Does a wife inherit from her divorcing husband if the divorce occurs while he is terminally ill?

Chapter on Distant Kindred (Dhawu al-Arham)

Al-Mughni

Book of Inheritance Shares (Farā'id)

Book 32 · Issue 1 · Bab 5

Open in Qurani

Primary text

If a Muslim divorces his female slave (Amah) and his non-Muslim female subject (Dhimmi) wife with an irrevocable divorce (Talaq Ba'in) while terminally ill, and the Dhimmi subsequently converts to Islam and the slave is manumitted, and the husband dies during their waiting periods ('Iddah), neither inherits from him. This is because the divorce was not issued in anticipation of an event that would grant them inheritance rights (i.e., they were not divorced to prevent inheritance).