Does a woman who was divorced, inherit from the estate of her recently deceased husband?

Question

My husband passed away one week after he had issued me with a divorce. He was healthy and fit when he issued me with the divorce. Am I entitled to inherit from his estate?

Mufti Ismaeel Bassa · Accepted Answer

In the case of a husband issuing divorce to his wife whilst being in a healthy state prior to his death, the following applies:

1) If a husband issues a revocable divorce (Talaaq-e-Rajee’) and the husband thereafter passes away during the waiting period (Iddah), the wife is entitled to inherit the wife’s share from the husband’s estate. If the husband passes away after the Iddah period elapses, the wife is not entitled to inherit from the husband’s estate.

2) If a husband issues an irrevocable divorce (Talaaq-e-Baain) or if a husband had issued three Talaaqs to his wife in total and the husband passes away, irrespective of wether the waiting period of the wife terminates or not, the wife is not entitled to inherit from the husband’s estate. (Badaai-us-Sanaai’ 3/218)

And Allah Ta’ala Knows Best

Question

Answer