What is the ruling if the first husband returns before consummation of the second marriage?
General Chapter
Al-Mughni
Book of Waiting Periods ('Iddah)
Primary text
If the first husband returns before the second husband has consummated the marriage, the wife belongs to the first husband, and she is returned to him without any requirement regarding the second marriage's dower. This opinion is held by Ahmad, Hasan, 'Ata, Khallas ibn 'Amr, Al-Nakha'i, Qatadah, Malik, and Ishaq. The reasoning is that the second marriage was only valid in appearance but void in reality because it involved a woman already married, rendering it null as if it never occurred, provided there was no consummation. Therefore, no dower is due from the second husband, and she reverts to the first husband based on the initial contract.
Supporting text
The Judge (Al-Qadi) suggests an alternative narration stating that the wife is given the choice, derived from a general statement by Ahmad. However, the preferred view reconciles Ahmad's general statement with his specific narration, asserting no choice is given until after consummation.