Distribution of inheritance when a man with four wives divorces one (specifically concerning the number of divorces) and dies without knowing which wife received which form of divorce.

Chapter on Divorce by Calculation

Al-Mughni

Book of Divorce

Book 39 · Issue 2 · Bab 3

Open in Qurani

Primary text

If a man had four wives, divorced one three times, another two times, and a third once, and then died without the specific sequence being known, a casting of lots must be used. The wife whom he divorced irrevocably (three times) is excluded and does not inherit. This ruling applies if the man died outside of their waiting periods and the divorce occurred during health. Only the wife divorced three times is barred from inheritance; the others, whose divorces are revocable, inherit from him if he dies during their waiting periods, and they inherit from her if she dies.

Supporting text

Al-Shafi'i stated that the remaining portion should be held in abeyance until the wives reach a settlement.