There is a man who divorced his wife irrevocably and he died during
her 'iddah. What is her 'iddah? Does she inherit from him?.
Praise be to Allaah.
If a man divorced his wife irrevocably when he was healthy, then he
died during her 'iddah, she should complete the 'iddah of divorce, not
the 'iddah of one whose husband has died. She does not inherit from
him and she should not observe mourning for him.
For more details of that, please see the answer to question no. 111905
. See also al-Mawsoo'ah al-Fiqhiyyah, 29/325
Shaykh Ibn 'Uthaymeen (may Allah have mercy onhim) was asked: If the
husband dies, having divorced his wife irrevocably, during the time of
the 'iddah, should she observe mourning for him?
He replied: The correct view is that she should observe the 'iddah of
her divorce, not the 'iddah of one whose husband has died, and she
should not observe mourning for him.
If the divorce occurred during his final illness but he died, then she
inherits from him, but she should not observe mourning for him,
because her inheritance in this case is not because she was his wife,
but because he wanted to deprive her of it, so he is to be punished by
having his plan thwarted. Hence if she died during the 'iddah, he does
not inherit from her.
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