Does a wife inherit from her husband if he divorces her with a non-revocable divorce during his fatal illness (Marad al-Mawt) and he dies during her Iddah?
Chapter on Distant Kindred (Dhawu al-Arham)
Al-Mughni
Book of Inheritance Shares (Farā'id)
Primary text
If the divorce occurred during the fatal illness and he dies from that illness during her Iddah, she inherits from him, but he does not inherit from her if she dies. This is narrated from Umar and Uthman (may Allah be pleased with them). This is the position of Urwah, Shurayh, Hasan, Sha'bi, Nakha'i, Thawri, Abu Hanifa among the people of Iraq, Malik among the people of Medina, and Ibn Abi Laila. It is also the older position of Shafi'i (may Allah have mercy on him). The evidence supporting this is that Uthman (may Allah be pleased with him) inherited from Tumadir bint al-Asbagh al-Kilabiyya, whom Abd al-Rahman ibn Awf had divorced during his fatal illness with a final divorce (Batat). This incident was well-known among the Companions and was not challenged, thus establishing consensus.
Supporting text
A dissenting opinion narrated from Utbah ibn Abdullah ibn al-Zubayr states that a irrevocably divorced woman does not inherit. This is also the later position of Shafi'i, based on the reasoning that she is irrevocably divorced, akin to one divorced during health, and the causes for inheritance are limited to kinship, marriage, and manumission, none of which she possesses. Furthermore, inheritance is a consequence of marriage, and it cannot coexist with another potential marriage, like the Iddah period, or because she voluntarily took an action negating the first marriage.