Does a wife inherit from her husband if she requested a divorce during his terminal illness, and he granted it?

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 the wife requested divorce during the husband's terminal illness and he granted it, one opinion states she does not inherit because he is not considered an ill person (in the context of inheritance denial). A second ruling states she does inherit because the divorce occurred during his illness. The sound ruling in all such cases where she initiates the separation (including Khul', conditional divorce predicated on her will, or choosing herself when given the option) is that she does not inherit, as there is no possibility of evading inheritance rights. This is the position of Abu Hanifa and Shafi'i.

Supporting text

If the wife was unaware of the conditionality of the divorce when she fulfilled the condition, she inherits because she is excused. If she asked for one divorce but he pronounced three, she inherits because he separated her by something she did not request.