Usul16

Chapter on the Mutual Inheritance of a Man and a Woman Whom He Marries and Then Divorces During His Illness

4 narrations

Related topics

Chapter on the Legal Punishment for Slanderous Accusation25Chapter on a Man Who Makes a Bequest of Wealth in the Way of Allah2Chapter on the Liability of the Executor for Altering What the Deceased Had Bequeathed3Chapter on Bequests for Relatives and Freed Slaves3Chapter on Appointing a Competent or an Incompetent Person as an Executor of a Bequest2Chapter on the Beneficiary of a Bequest Dying Before the Testator or Before Receiving What Was Bequeathed to Him3Chapter on Bequests for Manumission, Charity, and Hajj15Chapter on Bequests for the Mukatab and Umm Al-Walad3Chapter on a Man Making a Bequest of a Sword, a Chest, or a Ship to Another Man2Chapter on One Who Does Not Make a Bequest While Having Heirs, if His Estate Divided Among Them or Sold for Their Benefit2Chapter on a Man Who Makes a Bequest, but the Executor Forgets it and Only Remembers One Part of it1Chapter on the Legal Punishment for Drinking Alcohol and Reports Regarding Singing and Amusements10
faqih-5656Vol. 4, p. 310-311

إِذَا دَخَلَ بِهَا فَمَاتَ فِي مَرَضِهِ وَرِثَتْهُ وَ إِنْ لَمْ يَدْخُلْ بِهَا لَمْ تَرِثْهُ وَ نِكَاحُهُ بَاطِلٌ‌[1].

I asked Abu Abdullah (as) about a man who married during his illness. Imam (as) said: "If he consummated the marriage with her and then died during his illness, she inherits from him. However, if he did not consummate the marriage with her, she does not inherit from him, and the marriage is invalid."

faqih-5657Vol. 4, p. 311

فَإِنْ طَالَ بِهِ الْمَرَضُ قَالَ تَرِثُهُ مَا بَيْنَهُ وَ بَيْنَ سَنَةٍ[3].

"If a man divorces his wife while he is ill, she inherits from him as long as he remains in that illness, even if her waiting period (iddah) has ended - unless he recovers from his illness." I asked: "What if his illness lasts for a long time?" Imam (as) replied: "She inherits from him for up to one year."

faqih-5659Vol. 4, p. 311-312

هُوَ الْإِضْرَارُ[1] وَ مَعْنَى الْإِضْرَارِ مَنْعُهُ إِيَّاهَا مِيرَاثَهَا مِنْهُ فَأُلْزِمَ الْمِيرَاثَ عُقُوبَةً.

I asked Imam (as): "What is the reason that when a man divorces his wife while he is ill in a state of harm (idrar), she inherits from him, but he does not inherit from her?" He (as) replied: "It is due to the harm. The meaning of harm here is his intention to prevent her from inheriting from him, so he was held accoun

Chapter on the Mutual Inheritance of a Man and a Woman Whom He Marries and Then Divorces During His Illness - Hadith topics — Usul16