What is the ruling concerning the wife whose first husband is missing, regarding her subsequent marriage and entitlements?
General Chapter
Al-Mughni
Book of Waiting Periods ('Iddah)
Primary text
If a woman does not know the fate of her first husband, 'Umar and 'Uthman ruled that she should wait four years, then observe the waiting period for a widow (four months and ten days), and then she may marry if she wishes. If the first husband appears, he has the choice: either reclaim his wife or the dowry paid by the second husband. If he chooses the dowry, it remains with the second husband. If he chooses his wife, she is separated from the second husband until the end of her waiting period. If the first husband appears after the second husband has died, she inherits from the second husband and observes the widow's waiting period, then returns to the first husband.
Supporting text
The reason for not holding the wife liable for repayment (to the second husband) is that she committed no deception ('Taqhrir'). If it is ruled that the second husband recovers from her, and he had paid the dowry, he recovers it; if he had not paid it, he pays it to the first husband and recovers nothing from her. If he paid only part, he recovers what he paid. If the ruling is that he does not recover from her, and he had paid the dowry, he does not recover it; if he had not paid it, he is obligated to pay it to the first husband as another dowry.