Question # 493: Background: Husband and wife with 5 children. 4 Girls and 2 Boys. All adults 35 years and older. At late age of around 65, there is an argument between Husband and Wife, Husband gives ONE TALLAQ to her. After that they never speak or ever got together. Husband stayed totally isolate from the wife. Few years later, Husband passed away and leave a property which is mainly family house where they lived and are living for almost 35 years. Later one of the daughter’s husband passed away and leave a young widow with three small children. House is occupied by the two boys and their family. Other three daughters live overseas. Question: brothers want to sell the house and distribute the shares to all as per Islamic law. Does the wife also get her share, even though she was given one talaq and they were fully separated? What does the sharia says in this regard?

bismi-llahi r-raḥmani r-raḥīm,

Assalamu ‘laikum warahmatullahi wabarakatuh,

All praise and thanks are due to Allah (سبحانه و تعالى), and peace and blessings be upon His Messenger (صلى الله عليه و سلم).

Dear questioner,

First of all, we implore Allah (سبحانه و تعالى) to help us serve His cause and render our work for His sake.

Shorter Answer: First of all, the wealth of the deceased should immediately pass on to the inheritors and it is disliked (makrooh) to delay or postpone the distribution of wealth among the legal heirs. Next, presumably, in this given scenario, the wife completed her ‘iddah period after the first divorce, and therefore, this is a case of irrevocable divorce in which case the wife is not entitled to inherit from him.

Long Answer: The wealth of the deceased should immediately pass on to the inheritors and it is disliked (makrooh) to delay or postpone the distribution of wealth among the legal heirs. Also please refer to Question # 316: Delayed Distribution of Inheritance.

Furthermore, a Revocable divorce (Talaq-Raj’i) is that in which the husband has the right to take the wife back, without a new marriage contract, dowry, or consent of the wife. The divorce in which the husband has the right to take the wife back is the first or second divorce before the ‘iddah ends. But if the ‘iddah of a first or second divorce ends, it becomes irrevocable in a minor sense, and she cannot go back to her husband unless she agrees and there is a new marriage contract and a new dowry.

Presumably, in this given scenario, the wife completed her ‘iddah period after the first divorce, and therefore, this is a case of irrevocable divorce (Talaq Al-Ba’in) in which case the wife is not entitled to inherit from him.

(The above answer has been verified and approved by Shaykh Ibrahim Zidan)

Allahu A’lam (Allah (سبحانه و تعالى) knows best) and all Perfections belong to Allah, and all mistakes belong to me alone. May Allah (سبحانه و تعالى) forgive me, Ameen.

Wassalaam