Can the first husband remarry his wife after she has completed the Iddahs resulting from the invalid second marriage?
General Chapter
Al-Mughni
Book of Waiting Periods ('Iddah)
Primary text
The first husband may remarry her after completing both Iddahs if his initial divorce was not a triple divorce. If the divorce was less than three, he may remarry her. If the first divorce was revocable (Raj'i), he retains the right to revoke the divorce during the Iddah period pertaining to the first husband.
Supporting text
One narration from Ahmad, supported by Malik and the old position of Al-Shafi'i, dictates that she is permanently forbidden (Mu'abbad) to the second husband because he hastened the right before its time, akin to an heir who kills his ancestor. Another view holds that because the second act corrupts the lineage, it incurs permanent prohibition, similar to the Mula'anah (imprecation). Al-Shafi'i's new position permits the first husband to remarry her after completing the first Iddah, and does not prohibit him from marrying her during her Iddah from him, as the coitus establishes lineage and the Iddah is for lineage preservation. The correct position holds that neither the void contract nor the subsequent coitus in the void marriage results in permanent prohibition, as even adultery does not result in permanent prohibition.