What is the ruling regarding the inheritance of a wife not specifically divorced before the husband's death?

Chapter on Divorce by Calculation

Al-Mughni

Book of Divorce

Book 39 · Issue 4 · Bab 3

Open in Qurani

Primary text

If a man divorces one of his wives without specifying which one, the designated wife is determined by drawing lots (*qur'ah*). This is the position stated by a group of scholars, including Al-Hasan and Abu Thawr. If the husband dies before the lot is drawn or before specification, the heirs draw lots between the wives. The wife upon whom the lot of divorce falls inherits from him as if he had specified her in the divorce.

Supporting text

Qatadah and Malik state that all wives are divorced. Hammad ibn Abi Sulayman, Al-Thawri, Abu Hanifah, and Al-Shafi'i maintain that he may choose and specify which wife to divorce, as he possesses the initial authority to enact and specify the divorce. If he enacts it without specification, he retains the authority to specify it afterward as a completion of what he originally possessed.