What is the ruling if the second husband marries her while she or he knew of the existing reconciliation?

General Chapter

Al-Mughni

Book of Reconciliation (Return During 'Iddah)

Book 40 · Issue 4 · Bab 1

Open in Qurani

Primary text

If she married him with her knowledge of the reconciliation, or if either party knew, the marriage is void without disagreement. The intercourse is forbidden for the one who knew, and the ruling is that of an adulterer regarding the prescribed punishment (Hadd) and other rulings, because he engaged in intercourse with another man's wife while having knowledge.

Supporting text

If the claimant of reconciliation has no proof, and one party denies it, his statement is not accepted. However, if both deny it, the marriage is considered valid in their regard. If both confess to the reconciliation, it is established, and the ruling is the same as if evidence had been presented.