What is the inheritance share for a fifth wife married after the husband divorced one of four unspecified wives, when the husband dies without specifying which wife was divorced?
Chapter on Distant Kindred (Dhawu al-Arham)
Al-Mughni
Book of Inheritance Shares (Farā'id)
Primary text
If a man had four wives, divorced one without naming her, married a fifth after her waiting period ended, and then died without specification, the fifth wife receives one-quarter of the inheritance and the dowry (mahr). A drawing of lots (qur'ah) is conducted among the original four wives to determine the divorced one.
Supporting text
The scholars of Iraq hold that the original four wives are entitled to three-quarters of the inheritance collectively, even if the marriage was unconsummated (in which case they receive three dowries total, divided by four, plus half a dowry). The view of Al-Shafi'i is that three-quarters of the inheritance and one and a half dowries are held in suspension among the four. If one wife claims her share, she receives nothing. If two claim, they receive one-quarter of the inheritance. If three claim, they receive half the inheritance. If all four claim, the entire amount is distributed among them.