The first is that this is discovered before he has consummated marriage with either of them; the second, that it is not discovered until after he has consummated marriage with both; the third, that it is discovered after he has consummated marriage with the first; the fourth, that it is discovered after he has consummated marriage with the second; the fifth, that it is discovered after he has consummated marriage with one of them whose identity is known, but it is not known whether she was the first or the second; and the sixth, that it is discovered after he has consummated marriage with one of them, but it is not known which.
In the first case, where this is discovered before he has consummated marriage with either, the ruling is that he must be separated from the second and remain married to the first, without disagreement if she is the daughter, but subject to disagreement if she is the mother. If it is not known which was the first, he must be separated from both. He may marry the daughter if he wishes, with two divorces remaining. Each woman is entitled to half her dowry; it has also been said that each is entitled to a quarter of her dowry. By analogy, each should receive one-quarter of the lesser of the two dowries. This applies when neither woman claims that she was the first or alleges that he knows which was the first.
If each woman alleges that he knows she was the first, he is told, “Swear that you do not know that she was the first.” If he swears to this, and each woman swears that she was the first, they are jointly entitled to half the larger of the two dowries, which they divide in proportion to their respective dowries. If both refuse to swear after he has sworn, they are jointly entitled to half the lesser of the two dowries, which they likewise divide in proportion to their respective dowries. If one refuses to swear and the other swears after he has sworn, the woman who swears is entitled to half her dowry.
If he refuses to swear and both women swear, each is entitled to half her dowry. If one swears and the other refuses after he has refused, the woman who swears is entitled to half her dowry, while the woman who refuses receives nothing. If both refuse after he has refused, they are entitled only to half the lesser of the two dowries, divided between them in proportion to their respective dowries.
If he acknowledges that one of them was the first, he must swear to this and give her half her dowry; the second receives nothing. If, however, he refuses to swear and both women swear, he must pay each half her dowry. If one swears and the other refuses after he has refused, the woman who swears is entitled to half her dowry, while the woman who refuses receives nothing, because the woman who swears has established her entitlement to half the dowry by her oath.