He divorced her while she was not in a state of ritual purity and died before taking her back
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Fatwa number ( 4739 )
Q: (E.F.F) married me and divorced me two years ago, and I was not in a state of ritual purity, where he said to me: You are divorced with one divorce, and this year he repeated this phrase by saying: You are divorced with one divorce, and he did not utter an oath in front of me, and I was in a state of ritual purity, and that was during the days of 'Id al-Fitr, then he was angry with me for a period of six months, and I had my menses more than three times before he took me back, then he died and did not take me back, and I had my menses after his death, so do I have the right to inherit from my deceased husband Abdul Aziz, and what is the waiting period?
A: If the matter is as mentioned and the divorce did not occur during his death sickness, then there is no waiting period for you; because of His saying, the Exalted:
[Al-Baqarah 2:228] And as long as he did not take you back and the three periods of menses were completed before his death, there is no waiting period for you; because you are not his wife at the time of his death, and you have no share of the inheritance. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: (E.F.F) married me and divorced me two years ago, and I was not in a state of ritual purity, where he said to me: You are divorced with one divorce, and this year he repeated this phrase by saying: You are divorced with one divorce, and he did not utter an oath in front of me, and I was in a state of ritual purity, and that was during the days of 'Id al-Fitr, then he was angry with me for a period of six months, and I had my menses more than three times before he took me back, then he died and did not take me back, and I had my menses after his death, so do I have the right to inherit from my deceased husband Abdul Aziz, and what is the waiting period?
A: If the matter is as mentioned and the divorce did not occur during his death sickness, then there is no waiting period for you; because of His saying, the Exalted:
Divorced women remain in waiting for three periods, and it is not lawful for them to conceal what Allah has created in their wombs if they believe in Allah and the Last Day. And their husbands have more right to take them back in this [period] if they want reconciliation
وَالْمُطَلَّقَاتُ يَتَرَبَّصْنَ بِأَنْفُسِهِنَّ ثَلاثَةَ قُرُوءٍ وَلاَ يَحِلُّ لَهُنَّ أَنْ يَكْتُمْنَ مَا خَلَقَ اللَّهُ فِي أَرْحَامِهِنَّ إِنْ كُنَّ يُؤْمِنَّ بِاللَّهِ وَالْيَوْمِ الآخِرِ وَبُعُولَتُهُنَّ أَحَقُّ بِرَدِّهِنَّ فِي ذَلِكَ إِنْ أَرَادُوا إِصْلاحًا
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.