Distribution of inheritance when a man with four wives divorces one, marries another, and then dies without knowing which wife was divorced.

Chapter on Divorce by Calculation

Al-Mughni

Book of Divorce

Book 39 · Issue 1 · Bab 3

Open in Qurani

Primary text

If a man has four wives, divorces one, marries another after the first's waiting period expires, and then dies without knowing which wife was divorced, the wife he married subsequently receives one-fourth of the wives' inheritance share. Ahmad explicitly stated this rule, and there is no disagreement among scholars concerning this portion. Following this, a casting of lots (qur'a) must occur among the four wives. The wife whose lot is drawn forfeits inheritance, while the remaining wives inherit based on the outcome of the lot.

Supporting text

Al-Sha'bi, Al-Nakha'i, 'Ata al-Khurasani, and Abu Hanifa held that the remaining portion should be divided equally among the four wives. Abu 'Ubayd claimed this was the position of the people of Hijaz and the people of Iraq alike.