She does inherit, because he is suspected of intending to deprive her of her inheritance. During the waiting period, she observes whichever is longer: the waiting period for death or that for divorce. The waiting period for death begins from the time of his death, whereas the waiting period for divorce is merely completed. But which of the two is longer? We cannot say that it is necessarily the waiting period for death, for she may menstruate only once in two months. A woman once asked me, saying that her menstruation stops for four months, yet when it comes, it lasts an entire month—glory be to Allah—one of the remarkable things, as though it all accumulates in a single month.

An example of this is a man who divorces his wife during the terminal illness from which death is feared, suspecting that he intended to deprive her of her inheritance. He then dies during her waiting period. Let us suppose that she has already menstruated twice. We say: she observes whichever is longer, the waiting period for death or that for divorce. If the waiting period for death is longer, she observes it; and if the waiting period for divorce is longer, she observes it. This is because she is both a wife and not a wife: insofar as she inherits, she is a wife; yet insofar as the divorce is not revocable and the marital bond between her and her husband has been severed, she is not a wife. Therefore, we adopt the more cautious course and say that she must observe the longer period. If she is a wife, she observes only the waiting period for death; and if she is not a wife, she completes only the waiting period for divorce. Since she bears an aspect of both, we say that she cannot be certain that her waiting period has ended until she observes the longer of the two, because that is the more cautious course.

Another example: a man divorces his wife during a terminal illness from which death is feared, suspecting that he intended to deprive her of her inheritance. After she has menstruated twice, he dies. We say: we consider which of the two periods is longer. If she says that she menstruates once a month, then, in terms of menstruation, one month remains for her; whereas in terms of death, four months and ten days remain. We say: then begin the waiting period anew—four months and ten days—and observe mourning throughout it. But if she says that she is nursing and that two years remain before menstruation returns, because