What occurs regarding inheritance if the husband dies before specifying which wife was divorced in the ambiguous pronouncement?

Chapter on Distant Kindred (Dhawu al-Arham)

Al-Mughni

Book of Inheritance Shares (Farā'id)

Book 32 · Issue 2 · Bab 5

Open in Qurani

Primary text

If the intended wife or wives die before specification, the ruling reverts to the husband's initial statement. If he admits divorce concerning a specific woman, she is barred from inheriting from him, and he is made to swear an oath concerning the heirs of the women he did not specify. This is the position of Al-Shafi'i.

Supporting text

If he did not specify any particular woman, or if he died before specification, the wife who is divorced is determined by casting lots (qur'ah). This ruling is reported from Ali and is the opinion of Abu Thawr. Ibn Abbas, according to 'Ata, stated that if he intended one specific wife but forgot, they all share the divorce; otherwise, he may divorce whomever he chooses.