What are the rules concerning inheritance when converted wives die before the husband exercises his choice?

Chapter on Marriage of Polytheists

Al-Mughni

Book of Marriage

Book 35 · Issue 4 · Bab 3

Open in Qurani

Primary text

If all wives convert simultaneously and then die before he makes his choice, he may select four, acquiring their inheritance; he does not inherit from the others as they are not considered his wives. If some die before his choice, he may choose from both the living and the deceased. If some convert, die, and then the remaining ones convert, he has the option to choose from all of them. If he chooses the deceased ones, he inherits from them because they died while they were his wives. If he chooses others, he does not inherit from the chosen living ones because they become strangers (*ajnabiyat*). If the remaining wives do not convert, the marriage is binding upon the deceased ones, and he inherits from them.

Supporting text

If he consummated relations with all wives before their conversion, and subsequently chose four, they are only entitled to the agreed-upon dower (*musamma*). The others are entitled only to the dower stipulated in the original contract, and the dower of equivalent value (*mahr al-mithl*) for the second act of consummation, as they are strangers at that time. If he consummated relations after their conversion, the chosen wives are prioritized for the consummation, and the remainder are strangers, with the ruling on dower following the aforementioned conditions.