The Ruling on the Return of the Right of Precedence in Concubines

The questioner : Among them is the right of precedence (firaash). If a man has intercourse with a slave woman, then sells her, and has intercourse with her sister by ownership, and then the first one returns to his ownership, does the right of precedence return or not? There are two views on this. The more famous of them is that it returns, and this is the stated text (manصوص). Therefore, he must avoid both of them until he makes one of them forbidden (by divorce or manumission).

The Shaykh : And currently.

The questioner : Until he makes one of them forbidden.

The Shaykh : O Shaykh. Yes.

The questioner : The second view is that the right of precedence of the second one remains, and he avoids the one who returned because the right of precedence in her ceased with the cessation of ownership. This is the choice of the author of al-Muharram.

The Shaykh : Okay. Correct regarding its return. Huh?

The questioner : Meaning,

The Shaykh : The correct view is that it does not return unless it is a return (raj'ah). If it is a return, there is no harm, it returns. It does not return [otherwise], but it returns if it is a return (raj'ah).

The questioner : Hmm?

The Shaykh : When do you want to mention or summarize regarding divorce? In the prayer, everything is correct. The correct view is as I said: if it becomes a new beginning, the first one has gone with its conditions and attributes. And if it is a repetition of the first, such as annulment (faskh) or taking back the wife (raj'ah), then the attribute...

The questioner : And this last one, O Shaykh.

The Shaykh : By Allah, this last one is a pause, because all the instructions are strong.

The questioner : There is not.

The Shaykh : What are we? This is the criterion: if the return of the thing is based on the first contract, the attribute returns. And if it is by the beginning of a new contract, it does not return.