The ruling on the inheritance of a woman divorced with a revocable divorce if she dies during the waiting period
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Question: What is the ruling in the Shari'ah regarding a man who married a woman and divorced her with the first divorce, and the woman died during the waiting period? Does the husband have the right to inherit from her?
Answer: If the woman dies while she has not yet exited the waiting period of a revocable divorce, her husband inherits from her by the consensus of the Muslims; because she is in the status of a wife as long as she is in the waiting period. Likewise, if he dies, she inherits from him.
As for when the divorce is not revocable, such as a divorce effected in exchange for money that the woman offered to the husband so that he would divorce her, and likewise if she sought a divorce from him in exchange for money and he divorced her on that basis without using the wording of divorce, and likewise the woman whose marriage is annulled by a judge from her husband for a legitimate legal reason that necessitates it, and likewise the woman whose husband divorced her with the final divorce of the three, and he was not suspected of intending to deprive her of inheritance, then this separation in these four cases is a final separation, in which there is absolutely no mutual inheritance between the spouses.
Answer: If the woman dies while she has not yet exited the waiting period of a revocable divorce, her husband inherits from her by the consensus of the Muslims; because she is in the status of a wife as long as she is in the waiting period. Likewise, if he dies, she inherits from him.
As for when the divorce is not revocable, such as a divorce effected in exchange for money that the woman offered to the husband so that he would divorce her, and likewise if she sought a divorce from him in exchange for money and he divorced her on that basis without using the wording of divorce, and likewise the woman whose marriage is annulled by a judge from her husband for a legitimate legal reason that necessitates it, and likewise the woman whose husband divorced her with the final divorce of the three, and he was not suspected of intending to deprive her of inheritance, then this separation in these four cases is a final separation, in which there is absolutely no mutual inheritance between the spouses.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.
