Rulings when both husbands claim precedence and the wife admits neither, followed by drawing lots.

General Chapter

Al-Mughni

Book of Marriage

Book 35 · Issue 16 · Bab 1

Open in Qurani

Primary text

If she does not admit precedence for either, lots are drawn between them, and she inherits from the one upon whom the lot falls. If one of them had consummated the marriage, she is entitled to the stipulated dower if she did not admit precedence for the other husband, as the admitted husband affirms it, and she does not claim more. If she admitted to the other, she claims the customary dower, while the admitted husband affirms the stipulated dower. If the customary dower is more, he swears concerning the excess, and the excess is dropped. If the stipulated dower is more, he is admitting an excess which she denies, so she does not acquire it.

Supporting text

If neither admits precedence, lots are drawn between them, and she inherits from the one drawn. If one had consummated the marriage and she admitted for the other, or if she admitted for neither, she receives the stipulated dower if the one she admitted to affirms it. If she admitted to the other, she claims the customary dower.