What is the ruling on inheritance when a man divorces one of several wives but forgets who she was?
Chapter on Divorce by Calculation
Al-Mughni
Book of Divorce
Primary text
According to Ahmad's view, lot drawing is performed among all wives to determine who inherits if he dies. If lot drawing is performed and a wife is designated, but the husband later claims the divorced wife was someone else, the designated wife reverts to him, and the divorce falls upon the one he names, who is then entitled to inheritance if he dies (if she has not remarried). The narration from Ahmad suggests that if the judge performed the lot drawing, the husband's subsequent statement about the identity of the divorced wife should not override the judge's ruling regarding inheritance.
Supporting text
Abu Hanifa held that inheritance should be divided among all wives because they all equally possess the potential right to inheritance. Al-Shafi'i held that the specific inheritance should be suspended until the wives reach a settlement, as the rightful recipient is unknown. The view supporting lot drawing aligns with the statement of Ali (RA) and the principle that when rights are equal and indistinguishable, lot drawing is necessary, similar to partnership division or manumission of slaves when no other property exists.