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Al-Mughni by Ibn Qudama - Edited by Al-Turki
Volume 9 · Page 205Section

Translation · EN

the divorced women. This is based on the analogy of the opinion of Abu Hanifah, Abu Yusuf, and al-Lu'lu'i. As for Zufar, he does not consider the marriage of the newly married women to be valid until the divorced women confirm it. As for al-Shafi'i, marriage during the waiting period of the divorced women is permissible in his view; therefore, according to his opinion, if he divorces four and marries four, whether in a single contract or multiple contracts, and then dies from his illness, the inheritance belongs to the newly married women. According to his old opinion (al-qawl al-qadim), two views are derived: one is that the inheritance is shared between the eight. The second is that the inheritance belongs to the divorced women rather than the newly married ones. If some of the divorced women die, or their waiting period expires, then the newly married women inherit the share of the deceased ones. If one dies, the wives have a quarter of the inheritance of the women. If two die, the wives have half of the inheritance. If three die, they have three-quarters of the inheritance if their marriage was in a single contract. If it was in separate contracts, then if one of the divorced women dies, her inheritance goes to the first of the newly married women; the inheritance of the second goes to the second, and the inheritance of the third goes to the third.

Chapter: If a man says to his wives: 'One of you is divorced,' meaning a specific one, she alone is divorced, and one refers back to his designation, and their maintenance is taken from him for all of them until she is designated. If the divorce is irrevocable (ba'in), he is prevented from them until he designates. If he says: 'I meant this one,' she alone is divorced. If he says: 'I did not mean these three,' the fourth is divorced. If he returns and says: 'I was mistaken, I only meant this one,' the other is divorced. If they, or one of them, die before he clarifies, one refers back to his statement; so whoever he acknowledges divorcing, we deprive her of her inheritance, and we make him swear an oath to the heirs of the one he did not designate. This is the opinion of al-Shafi'i. If he did not mean a specific one by that, or died before designation, she is determined by lot (qur'a). Likewise, if he divorced one of his wives specifically and forgot which one, then died, she is determined by lot; whoever the lot falls upon has no inheritance. This was narrated from 'Ali, may Allah be pleased with him. It is also the opinion of Abu Thawr. 'Ata' narrated from Ibn 'Abbas that a man asked him, saying: 'I have three wives, and I divorced one of them irrevocably...'

Notes

(74) Omitted from: A. (75) In M: "wa 'uqud". (76) In A and M: "matat".

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