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The question

Does a stepmother who was definitively divorced (talaq bain baynunah sughra) during a death-bed illness, and who absolved her children's father of all her rights in the divorce contract, have the right to inherit from him?

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

Scholars differ regarding the inheritance of a wife divorced during a death illness. The Shafi'is, in their new opinion, hold that she does not inherit. In contrast, the majority (Hanafis, Hanbalis, and the old opinion of the Shafi'is) believe she does inherit, and the husband is treated contrary to his intention if he divorced her with the aim of disinheriting her. The majority stipulates for her inheritance that the divorce must not have been at her request or with her consent, and that she must have been eligible for inheritance from the time of the divorce until the time of death. However, if the divorce was at her request, such as through khul', she does not inherit according to the majority of scholars.

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

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