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(Book 29, Hadith 44) #36260
Inheritance Rights of Divorced Women

SUMMARY: A terminally ill man who divorces his wife three times is obligated to give her a dowry and she will inherit from him.

Yahya related to me from Malik that he had heard Ibn Shihab say, "When a man who is terminally ill divorces his wife three times, she inherits from him". Malik said, "If he divorces her while he is terminally ill before he has consummated the marriage, she has half of the bride-price and inherits, and she does not have to do an idda. If he consummated the marriage, she has all the dowry and inherits. The virgin and the previously married woman are the same in this situation according to us".
وَحَدَّثَنِي عَنْ مَالِكٍ، أَنَّهُ سَمِعَ ابْنَ شِهَابٍ، يَقُولُ إِذَا طَلَّقَ الرَّجُلُ امْرَأَتَهُ ثَلاَثًا وَهُوَ مَرِيضٌ فَإِنَّهَا تَرِثُهُ ‏.‏ قَالَ مَالِكٌ وَإِنْ طَلَّقَهَا وَهُوَ مَرِيضٌ قَبْلَ أَنْ يَدْخُلَ بِهَا فَلَهَا نِصْفُ الصَّدَاقِ وَلَهَا الْمِيرَاثُ وَلاَ عِدَّةَ عَلَيْهَا وَإِنْ دَخَلَ بِهَا ثُمَّ طَلَّقَهَا فَلَهَا الْمَهْرُ كُلُّهُ وَالْمِيرَاثُ الْبِكْرُ وَالثَّيِّبُ فِي هَذَا عِنْدَنَا سَوَاءٌ

TOPICS
ill  *  divorce  *  dowry  *  inheritance  *  maridh  *  talaq  *  mahr  *  mirath

QUICK LESSONS:
Respect your wife's rights by providing them with financial support after divorce even in difficult situations such as terminal illness.

EXPLANATIONS:
This hadith discusses the rights of divorced women in regards to inheritance. According to this hadith, if a man who is terminally ill divorces his wife three times, she has the right to receive a dowry and also inherit from him. The amount of the dowry depends on whether or not the marriage was consummated; if it was not consummated then she receives half of the bride-price and if it was consummated then she receives all of the bride-price. This applies equally for both virgins and previously married women according to Malik's opinion. This hadith teaches us that even in difficult situations such as terminal illness, men must still respect their wives' rights by providing them with financial support after divorce.

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