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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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The inheritance of a divorced wife from her husband if he dies

Machine translationRead the Arabic original
The questioner:
From my questions, he says: Honorable Shaykh, if a man divorces his wife and then dies, does this wife inherit?

The Shaykh:
There is a distinction here. If he divorced her with a revocable divorce and died while she was in the waiting period, then she inherits, because she has the ruling of wives. Allah the Exalted said: “And their husbands have a better right to them in that,” meaning in the waiting period. He called them wives, meaning spouses. Likewise, if he divorced her while he was in a terminal illness, suspected of intending to deprive her of her inheritance—suspected of intending to deprive her of her inheritance—then she inherits, because he is treated by the opposite of his original intent. If he divorced her with an irrevocable divorce while he was in good health—divorced her with an irrevocable divorce while he was in good health—then if he dies while she is in the waiting period, she has no inheritance, because she is not a wife. Yes.

The presenter:
How does one know, for example, if he divorced her in the bathroom?

The Shaykh:
If he divorced her in a terminal illness that is feared to be fatal—if he divorced her in a terminal illness that is feared to be fatal—then she is not divorced, or if he admitted that he divorced her so that she would not inherit, then this matter is treated as sleep. Yes.
Source نور على الدرب - الفوزان - 03/253 — archive.org (14:07)

The Arabic text is a machine transcription of the audio recording.

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