Short answer
It depends on the divorce and the timing. If he gave a revocable divorce and died during her iddah, she inherits as his wife. After a final divorce she does not inherit, except in the Hanafi school when he divorced her during his final illness without her asking and died before her iddah ended. After the iddah ends, she does not inherit.
In a revocable (raj'i) divorce the marriage continues during the iddah, so spouses inherit from each other if one dies in it. After an irrevocable (ba'in) or triple divorce they do not, unless the husband gave it in his final illness without her request and died while she was in iddah (talaq al-farr), in which case she inherits. A divorce she asked for, such as khula, does not give her this right.
Other madhhabs
- Maliki
- A wife divorced in the husband's final illness inherits even after her iddah ends and even if she remarries, following Uthman's judgement.
- Hanbali
- She inherits even after the iddah, as long as she has not remarried.
- Shafi'i
- In the relied-upon view, a wife given a final divorce does not inherit, even if it was in his final illness.
Explanation
Divorce raises many inheritance questions, especially when a husband dies soon after it. The answer turns on two things: what kind of divorce it was, and when he died.
Revocable divorce (talaq raj'i). One or two clear talaqs without payment leave the marriage in place during the iddah; the husband could take her back. So if either dies before the iddah ends, the other inherits. This applies even if they were living apart.
Final divorce (ba'in or three talaqs). The marriage ends at once, so neither inherits from the other. There is one Hanafi exception: if the husband, while in the illness he died of, gave her a final divorce without her asking for it, and he died before her iddah ended, she still inherits. The scholars see this as stopping a husband from using divorce to cut his wife out. Uthman judged that the wife of Abd al-Rahman ibn Awf, divorced this way, should inherit. In that case she inherited after her iddah had ended, and the Maliki and Hanbali schools follow this; the Hanafi school limits her right to the time of the iddah.
After the iddah. In the Hanafi school, once her iddah is over she is a stranger to him for inheritance in every case. She may still be owed debts, such as unpaid deferred mahr, which come from the estate before the shares.
- Khula or a divorce she requested: no inheritance after it, even in illness.
- A divorce never completed (only spoken of): she is still his wife.
- Civil divorce papers without a talaq: ask a mufti, as the Islamic status may differ.
Because the type of talaq decides everything, bring the details to a mufti. See also who inherits and the divorce process.
Ask a mufti about your own case. This answer explains the general ruling. When the details of your situation matter, as they do here, ask a qualified mufti and give them the full facts. Where to ask a scholar.
The evidence
Quran, Surah Al-Baqara 2:228
وَٱلْمُطَلَّقَٰتُ يَتَرَبَّصْنَ بِأَنفُسِهِنَّ ثَلَٰثَةَ قُرُوٓءٍۢ ۚ وَلَا يَحِلُّ لَهُنَّ أَن يَكْتُمْنَ مَا خَلَقَ ٱللَّهُ فِىٓ أَرْحَامِهِنَّ إِن كُنَّ يُؤْمِنَّ بِٱللَّهِ وَٱلْيَوْمِ ٱلْءَاخِرِ ۚ وَبُعُولَتُهُنَّ أَحَقُّ بِرَدِّهِنَّ فِى ذَٰلِكَ إِنْ أَرَادُوٓا۟ إِصْلَٰحًۭا ۚ وَلَهُنَّ مِثْلُ ٱلَّذِى عَلَيْهِنَّ بِٱلْمَعْرُوفِ ۚ وَلِلرِّجَالِ عَلَيْهِنَّ دَرَجَةٌۭ ۗ وَٱللَّهُ عَزِيزٌ حَكِيمٌ ﴿٢٢٨﴾
Divorced women remain in waiting for three periods, and it is not lawful for them to conceal what Allah has created in their wombs if they believe in Allah and the Last Day. And their husbands have more right to take them back in this [period] if they want reconciliation. And due to the wives is similar to what is expected of them, according to what is reasonable. But the men have a degree over them [in responsibility and authority]. And Allah is Exalted in Might and Wise.
During a revocable divorce the marriage bond still stands.
Muwatta Malik 1195
Graded in the Muwatta... طلق امرأته البتة وهو مريض فورثها عثمان بن عفان منه ...
"Abd al-Rahman ibn Awf divorced his wife irrevocably while he was ill, and Uthman ibn Affan made her inherit from him after her iddah had ended."
The Companions' judgement that a divorce in the final illness does not cut off the wife. The Maliki and Hanbali schools follow it even after the iddah; the Hanafis limit her right to the iddah.
Where the ruling is recorded
- al-Hidaya, Kitab al-Talaq, Bab Talaq al-Marid. The divorce of the sick man and when the wife inherits.
- Radd al-Muhtar (Ibn Abidin), Kitab al-Talaq, Bab Talaq al-Marid. Conditions of talaq al-farr; no right if she asked for it.
- al-Mughni (Ibn Qudama), Kitab al-Fara'id, the wife divorced in the final illness. The Hanbali view that she inherits until she remarries.
Checked by our team. For a more accurate answer to your own situation, consult a scholar. Quran translation by Sahih International. Hadith Arabic from the standard editions of the six books and the Muwatta, with gradings as recorded there; the English is our own rendering. Spotted a mistake? Tell us.