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Does a divorced woman inherit from her ex-husband after marrying another man and having children with him?

1 min readAlso available in العربية

Among the conditions for a wife to inherit is that the marital relationship be existing either actually or constructively by a revocable divorce (talaq raj'i) and the husband's death before the waiting period (iddah) expires. If she was divorced and her waiting period expired before his death, then she does not inherit from him according to the majority of scholars. However, the Malikis hold that she inherits from him if he divorced her during his death-sickness (marad al-mawt), even if her waiting period expired and she remarried. The fatwa (ruling) issued is based on the opinion of the majority.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

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