Source: Fatāwā Amunpuri by Shaykh Ghulam Mustafa Zaheer Amunpuri
If a man gives one or two revocable divorces (ṭalāq rajʿī) and the wife is in her ʿiddah (waiting period), but the husband dies during that period — will the wife inherit from him?
Yes, the wife will inherit from the deceased husband.
Similarly, if the wife dies during the ʿiddah period, the husband will inherit from her.
This ruling is based on scholarly consensus (ijmāʿ).
❀ Ibn Abī Malīkah رحمه الله said:
“I asked ʿAbdullāh ibn al-Zubayr about a man who gave his wife an irrevocable divorce (ṭalāq bā'in) while he was in his death illness. He replied: ‘As for ʿUthmān رضي الله عنه, he ruled that she inherits. But I do not consider her an heir, because he had given her an irrevocable divorce.’”
[al-Sunan al-Kubrā by al-Bayhaqī: 7/362 – Chain is authentic]
❀ Imām Ibn Ḥazm رحمه الله (d. 456 AH) said:
“A revocable divorce (ṭalāq rajʿī) is one in which the husband has the choice during the ʿiddah: either to leave her until her waiting period ends, after which she becomes free to marry, and then he may remarry her only with her consent, the permission of her guardian, and a new mahr (bridal gift); or, he may take her back during the ʿiddah by merely declaring the revocation in front of witnesses. In this case, she becomes his wife again, whether she likes it or not — without the need for a new mahr or guardian’s consent, only witnesses are required.”
“If either spouse dies before the end of the ʿiddah or before the revocation is made, the surviving spouse will inherit. There is no difference of opinion among the scholars on this matter.”
[al-Muḥallā bil-Āthār: 9/484]
❀ Shaykh al-Islām Ibn Taymiyyah رحمه الله also mentioned this scholarly consensus:
[Majmūʿ al-Fatāwā: 9/33]
✔ If the husband dies during the ʿiddah of a revocable divorce, the wife does inherit from him.
✔ Likewise, if the wife dies during this ʿiddah, the husband inherits from her.
✔ This ruling is agreed upon by all major scholars and jurists of Islam.
❖ Question:
If a man gives one or two revocable divorces (ṭalāq rajʿī) and the wife is in her ʿiddah (waiting period), but the husband dies during that period — will the wife inherit from him?
✿ Answer:
Yes, the wife will inherit from the deceased husband.
Similarly, if the wife dies during the ʿiddah period, the husband will inherit from her.
This ruling is based on scholarly consensus (ijmāʿ).
◈ Statements of the Scholars and Evidence
❀ Ibn Abī Malīkah رحمه الله said:
“I asked ʿAbdullāh ibn al-Zubayr about a man who gave his wife an irrevocable divorce (ṭalāq bā'in) while he was in his death illness. He replied: ‘As for ʿUthmān رضي الله عنه, he ruled that she inherits. But I do not consider her an heir, because he had given her an irrevocable divorce.’”
[al-Sunan al-Kubrā by al-Bayhaqī: 7/362 – Chain is authentic]❀ Imām Ibn Ḥazm رحمه الله (d. 456 AH) said:
“A revocable divorce (ṭalāq rajʿī) is one in which the husband has the choice during the ʿiddah: either to leave her until her waiting period ends, after which she becomes free to marry, and then he may remarry her only with her consent, the permission of her guardian, and a new mahr (bridal gift); or, he may take her back during the ʿiddah by merely declaring the revocation in front of witnesses. In this case, she becomes his wife again, whether she likes it or not — without the need for a new mahr or guardian’s consent, only witnesses are required.”
“If either spouse dies before the end of the ʿiddah or before the revocation is made, the surviving spouse will inherit. There is no difference of opinion among the scholars on this matter.”
[al-Muḥallā bil-Āthār: 9/484]❀ Shaykh al-Islām Ibn Taymiyyah رحمه الله also mentioned this scholarly consensus:
[Majmūʿ al-Fatāwā: 9/33]
Conclusion
✔ If the husband dies during the ʿiddah of a revocable divorce, the wife does inherit from him.
✔ Likewise, if the wife dies during this ʿiddah, the husband inherits from her.
✔ This ruling is agreed upon by all major scholars and jurists of Islam.
