Divorce issued by the Sick


Bahishti Zewar, Fiqh, Part 4-Nikah (Marriage) in Islam / Sunday, July 25th, 2010

1. While a person was sick, he divorced his wife. Prior to the expiry of her ‘iddah, he passed away. This wife of his is entitled to receive her share of inheritance from the wealth of her husband. This is irrespective of whether he issued one divorce, two or three divorces. And irrespective of whether he issued talâqur raj’î or talâqul bâ’in – she is still entitled to receive her share of the inheritance. If the husband dies after the completion of her ‘iddah, she will not receive any inheritance. Similarly, if the husband does not die from this illness, but recovers and then falls ill again, even then she will not receive any inheritance. This is irrespective of whether she had completed her ‘iddah or not.

2. The woman asked for a divorce and the husband complied to her request. Even then, the woman is not entitled to receive any inheritance irrespective of whether the husband dies within her ‘iddah or after it. However, if he issues a talâqur raj’î and passes away within her ‘iddah, she will be entitled to receive her share of the inheritance.

3. During his illness, the man said to his wife: “If you go outside, you are divorced a talâqul bâ’in.” Thereafter the woman went outside and talâqul bâ’in took place. In such a case she will not receive any share of the inheritance because she is the one who caused this talâqul bâ’in to take place.
The husband (while ill) says: “If you eat any food, you are divorced a talâqul bâ’in” or “If you offer your salât, you are divorced a talâqul bâ’in.” In such a case, if the husband passes away within her ‘iddah, she will receive her share of inheritance. This is because this divorce did not take place through her choice. Eating food and offering salât are necessary obligations, how can she leave them out?

If the husband issues a talâqur raj’î and he passes away within her ‘iddah, she will receive her share even in the first example. In short, if she receives a talâqur raj’î, she will receive her share in all circumstances as long as the husband passes away within her ‘iddah.

4. A normal, healthy person said to his wife: “When you go out of the house, you are divorced a talâqul bâ’in.” She did not leave the house immediately, but went outside when he fell ill. Due to this sickness, he passed away within her ‘iddah. Even then, she will not receive any share of the inheritance.

5. A normal, healthy person said to his wife: “When your father comes from overseas, you are divorced a talâqul bâ’in.” At the time when her father arrived, her husband was ill and passed away in that very illness. She will not receive any share of the inheritance. But if he said the same thing while he was sick, and passed away within her ‘iddah, she is entitled to receive her share of the inheritance.

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