The Ruling on a Divorced Woman Taking from the Inheritance
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Question:
The first message in this episode is from a listener (Said Jalal . M. Sh. Ahmad) from Cairo. Our brother asks and says: What is the waiting period of a divorced woman? And if a woman is divorced, and her husband dies a few months after her divorce, does she have a share in the inheritance? Knowing that the woman is pregnant, and her husband has died—as I mentioned—may Allah reward you with good.
Answer:
In the name of Allah, the Most Gracious, the Most Merciful. Praise be to Allah, and may Allah send prayers and blessings upon the Messenger of Allah, and upon his family and his Companions, and upon those who follow his guidance. As for what follows:
The waiting period of a divorced woman has been clarified by Allah in His Book, where He, the Exalted, said: [al-Baqarah:228]. The correct view is that the periods are menstruations. Her waiting period is three menstruations after the divorce. If she menstruates three times, she is separated from him and exits from his protection. If he dies after that, she does not inherit from him if he dies after the waiting period; she does not inherit from him, whether the divorce was one, two, or three. Whenever the death occurs after the waiting period, she does not inherit from him.
As for if she is pregnant, as the questioner mentioned, her waiting period is the delivery of the child, by the saying of Allah, the Exalted: [al-Talaq:4]. If he dies while she is pregnant, there is a detail:
If the divorce was one or two revocable divorces, she has the inheritance.
And if it was the final third divorce, or a divorce for compensation, she does not inherit from him. If he divorced her for compensation and paid it to her, which is khul', she becomes absolutely divorced and does not inherit from him, even if she is pregnant. Or if it was the final third divorce—he had divorced her twice, and this is the third, which is the final one—she does not inherit from him either, because she is ... a stranger. Yes.
The presenter : May Allah reward you with good, and may He do you good.
The first message in this episode is from a listener (Said Jalal . M. Sh. Ahmad) from Cairo. Our brother asks and says: What is the waiting period of a divorced woman? And if a woman is divorced, and her husband dies a few months after her divorce, does she have a share in the inheritance? Knowing that the woman is pregnant, and her husband has died—as I mentioned—may Allah reward you with good.
Answer:
In the name of Allah, the Most Gracious, the Most Merciful. Praise be to Allah, and may Allah send prayers and blessings upon the Messenger of Allah, and upon his family and his Companions, and upon those who follow his guidance. As for what follows:
The waiting period of a divorced woman has been clarified by Allah in His Book, where He, the Exalted, said:
Divorced women remain in waiting for three periods
وَالْمُطَلَّقَاتُ يَتَرَبَّصْنَ بِأَنفُسِهِنَّ ثَلاثَةَ قُرُوءٍAs for if she is pregnant, as the questioner mentioned, her waiting period is the delivery of the child, by the saying of Allah, the Exalted:
And for those who are pregnant, their term is until they give birth
وَأُوْلاتُ الأَحْمَالِ أَجَلُهُنَّ أَنْ يَضَعْنَ حَمْلَهُنَّIf the divorce was one or two revocable divorces, she has the inheritance.
And if it was the final third divorce, or a divorce for compensation, she does not inherit from him. If he divorced her for compensation and paid it to her, which is khul', she becomes absolutely divorced and does not inherit from him, even if she is pregnant. Or if it was the final third divorce—he had divorced her twice, and this is the third, which is the final one—she does not inherit from him either, because she is ... a stranger. Yes.
The presenter : May Allah reward you with good, and may He do you good.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.