Determination of dowry and inheritance rights following partial consummation when precedence is uncertain.
Chapter on Distant Kindred (Dhawu al-Arham)
Al-Mughni
Book of Inheritance Shares (Farā'id)
Primary text
The wife who was consummated is entitled to the lesser of the stipulated dowry or the customary dowry (mahr al-mithl), and the excess is held in suspension. If the husband consummates one wife from the set of two and one from the set of three, the marriage of the group initiated by the consummated wife is valid. The wife whose marriage is not validated receives the customary dowry. If the situation remains unclear, the certain amounts are taken, including the stipulated dowries and half of the customary dowry, which is shared between the two consummated wives.
Supporting text
Regarding the question of whether the heir's specification supersedes the husband's, there are two opinions. One view is that the stipulated dowry and customary dowry are taken for the consummated wives, with the excess held in suspension. Two stipulated dowries and a half remain, one suspended between the three unconsummated wives and another between the group of three and the group of two.