What is the ruling on returning a wife if the buyer married her, the original husband had intercourse with her, and the marriage is still ongoing?
Chapter on Selling the Musarrah (Animal with milk retained in udder)
Al-Mughni
Book of Sales
Primary text
If the buyer married the woman, and the original husband subsequently had intercourse with her, the ruling depends on the status of that marriage. If the marriage initiated by the buyer remains valid, this intercourse constitutes a new defect arising after the sale, which affects the right to return. If the marriage has ended, the ruling is the same as intercourse by the master.
Supporting text
A narration attributed to Ahmad—may Allah have mercy upon him—is preferred, stating that such intercourse prevents the return. This opinion is understood to align with the narration where intercourse by the master prevents the return, as there is no distinction between the two situations.