undergoing a waiting period from a marriage, so she resembles a woman divorced during health. And Allah knows best. If he was in seclusion with her and said: "I have not had intercourse with her," and she believed him, then she is entitled to inheritance, she must observe the waiting period of death, and the dowry is completed for her; because seclusion is sufficient for the establishment of these rulings. This is the opinion of Abu Hanifah and his companions.

Section: If he divorces a woman with whom marriage was consummated with a revocable divorce, then falls ill during her waiting period, and dies after its completion, she does not inherit from him, because it is a divorce during health. If he divorces her once during his health and makes it irrevocable during his illness, then dies after the completion of her waiting period, her ruling is the same as if he had initiated her divorce during his illness, because he was evading her inheritance. If he divorces her once during his health and another during his illness, and he does not make it irrevocable until she becomes irrevocably divorced by the completion of her waiting period, she does not inherit, because the divorce of illness did not sever her inheritance and had no effect on her irrevocability.

Section: If he divorces her three times during his illness, and she apostatizes, then converts to Islam, then he dies during her waiting period, there are two views regarding this. One of them is that she inherits from him; this is the opinion of Malik, because she is a woman divorced during illness, resembling the case had she not apostatized. The second is that she does not inherit from him; this is the opinion of Abu Hanifah and al-Shafi'i, because she performed an act that contradicts the marriage, resembling the case had she married someone else. If he were the one who apostatized, then converted to Islam and died, she would inherit from him, and this is what Abu Hanifah and his companions stated. Al-Shafi'i said: She does not inherit from him. Our view is that she is a woman divorced during illness who did not perform an act that contradicts her marriage, and her husband died during her waiting period, so it resembles the case had she not apostatized. If one of the spouses apostatizes after consummation without divorce, then returns to Islam before the completion of the waiting period, the other inherits from him, because the marriage remains. If the waiting period is completed before the return, the marriage is annulled, and neither inherits from the other. If we say that separation is expedited upon a difference of religion, neither inherits from the other; it is derived that the other might inherit from him if that happens during his death-illness, because irrevocability occurs through it, so it resembles divorce. This is the opinion of Malik. Abu Hanifah and his companions said: If the woman apostatizes, then dies during her waiting period, the husband inherits from her.

Section: If a sick Muslim man divorces his wife—a slave woman or a Dhimmi woman—with an irrevocable divorce, then the Dhimmi woman converts to Islam and the slave woman is emancipated, and then he dies during their waiting period, they do not inherit from him, because he was not an evader at the time of the divorce. And if he says