May the original husband have sexual intercourse with his wife who was subjected to intercourse due to a misconception ('Ujbah) before her waiting period ends?
General Chapter
Al-Mughni
Book of Waiting Periods ('Iddah)
Primary text
The original husband is prohibited from having sexual intercourse with his wife who was subjected to intercourse due to a misconception until her prescribed waiting period concludes. This prohibition prevents the mingling of semen and the confusion of lineage. One narration permits the husband to engage in non-penetrative intimacy with her.
Supporting text
In one established legal opinion, the husband is permitted to enjoy with her acts short of penetration because she remains his wife, and the prohibition against intercourse stems from a temporary impediment affecting the private parts, thus permitting other forms of enjoyment, analogous to a menstruating woman.