the inheritance of the other, so she is similar to the man. If she is manumitted (71) and chooses herself, or if the husband is impotent and is granted a year’s respite, but he does not have intercourse with her until she becomes ill at the end of the year, and she chooses to separate from him, and they are separated, they do not inherit from one another according to all their opinions. Ibn al-Labban mentioned this in his book. The Judge [al-Qadi] mentioned regarding the manumitted woman that if she chooses herself during her illness, he does not inherit from her; this is because the dissolution of the marriage in these two cases is for the purpose of repelling harm, not for the sake of fleeing from inheritance. If she kisses her husband’s son out of desire, two opinions have been derived regarding it; one is that her marriage is dissolved and he inherits from her if she was ill and died during her waiting period ('idda). This is the opinion of Abu Hanifah and his companions. The second is that the marriage is not dissolved by it. This is the opinion of al-Shafi'i. If a man gave his brother's daughter in marriage while she was young, then she reached puberty and dissolved the marriage during her illness, the husband does not inherit from her by any consensus that we know of; because the marriage is, from its inception, invalid according to the correct view in the school, and this is the opinion of al-Shafi'i, may Allah be pleased with him. It is narrated from Ahmad what indicates its validity, and that she has the choice. This is the school of Abu Hanifah and his companions, except that the dissolution is to remove harm, not for the sake of fleeing [from inheritance], so he does not inherit from her, just as if the manumitted woman dissolved her marriage. And Allah knows best.

Section: If the sick person divorces his wife, then marries another, and dies from his illness during the waiting period of the divorced woman, they both inherit from him. This is the opinion of Abu Hanifah and the people of Iraq, and one of the two opinions of al-Shafi'i, may Allah be pleased with him. The other opinion is that the woman who is irrevocably divorced does not inherit, so the entire inheritance goes to the second [wife]. Malik said: The entire inheritance is for the divorced woman, because the marriage of a sick person, in his view, is invalid. Some of our companions posited an opinion regarding this, that the entire inheritance is for the divorced woman, because she inherits from him what she would have inherited before her divorce, which is the entire inheritance, and so it is after it. This is not correct, for she only inherits what she would have inherited if he had not divorced her; and if he had not divorced her and married another [woman] over her, she would not have inherited except half of the wives' share of the inheritance, and likewise if he divorced her. Based on this, if he married three [women] during his illness, the divorced woman would have nothing but a quarter of the wives' share of the inheritance, and each of the wives would have a quarter of it. If he died after the expiration of the waiting period of the divorced woman, the inheritance...