divorced women: “Their husbands have the better right to take them back during this period, provided they desire reconciliation.” [al-Baqarah 2:228] The point of evidence in the verse is that Allah, Most High, calls the one who divorced her her ba‘l—that is, her husband. When this verse is considered together with His saying, “and leave behind wives” [al-Baqarah 2:234], the revocably divorced woman is deemed a wife left behind upon her husband’s death, and she must therefore observe the waiting period for death.

Second: the irrevocably divorced woman who does not inherit. The author says:

“If he dies during the waiting period of one whom he irrevocably divorced while in good health, her waiting period does not change. But one whom he irrevocably divorced during his terminal illness observes whichever is longer: the waiting period for death or for divorce …”

His statement, “If he dies during the waiting period of one whom he irrevocably divorced while in good health, her waiting period does not change,” means that if he dies while an irrevocably divorced woman who does not inherit is still in her waiting period, her waiting period does not change, because she is a non-mahram to him and he has no right to take her back. As mentioned previously, irrevocable divorce may occur in many ways. One is when this divorce is the third and final divorce. Thus, if this divorce is the third of three, and he dies after two menstrual cycles have passed, she does not begin a new waiting period for death; rather, she completes her existing waiting period. This is because she is no longer his wife, and no marital bond remains between her and her former husband. Hence, she may not uncover herself before him during her waiting period. Moreover, according to the stronger view, he may marry a fourth wife, because the woman from whom he has irrevocably separated is no longer counted among his wives. This is why her waiting period does not change.

The same applies to a woman whom he divorces in exchange for compensation: if she has completed two menstrual cycles and he then dies before the third, she completes her waiting period and it ends, because she is not his wife and none of the rulings of marriage remain between her and her former husband.

Third: the irrevocably divorced woman who inherits. The author says:

“One whom he irrevocably divorced during his terminal illness observes whichever is longer: the waiting period for death or for divorce.” If he irrevocably divorces her during a grave illness from which death is feared, suspecting that he intended to deprive her of her inheritance, and then dies while she is still in her waiting period, does she inherit or not?