Commentary on the death of one of the spouses and the intention to deprive of inheritance
Machine translationRead the Arabic original
The questioner:
He says: Honorable Shaykh, may Allah grant you success. Regarding the author's (may Allah have mercy on him) statement: "I divorced [my wife] in the last of their lives, by death," is there not an intention to deprive her [of inheritance] in that?
The Shaykh:
In the last of their lives, the first to die. Yes.
The questioner:
In the last of their lives, by the death of the first, is there not an intention to deprive her of inheritance?
The Shaykh:
No, if he says it while he is of sound mind, he is not suspected of intending harm, and he does not know who will die first, whether it is he or she. He did not condition it on death.
The questioner:
He says: Honorable Shaykh, may Allah grant you success.
The Shaykh:
On death, it is possible, but it is conditioned on death. Yes.
He says: Honorable Shaykh, may Allah grant you success. Regarding the author's (may Allah have mercy on him) statement: "I divorced [my wife] in the last of their lives, by death," is there not an intention to deprive her [of inheritance] in that?
The Shaykh:
In the last of their lives, the first to die. Yes.
The questioner:
In the last of their lives, by the death of the first, is there not an intention to deprive her of inheritance?
The Shaykh:
No, if he says it while he is of sound mind, he is not suspected of intending harm, and he does not know who will die first, whether it is he or she. He did not condition it on death.
The questioner:
He says: Honorable Shaykh, may Allah grant you success.
The Shaykh:
On death, it is possible, but it is conditioned on death. Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، 086 من 123 / شرح كتاب زاد المستقنع / الطلاق / الطلاق قي الماضي والمستقبل / صالح الفوزان / الفقه — youtube.com (1:02:14)
The Arabic text is a machine transcription of the audio recording.