He replied:

Praise be to Allah, Lord of all worlds. This question rests on the ruling concerning a man who divorces his wife during his final illness after consummating the marriage. The majority of earlier and later scholars hold that she inherits from him. This accords with the ruling of ʿUthmān ibn ʿAffān—may Allah be pleased with him—in favour of Tamādur bint al-Asbagh, the wife of ʿAbd al-Rahmān ibn ʿAwf, who had divorced her during his illness. This is the position of Mālik, Ahmad, Abū Hanīfah, and al-Shāfiʿī in his earlier opinion.

On this basis, does she inherit after her waiting period has ended? And does a woman divorced before consummation also inherit? Scholars hold two opinions. The sounder opinion is that she inherits in these circumstances as well. This is the position of Mālik, the well-known position reported from Ahmad, and one opinion of al-Shāfiʿī. It is reported that ʿUthmān awarded her an inheritance after her waiting period had ended. Furthermore, she inherits because her entitlement to the estate became established when her husband entered his final illness. His freedom to dispose of his property then became restricted in order to protect her rights and those of the other heirs: he could make no gratuitous transfer to an heir, nor give more than one-third to a non-heir, just as he could not do so through dispositions taking effect after death.

Since, in relation to the heirs, his dispositions during his final illness are treated like those taking effect after his death—and he has no power to deprive her of her inheritance after death—he likewise has no such power once his final illness has begun. This is the case commonly known among scholars as “divorce intended to deprive a wife of her inheritance.” The view just stated is the correct one, on which the fatwa was based.

He—may Allah have mercy on him—was asked:

A man married off his daughter and recorded the dower as payable by her husband. The husband subsequently fell ill. When his illness became severe, three days before his death, he divorced his wife to prevent her from inheriting. Does this divorce take effect, and what is she entitled to receive from his estate?