and the arrival of tomorrow, and her performing the obligatory prayer, she becomes irrevocably divorced and does not inherit, because the oath was made during health. The judge mentioned another report that she does inherit, which is the opinion of Malik, because the divorce occurred during the illness. The first view is more correct. If he suspended it upon his own action, and he performed it during the illness, she inherits from him, because he caused the divorce to occur to her during the illness, so it is similar to what would be the case if the suspension were during the illness. If he said during health: "You are divorced if I do not beat my servant," and he did not beat him until he died, she inherits from him. If she died, he does not inherit from her. If the servant and the husband died while the husband was ill, she is divorced, and it is also like his suspension upon the arrival of Zayd. Likewise (66) if he said: "If I do not pay your dowry, you are divorced." If the husband claimed that he had paid her dowry and she denied it, the husband is believed regarding her inheritance from him, because the default principle is the continuation of the marriage, and she is not believed regarding his release from it, because the default principle is its remaining as a liability upon him. If he said to her during health: "You are divorced if I do not marry another woman over you," it is the same. Ahmad asserted this, and it is the opinion of al-Hasan. If the ill person accused his wife of adultery, then performed li'an (imprecation) with her during his illness, she became irrevocably divorced from him, and then he died during his illness, she inherits from him. If she died, he does not inherit from her. If he accused her during his health, performed li'an with her during his illness, and died during it, she does not inherit from him. Ahmad asserted this, and it is the opinion of al-Shafi'i and al-Lu'lu'i. The judge mentioned another report that she does inherit, which is the opinion of Abu Yusuf. If he performed ila' (oath of continence) with her during his illness, then recovered, then relapsed into his illness, and she became irrevocably divorced by the ila', she does not inherit from him.

Section: If the son forces his father's wife into that which causes the dissolution of her marriage, such as intercourse or other things, during his father's illness, and his father dies from that illness, she inherits from him, and he does not inherit from her if she dies. This is the opinion of Abu Hanifah and his companions. If she complied with him in that, she does not inherit, because she is a participant in that which causes the dissolution of her marriage, so it is similar to if she had entered into a khul' (divorce for compensation) with him. This is the case regardless of whether the deceased had sons other than this son or not. When the suspicion regarding him is negated, by him not being an heir—such as being a non-Muslim, a murderer, or a slave—or if he was a son through suckling, or a grandson who is excluded by a son of the deceased, or by parents, or by two sons, or if the deceased had another wife who possesses the inheritance of the wives, she does not inherit, because the suspicion is negated. If the grandson became an heir after that, she does not inherit, because the suspicion was negated at the time of the intercourse. If he was an heir at the time of the intercourse, then returned to being excluded from the inheritance, she would have inherited, because the suspicion existed at the time of the intercourse. If the sick person had two wives,