Rulings when both husbands claim to have contracted the marriage first, and the wife admits one was first, followed by separation.

General Chapter

Al-Mughni

Book of Marriage

Book 35 · Issue 15 · Bab 1

Open in Qurani

Primary text

If both claim precedence and the woman admits it for one, and separation occurs between them, if dower is deemed obligatory, it is incumbent upon the one she admitted to, not the other, due to his admission of the dower and her admission of the other's release from liability. If both die, only the one she admitted to inherits from her, not the other. If she dies first, some view is that the one she admitted to inherits, while another view denies acceptance of her admission concerning herself.

Supporting text

If she admits it after the death of one husband, it is treated as if she admitted it during his life, and the heirs of the deceased husband cannot deny her right to inheritance because their deceased relative had admitted the validity of her marriage and his precedence.