If a wife is given the option for a month, chooses herself, and then remarries the same husband, does the option remain valid in the second contract?

Chapter on Explicit Divorce and Others

Al-Mughni

Book of Divorce

Book 39 · Issue 3 · Bab 2

Open in Qurani

Primary text

If a wife is given the option for a month, chooses herself, and then marries him, she does not retain the option in the subsequent contract. This is because she has exhausted the right granted to her in the first contract. This is analogous to conditional option in a sale contract: if it is rescinded, and then the same item is purchased under a new contract during the option period, the previous option rights do not transfer.

Supporting text

Abu Hanifa maintained that she retains the option in this situation.