This applies even to an invalid marriage concerning which there is scholarly disagreement. But if it is unanimously deemed void, she does not observe a waiting period on account of his death. Nor is there any waiting period for a woman whom her husband separates from during his lifetime before intercourse and seclusion, or after both of them, or after one of them, if he is not of an age at which someone like him can father a child; nor if she becomes pregnant from her husband’s semen, or if he kisses or touches her without seclusion.

His statement, “This applies even to an invalid marriage,” means that the waiting period is obligatory even in an invalid marriage. The author then explained the invalid marriage by saying:

“Concerning which there is scholarly disagreement.” This clarifies what is meant by invalid, and is what they call an explanatory adjective. This is a broad category: marriages concerning which there is disagreement are not merely one, two, three, or four cases; rather, they are numerous. Examples of invalid marriages include marrying a woman without a guardian. Some scholars hold that such a marriage is valid, maintaining that an adult, sane woman may marry herself off. Another example is marriage without witnesses, or with witnesses who are ascendants or descendants; or marrying a woman who had nursed from his mother only once, or three, four, or five times. Some scholars hold that this establishes prohibition, while others maintain that the number of nursings that establishes prohibition is ten. Another example is marrying the sister of one’s wife while the wife is observing an irrevocable waiting period, or marrying one’s wife’s foster sister. Shaykh al-Islam holds that there is no harm in this, but it is a weak view. The correct view is that combining two foster sisters in marriage is prohibited, as held by the majority of scholars. In short, the disputed issues in this chapter are numerous.

The apparent meaning of the author’s words is that the waiting period is obligatory on account of an invalid marriage, even if the man believes the marriage to be invalid. For example, if someone comes to him after he has contracted the marriage and says, “This marriage is invalid,” and he replies, “She is divorced,” then the waiting period is obligatory, even though he believes the marriage to be void. This is because someone who considers the marriage valid may wish to propose to her, and such a person may not marry her until she has completed her waiting period. For this reason, we say that divorce must be pronounced even in a disputed marriage which you yourself believe to be invalid.

An example of this is a man who marries a woman while he does not pray. The correct view is that