death, 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.

Section: If he divorces his wife three times during his illness before consummation, Abu Bakr said: There are four narrations regarding her. One of them is that she is entitled to the full dowry and inheritance, and she must observe the waiting period. Abu Bakr chose this, and it is the opinion of al-Hasan, 'Ata', and Abu 'Ubayd, because inheritance is established for the woman whose marriage was consummated due to his evasion of it, and this man is an evader. If inheritance is established, the obligation [of the waiting period and] the completion of the dowry are established. It is appropriate that the waiting period be the waiting period of death, because we have placed her in the ruling of one whose husband has died while she was a wife, and because divorce does not impose a waiting period on a woman whose marriage was not consummated. The second is that she is entitled to inheritance and the dowry, and there is no waiting period upon her. This is the opinion of 'Ata', because the waiting period is a right upon her, so it cannot become obligatory through his evasion. The third is that she is entitled to inheritance and half the dowry, and she must observe the waiting period. This is the opinion of Malik, in a narration by Abu 'Ubayd from him, because whoever inherits must observe a waiting period, but the dowry is not completed, because Allah Almighty specified the halving of it by divorce before physical intimacy, and it is not permissible to oppose this. The fourth is that she is entitled to neither inheritance nor a waiting period, and she is entitled to half the dowry. This is the opinion of Jabir ibn Zayd, al-Nakha'i, Abu Hanifah, al-Shafi'i, and the majority of scholars. Ahmad said: Jabir ibn Zayd said: She has no inheritance and no waiting period. Al-Hasan said: She inherits. Ahmad said: I follow the opinion of Jabir; and that is because Allah Almighty specified the halving of the dowry and negated the waiting period for the woman divorced before consummation by His saying: "But if you divorce them before you have touched them and you have already specified for them a dowry, then [give them] half of what you specified" (Qur'an 2:237). And He said: "O you who have believed, when you marry believing women and then divorce them before you have touched them, then there is not for you any waiting period to count against them" (Qur'an 33:49). It is not permissible to oppose the text of the Book with personal opinion and arbitrary judgment. As for the inheritance, she is neither a wife nor