What is the ruling of the Sharia on the marriage of a man to a widow who has a son, then they agreed upon a fictitious divorce to spare her son compulsory military service, and thereafter he took her back informally without a contract or dowry, and they lived together for many years and had children, then the man died, knowing that the brother of his deceased wife confirmed his knowledge of the informal reconciliation and that she inherits from him?
Writing a divorce by way of a metaphor (kinayah) does not effect a divorce unless the husband intends it. If the husband did not intend divorce by what he wrote, then no divorce is binding upon him whatsoever, and the marital bond remains between them. Cohabitation is permissible, their children are legitimate, and the wife inherits from him if he dies while she is still under his marital bond.
As for his children from another wife, they ought to treat their father's wife kindly and maintain ties with her as a sign of filial piety towards him. They must also maintain ties with their paternal siblings, and it is forbidden for them to shun them. In case of dispute, the Sharia court is the one to decide.
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