Zihar from his wife, then he died before expiating it
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Fatwa number ( 818 )
Q: His father passed away and left behind two wives: one named (M.A.) and his father had said to her twelve years ago: (You are to me like my mother). And from the time he said that until he passed away, he was keeping his distance from her. He asks: Does she have a right to inherit from him?
A: If the matter is as the questioner described, that his father said to one of his wives (M.A.): (You are to me like my mother), then if nothing else was said by him regarding her, it is considered zihar. Zihar does not result in the wife being divorced; rather, she remains in the bond of her husband. However, it is not permissible for him to touch her until he expiates for the zihar. Since he passed away before her and her co-wife, she has her right of inheritance from him. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: His father passed away and left behind two wives: one named (M.A.) and his father had said to her twelve years ago: (You are to me like my mother). And from the time he said that until he passed away, he was keeping his distance from her. He asks: Does she have a right to inherit from him?
A: If the matter is as the questioner described, that his father said to one of his wives (M.A.): (You are to me like my mother), then if nothing else was said by him regarding her, it is considered zihar. Zihar does not result in the wife being divorced; rather, she remains in the bond of her husband. However, it is not permissible for him to touch her until he expiates for the zihar. Since he passed away before her and her co-wife, she has her right of inheritance from him. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.