What is the ruling on the marriage contract if one spouse inherits the other or part of them after marriage?
Chapter on What is Prohibited to Marry and Combining Between Them and Other Matters
Al-Mughni
Book of Marriage
Primary text
Upon the death of the father, if one spouse inherits the other spouse or a portion of them, the marriage contract is dissolved. Similarly, the marriage is dissolved if one spouse comes to own the other or a portion of them through means other than inheritance.
Supporting text
Al-Hasan stated that if a man purchases his wife for the purpose of manumission and then frees her immediately upon ownership, the marriage remains valid. However, this view is incorrect because ownership and manumission are contradictory states and cannot coexist, even momentarily; therefore, ownership alone dissolves the preceding marriage contract even before manumission.