Divorce and Marriage during one’s Illness

“I once asked abu ‘ Abd Allah (a.s.), about the case of a man who is ill; if he can divorce his wife in such condition. He (the Imam) said, ‘No, he cannot divorce, however, he can marry if he wants and if he goes to bed with her, she inherits his legacy but if he did not go to bed with her his marriage is invalid.’”

“About the case of a man who divorces his wife once during his illness and waits until her waiting period ends she inherits him as long as she does not marry; but if she marries after her waiting period she then does not inherit his legacy.’”

“About the case of a man who divorces his wife during his illness, abu ‘Abd Allah (a.s.), has said, ‘If he dies from his illness and she has not married, she inherits his legacy. If she has married then she has agreed with what she has done, thus, she does have the right to inherit.’”

“Abu ‘Abd Allah (a.s.), has said, ‘One’s divorcing during his illness is not permissible, however, his marriage is permissible.’”

“I once asked abu ‘Abd Allah (a.s.), about the case of a man who divorces his wife during his illness and one year passes. He (the Imam) said, ‘She inherits if it is during his illness in which he divorced her, but not in between (she does not inherit if divorce takes place between two illnesses).”’

“I once asked abu ‘Abd Allah (a.s.), about the case of a man who divorces his wife once when he is ill and he had divorced her twice before. He (the Imam) said, ‘She inherits his legacy if it was during his illness.’ I then asked, ‘What is the limit of illness?’ He (the Imam) said, ‘The illness which continues until he dies even if it prolongs for one year.’”

“Abu ‘Abd Allah (a.s.), has said, ‘If a man divorces his wife during his illness she inherits his legacy as long as it is in his illness even if her waiting period ends unless he gets well from that illness.’ I then asked, ‘What happens if the illness prolongs?’ He (the Imam) said, ‘It is up to one year.’”

“Abu ‘Abd Allah (a.s.), has said, ‘One cannot divorce his wife in his illness but his marriage is permissible.’”

“I once asked abu ‘Abd Allah (a.s.), about the case of a man who divorces his wife when he is ill. He (the Imam) said that she inherits his legacy. She inherits him as long as she is in her waiting period. If he has divorced her in a condition that harms her, she inherits him up to one year; and if it is more than one year even by one day, then she does not inherit and she counts a waiting period for four months and ten days like the waiting period for a widow.’”

“About the case of a man who divorces his wife twice when he is not ill and the third divorce is in his illness, abu ‘Abd Allah (a.s.), has said, ‘She inherits him as long as he is ill even if it prolongs for one year.’”

“Once abu ‘Abd Allah (a.s.), was asked about the case of a man who is about to die, and he divorces his wife; if such divorce is permissible. He (the Imam) said, ‘Yes, it is permissible and if he dies she inherits his legacy but if she dies he does not inherit her legacy.’”

“One of the two Imam, (abu Ja‘far or abu ‘Abd Allah), ‘Alayhim al-Salam, has said, ‘A man in his illness must not divorce his wife; but he can marry a woman. If he marries and goes to bed with her, it is permissible; and if he did not go to bed with her until he dies from that illness, his marriage is invalid and she does not have mahr (dower) or inheritance.’”