Does a divorced woman inherit if her husband dies while she is in the waiting period?
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Question:
The brother Ahmad asks and says: Does a divorced woman inherit if she is in the waiting period?
Answer:
In the name of Allah, the Most Gracious, the Most Merciful. Praise be to Allah, Lord of the worlds, and may Allah send prayers and blessings upon our Prophet Muhammad, and upon his family and his Companions. To proceed: If a divorced woman’s husband dies while she is in the waiting period, there is a distinction here. First, if her divorce was revocable, meaning her husband has the right to take her back during the waiting period, then she inherits if he dies; because she is a wife with the rights of wives, so she has inheritance; because she has not exited the protection of her husband, and she does not exit it except by the completion of the waiting period if he does not take her back?
As for if her divorce was irrevocable, meaning her husband has no right to take her back, then she does not inherit from her husband, whether it was an irrevocable divorce of the lesser kind or of the greater kind. The criterion in that is that her husband has no right to take her back during the waiting period, and she does not become lawful to him if it is a lesser irrevocable divorce except with a new contract, and if it is a greater irrevocable divorce, then she does not become lawful to him except after she marries another husband and he divorces her.
The brother Ahmad asks and says: Does a divorced woman inherit if she is in the waiting period?
Answer:
In the name of Allah, the Most Gracious, the Most Merciful. Praise be to Allah, Lord of the worlds, and may Allah send prayers and blessings upon our Prophet Muhammad, and upon his family and his Companions. To proceed: If a divorced woman’s husband dies while she is in the waiting period, there is a distinction here. First, if her divorce was revocable, meaning her husband has the right to take her back during the waiting period, then she inherits if he dies; because she is a wife with the rights of wives, so she has inheritance; because she has not exited the protection of her husband, and she does not exit it except by the completion of the waiting period if he does not take her back?
As for if her divorce was irrevocable, meaning her husband has no right to take her back, then she does not inherit from her husband, whether it was an irrevocable divorce of the lesser kind or of the greater kind. The criterion in that is that her husband has no right to take her back during the waiting period, and she does not become lawful to him if it is a lesser irrevocable divorce except with a new contract, and if it is a greater irrevocable divorce, then she does not become lawful to him except after she marries another husband and he divorces her.
Source
قناة «العلامة الدكتور صالح الفوزان»، هل ترث المطلقة إذا مات عنها زوجها وهي في العدة؟ الشيخ صالح الفوزان — youtube.com
The Arabic text is a machine transcription of the audio recording.
