Reports on the irrevocably divorced woman inheriting when divorced during a fatal illness

Imam al-Shafi'i (may Allah have mercy on him) said: "The view of many of the people of fatwa is that she (the divorced wife of a sick man) will inherit from him during the iddah; the view of some of our companions is that she will inherit from him even if the iddah has passed; some of them said: even if she has married another husband; others besides them said: she will inherit from him as long as she refrains from (marrying other) husbands; and in the view of some, the irrevocably divorced woman will not inherit. This is among the matters in which Allah Almighty's guidance (istikharah) has been sought."

Ibn Abi Mulaykah (may Allah have mercy on him) says that he asked Sayyiduna Abdullah bin al-Zubayr (may Allah be pleased with them both) about a man who divorces his wife irrevocably (battah), then the man dies while the woman is in her iddah. Sayyiduna Abdullah bin al-Zubayr (may Allah be pleased with them both) said: Sayyiduna Abdur-Rahman bin Awf (may Allah be pleased with him) divorced Tumadir bint al-Asbagh al-Kalbiyyah (may Allah be pleased with her) irrevocably, then he died while she was in her iddah, and Sayyiduna Uthman (may Allah be pleased with him) made her an heir. Sayyiduna Ibn al-Zubayr (may Allah be pleased with them both) said: In my view, an irrevocably divorced woman does not inherit.

Ibn Abi Mulaykah (may Allah have mercy on him) says: I asked Sayyiduna Abdullah bin al-Zubayr (may Allah be pleased with them both) about a man who divorced his wife irrevocably during his final illness. He said: Sayyiduna Uthman (may Allah be pleased with him) made her an heir, but I do not make her an heir, because he separated her irrevocably. [Sahih]

Abu Salamah bin Abdur-Rahman bin Awf (may Allah have mercy on him) says that Sayyiduna Abdur-Rahman bin Awf (may Allah be pleased with him) gave his wife a battah (irrevocable) divorce during his final illness, and Sayyiduna Uthman (may Allah be pleased with him) made her an heir after her iddah had ended.

Imam al-Shafi'i (may Allah have mercy on him) said: The hadith of Ibn al-Zubayr (may Allah be pleased with him) is muttasil (connected), and he says that Sayyiduna Uthman (may Allah be pleased with him) made her an heir during the iddah; whereas the hadith of al-Zuhri (may Allah have mercy on him) is maqtu' (broken). And he said: In al-Imla' it is (stated) that Sayyiduna Uthman bin Affan (may Allah be pleased with him) made the wife of Sayyiduna Abdur-Rahman bin Awf (may Allah be pleased with him) an heir after the iddah had ended, when Sayyiduna Abdur-Rahman bin Awf (may Allah be pleased with him) had given her three divorces. He said: In my view, it is also the more established of the two hadiths.
Al-Shaykh (al-Bayhaqi) said: And what supports the narration of Ibn Shihab from Talhah and Abu Salamah is the following report.

Ibn Shihab (may Allah have mercy on him) says: I heard Mu'awiyah bin Abdullah bin Ja'far (may Allah have mercy on him) speaking to al-Walid bin Abd al-Malik at his evening meal while we were between Makkah and Madinah. Mu'awiyah (may Allah have mercy on him) said: O Commander of the Believers! Aban bin Uthman (may Allah have mercy on him) married the daughter of Abdullah bin Uthman only to harm the daughter of Abdullah bin Ja'far, when, during his illness after paralysis struck him, she refused to sell him her inheritance from him. Then he did not stop at that, until Aban bin Uthman (may Allah have mercy on him) divorced his wife Umm Kulthum (may Allah be pleased with her), and she became free to remarry (that is, her iddah ended) during the days of his illness. And here is al-Sa'ib bin Yazid (may Allah be pleased with him), alive, who bears witness to the judgement of Sayyiduna Uthman (may Allah be pleased with him) concerning Tumadir bint al-Asbagh (may Allah be pleased with her): that Sayyiduna Uthman (may Allah be pleased with him) made her an heir of Abdur-Rahman bin Awf (may Allah be pleased with him) after her iddah had ended; and that Sayyiduna Uthman (may Allah be pleased with him) also made Umm Hakim bint Qariz (may Allah be pleased with her) an heir of Abdullah bin Mukmil (may Allah be pleased with him) after her iddah had ended. So call him and ask him about his testimony. When he had finished speaking, al-Walid said: I do not think that Sayyiduna Uthman (may Allah be pleased with him) gave this judgement. Mu'awiyah (may Allah have mercy on him) said: If al-Sa'ib (may Allah be pleased with him) does not testify to that, then I am in the wrong; he was present at it and witnessed it.
This chain is muttasil (connected), and the nephew of Ibn Shihab corroborated it from his uncle.

