As for the sixth case, where this is not discovered until he has consummated marriage with one of them whose identity is unknown, he must be separated from both, and neither is ever lawful for him again. His statement identifying the woman with whom he consummated marriage is accepted if supported by his oath. He must pay her dowry, while the other woman receives nothing. If he refuses to swear, each woman may swear that she is the one with whom he consummated marriage, thereby becoming entitled to her full dowry from him. If one swears and the other refuses, the woman who swears is entitled to her dowry, while the one who refuses receives nothing.
Section
[If the husband dies, Sahnลซn said: Each is entitled to half her dowry.] By analogy, the lesser of the two dowries should be divided between them in proportion to their respective dowries after they have both sworn their oaths. Each must observe the longer of the two waiting periods. According to Ibn Habฤซbโs position, half the inheritance is divided between them. According to Muhammad ibn al-Mawwฤz, however, neither receives any inheritance, which is the correct view. For if the woman with whom he consummated marriage was the second one he married, neither would be entitled to inherit, and entitlement to inheritance can be established only with certainty. Success comes through Allah.
Section
Similar cases include that of a man who marries five women, a Zoroastrian who embraces Islam while married to ten women, and a man who marries four girls still being suckled, whom one woman then breastfeeds one after another.
If a man marries five women in succession and then dies, and it is not known which was the last one he married, the inheritance is divided equally among the five, whether or not he consummated marriage with them. As for their dowries, if he consummated marriage with all of them, each is entitled to her full dowry. If he consummated marriage with none of them, each is entitled to half a dowry if the dowries were equal, or half her stipulated dowry if they differed. If, however, the dowries differed and their amounts are known, but it is not known which amount belonged to each woman, each receives half of one-fifth of the total. This is Ibn Habฤซbโs position. His reasoning is that, considering each woman individually, it is not known whether she is