If the husband is absent from his wife for a long period, then she marries another man, and then the first husband returns.
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The questioner : If a man is absent from his wife for a long period and his whereabouts are unknown, and she marries another man, and after they have had intercourse for a period, her first husband returns from his absence, does the marriage with the second husband continue with her, or is it annulled? If a child is born to them, to whom is the lineage attributed? Does she observe the waiting period from the second husband? And if she returns to the first husband, is their old contract sufficient, or must the contract be renewed?
The Shaykh : This issue is referred to as the marriage of a woman whose husband is missing. If the husband is missing and the period during which he is searched for has passed, and he is then ruled dead, and she observes the waiting period from him and marries another, and then he arrives, he has the option either to leave the marriage as it is or to have his wife returned to him. If the marriage is left as it is, the matter is clear and the contract is valid.
The questioner : Yes.
The Shaykh : If he does not choose that and wants his wife to return to him, she returns to him, but he does not have intercourse with her until her waiting period from the second husband ends. She does not need a new contract with respect to the first husband, because nothing has invalidated his first marriage such that she would need a new contract. As for her child from the second husband, he is a legitimate child attributed to his father, because he was born from a marriage that was permitted, and what results from what is permitted is a right and valid. Yes.
The questioner : The second husband does not have the option if the first husband wants...
The Shaykh : The second husband does not have the option if he wants; the option is for the first husband only.
The questioner : For the first husband only.
The Shaykh : Yes.
The questioner : Yes, the second question says.
The Shaykh : This issue is referred to as the marriage of a woman whose husband is missing. If the husband is missing and the period during which he is searched for has passed, and he is then ruled dead, and she observes the waiting period from him and marries another, and then he arrives, he has the option either to leave the marriage as it is or to have his wife returned to him. If the marriage is left as it is, the matter is clear and the contract is valid.
The questioner : Yes.
The Shaykh : If he does not choose that and wants his wife to return to him, she returns to him, but he does not have intercourse with her until her waiting period from the second husband ends. She does not need a new contract with respect to the first husband, because nothing has invalidated his first marriage such that she would need a new contract. As for her child from the second husband, he is a legitimate child attributed to his father, because he was born from a marriage that was permitted, and what results from what is permitted is a right and valid. Yes.
The questioner : The second husband does not have the option if the first husband wants...
The Shaykh : The second husband does not have the option if he wants; the option is for the first husband only.
The questioner : For the first husband only.
The Shaykh : Yes.
The questioner : Yes, the second question says.