What is the ruling on inheritance when a man divorces one of two wives, then one of the wives dies, and then the husband dies?
Chapter on Distant Kindred (Dhawu al-Arham)
Al-Mughni
Book of Inheritance Shares (Farā'id)
Primary text
If there are two wives, one is divorced, one wife dies, and then the husband dies, lots are cast between the surviving wife and the deceased wife's heir. Whoever is designated by the lot as the divorced one will neither inherit from the husband if she was the deceased wife, nor will she inherit if the other wife was the deceased.
Supporting text
According to the scholars of Iraq, the first wife inherits, and the other does not. Al-Shafi'i has two opinions: first, it reverts to the designation of the heir; if the husband states, 'I divorced the deceased wife,' he is not inherited from, and the living wife inherits. If he states, 'I divorced the living wife,' he swears to it and takes the inheritance of the deceased wife, and the living wife is not inherited from. The second opinion is that the husband's inheritance share from the deceased wife is suspended, and the living wife's inheritance share from the husband is suspended.