Inheritance of the Divorced Wife
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Fatwa No. ( 550 )
Q: The man named Salih ibn Abd al-Rahman divorced his wife, Tarefah, on 5/5/1393 AH, and then Salih died on 10/9/1393 AH. He did not take back his divorced wife until he died, and she was not pregnant. She had menstruated more than three times after he divorced her. Does she have a share in the inheritance or not?
A: If the matter is as stated, and his divorcing her was not during an illness that was continuous with his death, then this divorced woman has exited the waiting period and is separated from her husband, since he did not take her back during the waiting period. Accordingly, she has no right to inheritance from him, and she is not required to observe the mourning period. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: The man named Salih ibn Abd al-Rahman divorced his wife, Tarefah, on 5/5/1393 AH, and then Salih died on 10/9/1393 AH. He did not take back his divorced wife until he died, and she was not pregnant. She had menstruated more than three times after he divorced her. Does she have a share in the inheritance or not?
A: If the matter is as stated, and his divorcing her was not during an illness that was continuous with his death, then this divorced woman has exited the waiting period and is separated from her husband, since he did not take her back during the waiting period. Accordingly, she has no right to inheritance from him, and she is not required to observe the mourning period. 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.