Is a divorce that has taken place required to be officially registered?

The questioner : The estate was distributed, but she claimed the entire household furniture, saying it belonged to her and was not part of the estate or her money. Does she have a right to it? She says, for example, "This bedroom is mine." How do we divide it between me and my siblings? He did not leave any children, of course.

The Shaykh : You must inquire from her what she means by saying the bedroom is hers. Does she mean one of two things: that she bought it with her own money? No. Does she mean that it was part of her mahr? No. If so, she has absolutely no right to it.

The questioner : He returned to Jordan three years ago, and he was sending her messages telling her to come, and he sent her a visit visa and everything related to these matters, but she refused. When his illness became severe a year and a half ago, his family, his sisters and others, asked him to divorce her. He said, "I am divorcing her," meaning she did not agree to come, and every time his illness worsened, he would say, "I am divorcing her," but his health did not allow him to go to the courts to make it official. He said, "I do not want her." Then Allah took him, and he did not divorce her officially. Does she have any right to his estate?

The Shaykh : This depends on whether he divorced her or not. If he divorced her, she has no right; if he did not, she has a right. How can we rule whether your father divorced her or not?

The questioner : He did not divorce her officially in the courts, but our knowledge of his state and his demeanor indicates that he divorced her and did not want her. She would call, and he would say, "Do not come, I am divorcing you."

The Shaykh : This matter requires consideration. First, does she know that he divorced her? She will tell me with certainty, "No."

The questioner : By Allah, I do not know. My suspicion is no.

Another questioner : Our Shaykh, he says she would call, and he would tell her, "I am divorcing you, do not come."

The Shaykh : May Allah reward you with all good. I understood what he is saying.

The questioner : You may have understood this from anger; it does not mean he was certain or something like that.

The Shaykh : That is why there cannot be a divorce unless it is certain. First, you should have written it down when he was telling you, "I am divorcing her." Write, "My father, because of death and life, write that you have divorced her," and have so-and-so and so-and-so testify to this divorce. Then the legal rulings would be found. But now, after the man has passed away to the mercy of Allah, if Allah wills, and the time for inheritance and division of the estate has come, we are clinging to a statement he made, and we do not know what the circumstances were when he said it. Therefore, the heirs of the deceased must be certain whether there was a divorce or not. In reality, it will become clear whether the woman was informed of this divorce or not. If she is informed of his death, she will immediately rise up and demand her inheritance rights.

The questioner : Well, the issue

Another questioner : was not completedThe Shaykh : .

The Shaykh : No, it is finished, please proceed.

The questioner : The issue of her being a Shi'ite.

The Shaykh : The issue you asked about, after all those years with her, you did not ask about it.

The questioner : No, meaning he naturally did not consult, and this issue did not concern him.

The Shaykh : And consequently, after his death, he did not consult.