If a man says to his wife: "If the sooner of us dies, then you are divorced," knowing that his intention is not to deprive her of inheritance, but because he does not desire her in the afterlife due to the Prophet's (PBUH) saying: "A woman is for her last husband," does the divorce take effect? And can the hadith "and the fulfillment of their covenant" be used as evidence for the enforceability of what he said? And have early فقهاء (jurists) addressed such an issue?

If a man says to his wife: "You are divorced if I die or if you die," this is vain talk (laghw) and has no legal consequence, because divorce does not occur after death. Divorce dissolves the marriage contract, and death dissolves it before divorce does. So, if either spouse dies, the marriage contract is dissolved.

This man's action, wanting to get rid of his wife's company in Paradise, is strange. He should first work towards entering Paradise. In Paradise, nothing will displease him, and he will not be harmed by the company of his wife or anyone else, because the characteristics and morals of the people of Paradise will be transformed into the best characteristics and morals. Allah will remove any malice or hatred from their hearts, in fulfillment of His (the Most High) saying: (And We will remove whatever is in their breasts of resentment, [so] flowing beneath them will be rivers), and His (the Most High) saying: (And We will remove whatever is in their breasts of resentment, [so they will be] brothers, on couches facing each other).

So, he should strive for what will admit him into Paradise, and he will only have therein what pleases him.