Does the former husband retain the right to revoke the revocable divorce (raj'iyyah) of his wife if she marries a second husband during her waiting period ('iddah) and becomes pregnant by the second husband?
General Chapter
Al-Mughni
Book of Reconciliation (Return During 'Iddah)
Primary text
The possibility of revocation remains under one view because the wife has not completed her 'iddah from the first husband, thus the ruling of his marriage remains, and his repudiation or denouncement (zihar) applies to her. Her 'iddah is interrupted only by a circumstance, similar to if he had intercourse with her during his marriage. The right to revoke is established because he possesses the right to take her back upon her return to her 'iddah, and this right existed prior to that circumstance, as when her menses cease during the 'iddah period.
Supporting text
Alternatively, the husband does not possess the right to revoke because she is not currently in his 'iddah. Upon delivery of the pregnancy, the 'iddah of the second husband concludes, and she completes the remainder of the first husband's 'iddah, at which point he has a unanimous right to revoke her. This applies even if she is in post-partum bleeding (nifas), as she reverts to the first 'iddah after delivery, making revocation permissible then, analogous to divorcing a menstruating woman, where revocation is permissible during her menses even if that period is not counted.