What is the ruling on inheritance if a man divorces one of his four wives irrevocably (triple talaq) during his illness, then marries a fifth woman during the first divorced woman's Iddah, and dies during that Iddah?
Chapter on Distant Kindred (Dhawu al-Arham)
Al-Mughni
Book of Inheritance Shares (Farā'id)
Primary text
The subsequent marriage to the fifth woman is void. The inheritance is distributed between the first divorced wife and the remaining original wives. This is the position of Abu Hanifa and Malik.
Supporting text
Al-Shafi'i holds that the marriage is valid, and the inheritance belongs to the newly married woman along with the other existing wives, excluding the first divorced wife. Based on Al-Shafi'i's older position, there are two possibilities: either the inheritance is shared between the first divorced wife and the remaining original wives, or it is divided among all five, giving each one-fifth.