and if two witnesses come forward after a man’s death and testify that he had divorced his wife, she still inherits from him, for in Mālik’s view their testimony carries no legal weight, whether the two men had been present in the locality or away from it.
Should those same witnesses testify, after the woman’s death, that the man had divorced her, then—if they had been absent and only arrived after she died—their testimony is accepted and the husband does not inherit from her. If, however, they had been present, knew where he was, yet did not present their testimony until she had died, their reliability is impeached and their testimony is not admitted in this matter.
If a single man testifies that another man divorced one of his four wives without specifying which one, and all four wives thereafter die, the husband inherits from all of them once he has taken an oath. His share of their estates, however, is limited to the number of wives with whom he had actually cohabited, for had he sworn while they were still alive, his acknowledgment would have stood in their presence.
If a man marries two sisters, one after the other, consummates the marriage with both, and then dies, the first marriage is valid: the first sister is entitled to her mahr (dower), to her share of the estate, and she must observe the ʿidda (waiting period) of widowhood, because she is a lawful wife. The second sister neither inherits nor observes the widow’s ʿidda; instead, she must complete the ʿidda of a divorcée, for the womb of a free woman is not cleared by fewer than three menstrual cycles. She is entitled to the named mahr by virtue of consummation. If he had not consummated the marriage with the second sister, she would have neither right to a mahr nor any ʿidda to observe. If he had not consummated the marriage with the first sister, she would still suffer no loss, for at his death she is entitled to the full named mahr, inherits from him, and must observe the ʿidda of widowhood.
If a man marries a mother after her daughter—or a daughter after her mother—whether he consummated the marriage with both of them, with only one, or with neither, and then dies, neither of the two women inherits from him.
If a man, unaware of the prohibition, marries his own mother, sister, or daughter and later dies after fathering children by her, the women do not inherit from him through the marriage, yet they do inherit from him through blood, and their children inherit from him as well, for he is their father and did not deliberately seek the forbidden with respect to their mother.
If a Magian had married his mother, sister, or daughter and then embraced Islam, the lineage between them is not severed by his deliberate entry into an unlawful marriage, because the disbelief he formerly practiced was a graver offense. They inherit from him solely by virtue of kinship.
(Here the text breaks off.)