What is the ruling if the first husband chooses the dower, and the second marriage was consummated?
General Chapter
Al-Mughni
Book of Waiting Periods ('Iddah)
Primary text
If the first husband chooses the dower paid by the second husband, the wife remains the wife of the second husband. This requires that a new contract be established between the wife and the second husband, as the second marriage was voided by the first husband's reappearance. The consensus of the Companions is understood to mandate this requirement for establishing validity after the first husband chooses the dower.
Supporting text
Abu Al-Khuttab suggests two scenarios based on judicial determination: If the separation is deemed effective both outwardly and inwardly, she belongs to the second husband, and the first has no choice, as she was separated by a judge’s decree, similar to dissolution due to financial hardship. If separation is not decreed inwardly, she remains the wife of the first, and he has no choice.