Rabi'ah bin Abi Abdur-Rahman (may Allah have mercy on him) says: The wife of Sayyiduna Abdur-Rahman bin Awf (may Allah be pleased with him) asked him for a divorce. He said: When you menstruate and then become pure, inform me. She had not yet menstruated when Sayyiduna Abdur-Rahman bin Awf (may Allah be pleased with him) fell ill. When she became pure (and informed him), Sayyiduna Abdur-Rahman bin Awf (may Allah be pleased with him) gave her three divorces, or gave a single divorce after which no divorce of hers remained, while Sayyiduna Abdur-Rahman bin Awf (may Allah be pleased with him) was ill; and Sayyiduna Uthman (may Allah be pleased with him) made her an heir even after her iddah had ended.
Imam al-Shafi'i (may Allah have mercy on him) says: If she can inherit after the iddah has ended, then she will inherit as long as she does not marry; if she then marries, she will not inherit from him, (otherwise) she would inherit from two husbands; it is as though by marrying she has given up her right.

Sayyiduna Ubayy bin Ka'b (may Allah be pleased with him) says concerning a man who divorces while he is ill: We would keep making his wife his heir until he recovers or she marries, even if he remains (ill) for a year.
Al-Shafi'i (may Allah have mercy on him) said: Others said: She inherits from him as long as the iddah has not ended; and they narrated it from Sayyiduna Umar bin al-Khattab (may Allah be pleased with him) with a chain the like of which is not established among the people of hadith.

Ibrahim narrates from Sayyiduna Umar bin al-Khattab (may Allah be pleased with him) concerning a man who divorced his wife while he was ill: the woman will inherit from the man during the iddah, but the man will not inherit from the woman.
This is munqati' (broken); Mughirah did not hear it from Ibrahim, he only said: Ubaydah mentioned from Ibrahim from Umar; and Ubaydah al-Dabbi is da'if (weak). Moreover, in the narration of Yahya al-Qattan from him, Ubaydah did not trace it back to Umar; he only mentioned it from Ibrahim, and from al-Sha'bi from Shurayh, without Umar (may Allah be pleased with him) in it.

Al-Rabi' says that Imam al-Shafi'i (may Allah have mercy on him) sought Allah's guidance (istikharah) and then said: The irrevocably divorced woman will not inherit.
(b) It is the view of Ibn al-Zubayr (may Allah be pleased with him); and Abdur-Rahman bin Awf (may Allah be pleased with him) divorced his wife on the basis that she would not inherit from him, In sha' Allah.
(39) Chapter: Doubt in divorce, and the one who says that she does not become unlawful except by certainty of unlawfulness

Abdullah bin Zayd (may Allah be pleased with him) says that a complaint was made to the Prophet (peace and blessings be upon him) about a man who imagines that he has felt something during prayer. He (peace and blessings be upon him) said: "He should not leave the prayer until he hears a sound or perceives a smell."

Abu Ubayd (may Allah have mercy on him) says concerning the hadith of Ibn Abbas (may Allah be pleased with them both), about a man who had four wives and divorced one of them, not knowing which one he had divorced, that he said: 'Yanaluhunna min al-talaq ma yanaluhunna min al-mirath' (Of divorce, they get what they get of inheritance). That is, if the man dies having divorced one wife without it being known which one she was, the inheritance will go to all of them until the divorced wife is identified; or else he will separate from all of them if the divorce was three.