Ruling on a woman’s marriage before the completion of her waiting period

The following letter is also on the topic of divorce. It was sent by one of the sisters who referred to herself as “the daughter of so-and-so,” and she sent her message via what they call the express mail. She says: “Peace be upon you, and Allah’s mercy and blessings. I request that my letter be presented to the Shaykh, may Allah preserve him, ‘Abd al-Razzaq ibn Baz. She says: I am a married woman, and a divorce occurred between me and my husband for the final time. Then they asked and were informed that it is permissible and the divorce did not take effect—this is how she expresses it, may Allah preserve the Shaykh—because he was in a state of anger. I returned to my husband, and life continued between us for a year. Then I learned that the divorce of one who loses consciousness does not take effect, and my husband did not lose consciousness. After I learned this, I went to my family, and he did not write me a divorce paper. My husband said to me: “You do not need a divorce paper, as long as we know that our cohabitation was not valid.” Then he said to me: “If Allah wills, and you marry and are divorced, I will take you back.” It happened that I actually married and was divorced from my last husband, and he took her back. But she complains about the method I used, as she did not stay but twenty days in the waiting period. She requests guidance from the Shaykh, may Allah preserve him. May Allah reward you with good?”
Answer: It is obligatory that he not marry her until after the waiting period. If he married her while she was in the waiting period of the second husband, the marriage is invalid; because Allah says: [al-Baqarah: 235], meaning: until she completes the waiting period. This is a matter on which the scholars have agreed. If she married the second husband in a lawful marriage, not with the intention of making her permissible, but in a lawful marriage, and the second husband had intercourse with her, then the first husband is not allowed to marry her until she exits the waiting period with three menstrual cycles if she menstruates, or with three months if she does not menstruate.
The conclusion is that this marriage is invalid if it occurred during the waiting period. He must avoid her and be patient until she completes the waiting period. If she completes it, he renews the marriage contract from the beginning, with repentance and seeking forgiveness. Both of them must repent to Allah, Glorified and Exalted is He. This is if the final divorce, the third one, has actually occurred. But if it has not occurred, because at the time of the divorce his anger was intense, clearly and evidently, due to the severe cause of the dispute, or cursing, or striking, then it does not take effect according to the correct opinion, and he does not need a second marriage.
But since she has married, he is not allowed to marry her until she exits the waiting period; because the second husband has his sanctity, and he married her in a lawful marriage after her waiting period from the first. This is if the second husband married her after the waiting period, meaning after she exited the waiting period of the first. In that case, his marriage is valid if it was not with the intention of making her permissible, but out of desire. Then if he also had intercourse with her, she becomes permissible for the first husband according to the opinion that the third divorce took effect. She becomes permissible for him when she completes the waiting period. As for her marriage during the waiting period, it is not valid. He must repent to Allah, and she must repent to Allah. When she is free from the waiting period, he marries her after that. She must complete the waiting period of the first, and she must complete the waiting period from the second who had intercourse with her without right. If he had intercourse with her through this new, invalid marriage, she must complete the waiting period from the first, and she must complete the waiting period from the second in a lawful manner with three menstrual cycles as well, and then he marries her after that.
There is another opinion in this: that her waiting period from the second is not obligatory, because the fluid is his if she becomes pregnant. She only has to complete the waiting period from the first. This is a known matter among the scholars. So she must complete the waiting period ...... from the first. Then if she completes the waiting period from the second, that is good. And if she married during the waiting period of the second, because the fluid is his, there is no harm in a lawful marriage.
As for her marriage during the waiting period of the first, it is not valid, as mentioned before. Yes.
Both of them must return to the court regarding what is unclear to them. Both of them must return to the court regarding what is unclear to them.
The presenter: She says: She is now living with the last husband for eight years, despite the confusion that occurred between her and her husbands.
The Shaykh: How?
The presenter: She says: She is living with the last husband...
The Shaykh: Read her first statement.
The presenter: And even the second husband did not know what was in my heart, and I sat with him for two days, and intercourse occurred between us twice. A dispute occurred, but it was not intentional on my part. He said: “It is forbidden from my family,” and he repeated it a second time, and I made this word an excuse and asked him for divorce, but he did not agree. I divorced him through the court, then I completed the waiting period of three months and ten days, and then I returned to my first husband. I am now living with him for eight years, and Allah has blessed us with a son. I did not know all these things until now, after I had been with him for this period. I am now confused about my situation. Is my cohabitation with him valid or not valid?
The Shaykh: She and her husband must review the case with the court so that the court can look into the matter. Yes.