Can a man marry a woman who was irrevocably divorced (Mubtuta) after she informed him she had married another man, had intercourse, and that marriage ended, and her Iddah passed?

General Chapter

Al-Mughni

Book of Reconciliation (Return During 'Iddah)

Book 40 · Issue 7 · Bab 1

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Primary text

If an irrevocably divorced woman informs her former husband that a period has passed after her divorce during which two Iddahs (one marriage, one intercourse) could have occurred between them, and she married and had intercourse, and that marriage ended, and her Iddah from the second husband passed, he may marry her if he generally believes her statement to be true, either due to his knowledge of her trustworthiness or based on reports from others who know her condition. This is the position of the majority of scholars, including Al-Hasan, Qatadah, Al-Awza'i, Al-Thawri, Al-Shafi'i, Abu Ubayd, and the Ashab al-Ra'y. This is because the woman is entrusted regarding herself and what she reports about her status, and there is no way to ascertain this reality except through her, so her word must be accepted, just as if she reported the end of her Iddah.

Supporting text

If he does not have a preponderant belief in her truthfulness, it is not permissible for him to marry her. Al-Shafi'i holds that he may marry her based on the reasoning mentioned previously, but piety dictates that he should not marry her. Our proof is that the default ruling is prohibition, and no preponderant belief sufficient to shift this has been found, so the prohibition must remain, similar to if an unrighteous person reported something about her.