Is a man's divorcing his wife while he is on his deathbed, with the aim of depriving her of inheritance, considered a "divorce of flight" (talaq al-farr), and what is the most authoritative opinion in Hanafi jurisprudence regarding her 'iddah (waiting period) in this case?

Divorce during a husband's final illness (ṭalāq al-fār) is valid by consensus of the jurists, but they differed regarding the wife's inheritance and waiting period ('idda) from it. Ṭalāq al-fār is when a husband irrevocably divorces his wife during his death-illness, with the aim of depriving her of inheritance. The jurists agreed on the validity of the divorce if the husband was of sound legal capacity, and on the wife's inheritance if he died while she was in her 'idda from a revocable divorce.

The jurists differed regarding her inheritance from an irrevocable divorce. The Hanafis, Malikis, Hanbalis (according to the soundest opinion), and Shafi'is (in their old opinion) stated that she inherits from him, treating him with the opposite of his intention. These jurists were divided into three groups: one group said she inherits as long as she is in her 'idda; another said she inherits as long as she has not remarried; and a third group said she inherits whether she is in her 'idda or not, and whether she has remarried or not.

The jurists also differed concerning the 'idda for ṭalāq al-fār: - The Malikis, Shafi'is, and Abu Yusuf from the Hanafis said: The wife completes the 'idda of divorce and does not transition to the 'idda of death. - The Hanafis and Hanbalis said: She transitions from the 'idda of divorce to the 'idda of death (the longer of the two periods) as a precautionary measure, meaning she observes a waiting period of four months and ten days from the time of death. If she does not menstruate during that time, she then observes three menstrual cycles.