Chapter on the Divorce by a Sick Person

I asked Abu Abdullah (as) about a man who divorced his wife while he was ill. Imam (as) said: "She inherits from him during his illness for up to a year if he dies from that illness. She observes the waiting period ('iddah) from the day he divorced her, following the waiting period of a divorced woman. After her waiting period ends, she may remarry. However, she will inherit from him within the span of a year if he dies from that illness. If he dies after a year has passed, then she has no right to inheritance."

I asked Abu Abdullah (as) about a sick man who divorces his wife in that state (of illness). Imam (as) said: "No, but he may marry if he wishes. If he consummates the marriage, she will inherit from him. However, if he does not consummate the marriage, then his marriage is invalid."

"If a man divorces his wife with one divorce during his illness and remains in his illness until her waiting period ends, and then he dies from that illness after the completion of her waiting period, she will inherit from him as long as she has not remarried. However, if she marries after the completion of her waiting period, then she does not inherit from him."

Hadith.4878 - In a narration from Samaʿah, he said: I asked him about a man who divorced his wife, and then he died before her waiting period had ended. Imam (as) said: "She must observe the waiting period of a woman whose husband has passed away, and she is entitled to inherit from him."

"Regarding a man who divorced his wife twice while in good health and then pronounced the third divorce while he was ill, she is entitled to inherit from him as long as he remains in his illness, even if it extends up to a year."

"A sick man does not have the right to divorce his wife, but he is permitted to marry."

Hadith.4881 - In a narration from Zurah through Samaah, it is reported that he asked about a man who divorced his wife while he was ill. Imam (as) replied: "She inherits from him as long as she is in her waiting period (iddah). However, if he divorced her with the intention of causing harm, she will inherit from him for up to one year. But if her waiting period extends even one day beyond that year, she will not inherit from him."

Hadith.4882 - In a narration from Hammad through Al-Halabi, it is reported that Abu Abdullah (as) was asked about a man who was on his deathbed and divorced his wife. He was asked whether such a divorce was permissible. Imam (as) replied: "Yes, it is permissible. If he dies, she will inherit from him, but if she dies, he will not inherit from her."