Back to search
The question

Does a wife inherit her husband and their deceased daughter after he divorced her over the phone while he was angry and traveling, and he suffered a stroke and fell into a coma before his death?

Share this answer

Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

Divorce occurs in a state of anger if the one pronouncing the divorce knows what he is saying. Divorce via telephone is valid. If the divorce is revocable (first or second), the wife inherits as long as she is within her waiting period (iddah). However, in the case of an irrevocable divorce (talaq bain), there is no inheritance. The inheritance of a daughter who dies before her father is divided between her parents: the mother receives one-third and the father the remainder, unless she has siblings, in which case the mother receives one-sixth. Regarding the inheritance of a deceased father: If he dies during his wife's waiting period from a revocable divorce, she receives one-fourth, his sister receives one-half, and the remainder goes to the 'asabah (agnatic heirs). If he dies after the waiting period has ended or as a result of an irrevocable divorce, the wife does not inherit from him, and the sister receives one-half, with the remainder going to the 'asabah.

Summarized from the full answer at Ftawy · imported

Read the full answer on Ftawy
Where this answer came from
Source platform
Ftawy
Original fatwa ID
21173
Imported
Translation status
Source text, unreviewed
Read the full ruling
Read the full answer on Ftawy