What is the ruling regarding a marriage contract made after a man explicitly proposed marriage (khutbah) or made an indirect proposal in a situation where direct proposal is forbidden, once the impediment (waiting period) is lifted?
Chapter on What is Prohibited to Marry and Combining Between Them and Other Matters
Al-Mughni
Book of Marriage
Primary text
The marriage contract is valid if the man explicitly made the marriage proposal (khutbah), or made an indirect proposal in a context where direct proposal is prohibited, and subsequently marries her after the impediment has passed. This ruling is upheld because the prohibition that occurred (the proposal) did not coincide with the contract itself, and thus did not invalidate it, analogous to a second marriage contract or marrying a woman after viewing her unclothed.
Supporting text
Imam Malik holds that the man must divorce the woman with a single pronouncement of divorce before remarrying her. This opinion is rejected.