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Does a woman inherit from her deceased husband if he divorced her and then died while she was still in her waiting period ('iddah)?

1 min readAlso available in العربية

A divorced woman falls into one of three categories: 1. Revocable divorce (Talāq Rajʿī): If the husband dies while she is still in her waiting period (iddah), she inherits from him, by the consensus of scholars, because she is still considered his wife. 2. Irrevocable divorce (Talāq Bāʾin) (when the husband is in good health): If the husband dies, she does not inherit from him, by the consensus of scholars, due to the termination of the marital bond. 3. Irrevocable divorce (Talāq Bāʾin) (during the husband's death illness with suspicion of deprivation): Scholars have differed on this. Al-Shāfiʿī holds that she does not inherit. Abū Ḥanīfah holds that she inherits as long as she is in her iddah. Imām Aḥmad holds that she inherits as long as she has not married another man; this is the view preferred by some contemporary scholars.

If a husband of a revocably divorced woman dies while she is in her iddah, she is considered as a wife and transitions from the iddah of divorce to the iddah of death, and she inherits from him. This is based on the Almighty's saying: ﴿وَوَبُعُولَتُهُنَّ أَحَقُّ بِرَدِّهِنَّ فِي ذَلِكَ إِنْ أَرَادُوا إِصْلَاحًا﴾ [Al-Baqarah/228], and His saying: ﴿لَا تُخْرِجُوهُنَّ مِنْ بُيُوتِهِنَّ وَلَا يَخْرُجْنَ إِلَّا أَنْ يَأْتِينَ بِفَاحِشَةٍ مُبَيِّنَةٍ﴾ [Al-Talāq/1]. As for a woman irrevocably divorced (such as a third divorce, or through khulʿ, or fasakh), she does not inherit. An exception is made if the husband divorced her during his death illness with the intention of depriving her; in this case, she inherits from him even if her iddah has ended, as long as she has not married.

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

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