What is the ruling if a man dies before choosing one of his wives to whom he had bequeathed a house?

Chapter on Marriage of Polytheists

Al-Mughni

Book of Marriage

Book 35 · Issue 1 · Bab 3

Open in Qurani

Primary text

If the husband dies before making a choice among the wives concerning whom he had designated the house, his heirs do not stand in his place regarding that choice. All designated wives must observe the waiting period (*iddah*). For a pregnant wife, her *iddah* concludes upon childbirth. For one who is beyond menstruation or too young, her *iddah* is four months and ten days, as this is the longer of the two required periods in her case. If she is among those whose waiting period is counted by *quru'* (menstrual cycles), her *iddah* is the longer of two periods: three *quru'* or four months and ten days. This longer period is mandated to ensure the completion of the *iddah* with certainty, because each wife potentially holds the status of either the chosen one (whose *iddah* is that of widowhood) or the one separated (whose *iddah* is three *quru'*). Therefore, the longer period is imposed for certainty, similar to the ruling for one who forgets a prayer from a specific day, upon whom five prayers are obligatory.

Supporting text

The ruling aligns with the position of Al-Shafi'i.