the son) is not an heir, such as a non-Muslim, a murderer, a slave, a foster son, a son of a son who is legally barred from inheritance by a living son or parents, or if the deceased has another wife whose inheritance is valid. If the son who was not an heir later becomes an heir, the wife still inherits from the father because suspicion was absent at the time of intercourse. Conversely, if the actor was an heir at the time of intercourse but subsequently becomes barred from inheritance, the wife inherits because suspicion existed at the time of intercourse.
Supporting text
If the sick man had two wives and his son forced one into an invalidating act, that wife does not inherit because the suspicion regarding her inheritance does not point back to the actor (the son's benefit is limited). If the son forced the second wife later, that second wife does inherit because the son is suspected in her regard. If the son forced both wives simultaneously, both inherit.