Does the wife inherit her deceased husband, knowing that she had abandoned his bed, claiming that she had become like a divorcee due to his frequent insults, abuse, and threats of divorce, and knowing that he had forgiven her before his death?
It is not permissible for a husband to insult or curse his wife, because it is an unjustified harm to a Muslim, as the Prophet, peace and blessings be upon him, said: "Cursing a Muslim is فسوق (disobedience), and fighting him is kufr (disbelief)." Since the deceased has passed away, one should refrain from speaking about what he did, and the wife should forgive him.
As for the question of inheritance, if the father had divorced the mother with a triple divorce or an irrevocable divorce (like khul'), or with less than three divorces and her ' (waiting period) expired without reconciliation, then she does not inherit from his estate. However, if he divorced her with a revocable divorce (one or two divorces) and he died before the expiration of her 'iddah, then she inherits from him, because a wife in a revocable divorce is inherited by her husband as long as she is in her 'iddah. We advise raising the matter to a court to examine the details.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- 115185
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy