Does a wife inherit from her husband if he divorces her during his fatal illness, recovers, and then dies later?
Chapter on Distant Kindred (Dhawu al-Arham)
Al-Mughni
Book of Inheritance Shares (Farā'id)
Primary text
If the husband recovers from the fatal illness after issuing the divorce and subsequently dies, the wife does not inherit from him, according to the majority opinion. The evidence supporting this is that she is irrevocably divorced by a divorce issued outside the fatal illness, thus she does not inherit, like one divorced during health. Furthermore, the ruling concerning this illness is treated like health regarding gifts, manumissions, and confessions, so it must also be so concerning divorce.
Supporting text
A dissenting view narrated from Nakha'i, Sha'bi, Thawri, and Zufar is that she inherits, because the divorce was issued during a fatal illness with the intention of escaping inheritance, and this intention should not be nullified by his recovery, similar to if he had not recovered.