What is the ruling on inheritance if the husband dies after the first divorced wife's Iddah concludes, following a divorce and remarriage during the Iddah?
Chapter on Distant Kindred (Dhawu al-Arham)
Al-Mughni
Book of Inheritance Shares (Farā'id)
Primary text
There are two narrations regarding the inheritance of the first divorced woman. One narration, according to Abu Hanifa and the scholars of Iraq, states she does not inherit, and the inheritance goes to the currently married wives. This aligns with Ahmad's view that allowing marriage in the Iddah necessitates either eight wives inheriting or two sisters inheriting, or denying inheritance to wives explicitly mentioned to inherit, which is rejected.
Supporting text
The second narration states that she inherits alongside the other wives, and the newly married wife receives nothing. Two views arise from this: the inheritance is shared among the five wives, or it goes to the first divorced wife and the original wives, excluding the newly married one, on the grounds that the sick man is prohibited from depriving the original wives of their share through divorce, and thus should be prevented from diminishing it. Both secondary views are considered weak.