Does a woman inherit from her husband who divorced her three days before consummation, and then died?
A woman who is divorced before consummation does not inherit from her husband if he divorces her while he is in good health. However, if he divorces her during a life-threatening illness, there is a difference of opinion among scholars regarding her inheritance from him: some scholars deem her an heir, while others do not. Imam Ahmad has two narrations on this issue. If he divorces her during his illness before consummation, she receives half of the dowry and is not required to observe an 'iddah (waiting period). She inherits from him if he dies during that illness. However, if the divorce occurs before consummation, even after seclusion (khalwah), the divorcer is not considered to be fleeing (from the wife's inheritance), and the wife is not entitled to inheritance, because 'iddah is not obligatory with such a divorce. If the 'iddah expires, or if the divorce occurred before consummation, she does not inherit from him. It is also narrated from Imam Ahmad that she inherits from him as long as she does not remarry.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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