What are the inheritance rights when a woman remarries and the first husband returns after the second marriage but before consummation?
General Chapter
Al-Mughni
Book of Waiting Periods ('Iddah)
Primary text
If the first husband returns and chooses her, she returns to him. He inherits from her, and she inherits from him. She does not inherit from the second husband, nor does he inherit from her, because the marriage bond with the second husband is voided due to the lack of consummation and the husband's return.
Supporting text
If the first husband returns and she has the choice to marry, and one of them dies before she makes her choice (either during his absence or after his return), and it is ruled that she inherits from the second husband, then she inherits from the second husband and he inherits from her, and she does not inherit from the first nor he from her. This is based on the principle that when one of two options becomes impossible, the remaining option becomes mandatory. If she dies before the first husband chooses, she is given an option; if she chooses him, she inherits from him, but if she does not choose him, she inherits from the second husband. This is the apparent view of our companions.