What is the ruling regarding the divorce and inheritance if the husband dies before specification, according to various jurists?
Chapter on Distant Kindred (Dhawu al-Arham)
Al-Mughni
Book of Inheritance Shares (Farā'id)
Primary text
Al-Shafi'i and the scholars of Iraq hold that the matter reverts entirely to the husband's designation. In the view of the scholars of Iraq and some Shafi'i scholars, having intercourse with one wife constitutes designation through marriage. Al-Shafi'i differs, holding that intercourse is not designation. If the husband dies before specification, the inheritance is shared among all wives, according to the scholars of Iraq.
Supporting text
Malik states that all wives are divorced and have no inheritance rights. Al-Shafi'i holds that their inheritance is suspended. If the divorce occurred before consummation, half the dower is given to each wife, and the remainder of their dowers is suspended. Dawud argues that the divorce is void due to ambiguity, each wife receives a full dower, and inheritance is shared among them. If the wives die before specification, the remaining wife is divorced, according to the scholars of Iraq, whereas Al-Shafi'i reverts to the husband's designation.