Whoever is selected by the casting of lots for divorce does not inherit if she is the deceased, and she does not inherit from him if she is the other one. According to the opinion of the people of Iraq, he inherits from the first, and the other does not inherit from him. For al-Shafi'i, there are two opinions: the first is that one refers back to the designation of the heir; if he says, 'I divorced the deceased,' he does not inherit from her, and the living one inherits from him. If he says, 'I divorced the living one,' he swears to that, takes the inheritance of the deceased, and the living one is not made an heir. The second opinion is that the husband's inheritance is withheld from the estate of the deceased, and the living one's inheritance is withheld from the husband's estate. If he had two wives, having consummated the marriage with one but not the other, and he divorced one of them without specifying, then the one for whom the lots are drawn is subject to the ruling of divorce, and the other is subject to the ruling of marriage. The people of Iraq said: The one with whom the marriage was consummated has three-quarters of the inheritance if he dies during her waiting period ('idda), and the other has one-quarter, because the one with whom the marriage was consummated is certainly entitled to half, and they both lay claim to the other half, so it is shared between them. In the opinion of al-Shafi'i, half belongs to the one with whom the marriage was consummated, and the second half is withheld. If the marriage was consummated with both, and he said during his terminal illness, 'I intended this one,' then he died during her waiting period, his statement is not accepted, because a declaration of divorce during a terminal illness is like a divorce during it. This is the opinion of Abu Hanifa and Abu Yusuf. Zufar said: His statement is accepted, and the inheritance goes to the other. This is also the reasoning according to the opinion of al-Shafi'i. If the terminally ill man had another wife besides these two, she has half the inheritance, and the two have the other half. In the opinion of al-Shafi'i, half of it is withheld.

Section: If he had four wives and he divorced one of them without specification, then he married a fifth after the expiration of her waiting period, and then he died without having clarified, then the fifth has one-quarter of the inheritance and the dowry, and lots are drawn among the four. The people of Iraq said: They have three-quarters of the inheritance among them. If the marriages were not consummated, they have three and a half dowries. In the opinion of al-Shafi'i, three-quarters of the inheritance and one and a half dowries are withheld among the four; if one comes claiming her inheritance, she is not given anything. If two claim it, a quarter of the inheritance is given to them, if three claim it, half of it is given to them, and if all four claim it, it is given to them. If, after marrying the fifth, he said, 'One of you is divorced,' then according to their opinion, the fifth has one-quarter of the inheritance, because she is a partner to three, and the remainder is between the four as in the first case, and the fifth has seven-eighths of a dowry, because the divorce reduced her and three others with her by half a dowry, and there remains for the four three and an eighth to be shared among them, according to the opinion of the people of Iraq. If he then married a sixth, she has a quarter of the inheritance and a full dowry, the fifth has a quarter of what remains and seven-eighths of a dowry, and the four have what remains and three and an eighth dowries, and the quarter is divided into sixty-four parts.