What is the procedure when the heirs of a deceased husband and wife disagree regarding their inheritance or dower?
General Chapter
Al-Mughni
Book of Dowry (Mahr)
Primary text
When a husband and wife both die and their heirs disagree, the heirs of each deceased person assume their place in the dispute. If an heir swears to establish a claim (affirmation), they must swear definitively (al-batt). If an heir swears to deny a claim (negation), they must swear based on the negation of knowledge, as they are swearing concerning the action of another party. This view is held by Al-Shafi'i.
Supporting text
Abu Hanifa stated that if only one of the spouses dies, the same rule applies. However, if both spouses die and the wife's heirs claim the stipulated dower (*tasmiyah*) while the husband's heirs deny it entirely, no judgment is passed against the latter. His companions explain this opinion applies only when the time elapsed is prolonged, making the determination of the prompt dower (*mahr al-mithl*) difficult because its description and timing must be considered. Muhammad ibn al-Hasan ruled that the prompt dower should be judged. Zufar ruled for ten dirhams, as it is the minimum amount for a dower.