A Woman Receives News of the Death of her Husband or her Divorce, Counts her Waiting Period then Marries and her Previous Husband Comes

“Abu Ja‘far (a.s.), has said, ‘If a woman receives news of the death of her husband or she is informed about her being divorced by her husband and she counts her waiting period. Thereafter marries then her previous husband comes. The first one is more rightful than the second one, regardless, he (the second) has gone to bed with her or not, but she can demand mahr (dower) from the second one because of his going to bed with her and the second one can thereafter never lawfully marry her again.”’ Abu al-‘Abbas al-Razzaz, Muhammad ibn Ja‘far has narrated from abu Ayyub ibn Nuh. Abu Ali al- Ash‘ariy has narrated from Muhammad ibn ‘Abd al-Jabbar Ahmad ibn Muhammad from Muhammad ibn Tsma’il has narrated from al-Fadl ibn Shadhan from all from Safwan from Musa ibn Bakr from Zurarah from abu Ja‘far (a.s.), a similar Hadith.

“I once asked abu Ja‘far (a.s.), about the case of a woman before whom two men testify that her absent husband has divorced her and she counts waiting period then marries; then the absent husband comes. He says that he has not divorced her and one of the two testifying people says that he has lied. He (the Imam) said, ‘The second has no way to her and the one who testified must pay the mahr (dower) to the second man and she must count her waiting period because of the second marriage. The first husband must not go near her until her waiting period is complete.’”

“About the case of two witnesses who testify that a woman’s husband has divorced her or that he has died, thus, she marries, then the husband comes, abu ‘Abd Allah (a.s.), has stated this Hadith. ‘They are whipped for their crime. They are held responsible for the mahr (dower) to be paid to the husband for deceit; then she counts waiting period and returns to her first husband.’”

“Abu Ja‘far (a.s.), has said, ‘If a woman receives news of the death of her husband or she is informed about her being divorced by her husband and she counts her waiting period and thereafter marries, then her previous husband comes. The first one is more rightful than the second one, regardless, he (the second) has gone to bed with her or not; but she can demand mahr (dower) from the second one because of his going to bed with her and the second one can thereafter never lawfully marry her again.”’