After separation from the second invalid marriage, how are the remaining Iddahs determined when they do not overlap?
General Chapter
Al-Mughni
Book of Waiting Periods ('Iddah)
Primary text
After separation from the second party (either voluntarily or by judicial order), the woman must complete the remainder of the first Iddah because the first right is prior and the Iddah was due to a valid marriage coitus. After completing the first Iddah, she must commence a new Iddah for the second relationship, and the two Iddahs do not overlap because they are from two different men. This is the position of Al-Shafi'i.
Supporting text
Abu Hanifa argues that the Iddahs overlap, meaning she completes three Quru' after separation from the second party, which covers the remainder of the first Iddah and the entire second Iddah, as the purpose is to ensure uterine purity from both men. The established evidence is the ruling of 'Umar ibn Al-Khattab regarding Tulayhah, who married in her Iddah, where he ordered separation, completion of the remainder of the first Iddah, and then a new Iddah for the second relationship. This was also the ruling of 'Ali, supporting the non-overlap principle as they are two distinct rights owed to individuals.