What is the ruling regarding taking back a woman who was divorced but later returned to the owner's possession through sale, marriage, gift, or the like, when the owner knew she was not pregnant?
Chapter on What is Prohibited to Marry and Combining Between Them and Other Matters
Al-Mughni
Book of Marriage
Primary text
If a woman is divorced (in a revocable divorce, implied by the context of return), and subsequently returns to the possession of her former husband through a sale, marriage, gift, or similar means, and the man knew she was not pregnant at the time of the transfer, he is prohibited from taking back one of the two women (implying the sister or another closely related woman if the context is based on the preceding discussion) until the first woman is made unlawful to him (i.e., the waiting period has ended, or a final divorce occurred, depending on the context implied by the phrase 'hatta tahruma 'alayhi al-ula').