Medina. It is also mentioned on the authority of Ubayy ibn Ka'b, as narrated by Abu Salamah ibn Abd al-Rahman, that his father divorced his mother while he was ill and subsequently died, and she inherited from him after the expiration of the waiting period. Furthermore, the reason for granting her inheritance is his act of evasion (firar) to prevent her from her inheritance, and this rationale does not cease with the expiration of the waiting period. It is also narrated from Ahmad what indicates that she does not inherit after the waiting period, for he said, in a narration by al-Athram: "It would follow for those who say he may marry four women before the expiration of the waiting period of his divorced wives that if he were to divorce four women during his illness, then marry four more, and then die from that same illness, all eight would inherit from him, resulting in a Muslim who is inherited by eight women." This [constitutes a refutation of an opinion] which necessitates the inheritance of eight women, and granting her inheritance after the waiting period entails the same outcome. Furthermore, he said regarding a woman divorced before consummation: "She does not inherit, because she has no waiting period." This woman is in the same position and thus does not inherit. This is the opinion of Urwah, Abu Hanifah and his companions, and the old opinion of al-Shafi'i; because she becomes lawful for another husband, she does not inherit from him, just as if he were in health. Also, because granting her inheritance after the waiting period leads to the inheritance of more than four women, which is not permissible, as if she had remarried. If a definitively divorced woman (mabtuta) remarries, she does not inherit from him, regardless of whether she is currently in a marital relationship or has been separated from the second husband. This is the opinion of the majority of scholars. Malik, among the people of Medina, said: "She inherits from him," based on the reasoning we mentioned for the first narration, and because she is a person who inherits while the marital bond is absent, so she inherits alongside that, like all other heirs. Our argument is that she is an heir through a husband, so she cannot inherit from another husband, like all other wives; also, that inheritance is a legal consequence of the marriage contract, so it cannot coexist with another marriage contract, like the waiting period; and because she acted by her own choice in a manner that contradicts the first marriage, which is similar to the case where the dissolution of the marriage was on her part.

Section: If he recovers from that illness and then dies afterwards, she does not inherit from him, according to the opinion of the majority. It is narrated from al-Nakha'i, al-Sha'bi, al-Thawri, and Zufar that she does inherit from him, because it is a divorce during illness intended for the evasion of inheritance, so it does not prevent it, as if he had not recovered. Our argument is that she is a woman separated by divorce during a state other than terminal illness, so she does not inherit from him, like a woman divorced during health; and because the ruling of this illness is the same as the ruling of health regarding gifts, manumission, and acknowledgments, it is likewise in divorce. What they mentioned is invalidated by the case where he intends evasion through divorce while in good health.