What is the ruling regarding the inheritance distribution among the wives when the husband dies before choosing?

Chapter on Marriage of Polytheists

Al-Mughni

Book of Marriage

Book 35 · Issue 2 · Bab 3

Open in Qurani

Primary text

If the wives agree upon a distribution of the inheritance among themselves, that agreement is permissible regardless of the manner of their arrangement because the right belongs to them and does not pass beyond them. If they refuse a settlement, the analogy of the school of thought dictates that lots (*qur'ah*) should be cast among them, and the four shares are then assigned based on the draw.

Supporting text

According to Al-Shafi'i, the inheritance is held in abeyance until the wives reach a settlement.