Section

If the husband dies and it is not known which woman he married first, the inheritance is divided between them after they have both sworn oaths. Ibn al-Qāsim said: Each is entitled to half her dowry, whether their dowries are equal or different. By analogy, the lesser of the two dowries should be divided between them in proportion to their respective dowries after they have sworn their oaths. Each must observe a waiting period of four months and ten days, because it is uncertain which he married first.

In the second case, where this is not discovered until he has consummated marriage with both, he must be separated from both. Each is entitled to her dowry by reason of consummation, and each must observe three menstrual periods to establish that her womb is clear. Neither is ever lawful for him again, and neither is entitled to inherit from him if he dies.

In the third case, where this is not discovered until he has consummated marriage with the first, he must be separated from the second, who is never lawful for him thereafter. He remains married to the first, without disagreement if she is the daughter, but subject to disagreement if she is the mother.

In the fourth case, where this is not discovered until he has consummated marriage with the second, he must be separated from both. The woman with whom he consummated marriage is entitled to her dowry. If she is the daughter, he may marry her after she has observed three menstrual periods to establish that her womb is clear following the semen deposited through the invalid union. If she is the mother, neither woman is ever lawful for him again. Neither is entitled to inherit from him if he dies.

In the fifth case, where this is not discovered until 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, the ruling is as follows. If the woman with whom he consummated marriage is the mother, he must be separated from both, and neither is ever lawful for him again. If she is the daughter, they must be separated; he may then marry the daughter if he wishes, after she has observed three menstrual periods to establish that her womb is clear. The woman with whom he consummated marriage is entitled to her dowry by reason of consummation. If the husband dies, she must observe the shorter of the two waiting periods and is entitled to her full dowry. Ibn Habīb said that she is also entitled to half the inheritance, whereas Ibn al-Mawwāz said that she is entitled to no inheritance, which is the correct view. As for the woman with whom he did not consummate marriage, no waiting period is required, and she is entitled to neither dowry nor inheritance.