the marriage is invalid. If he repents and begins to pray, the marriage contract must be renewed; otherwise, he must pronounce divorce and the woman must observe a waiting period. This is because someone may say, “I do not hold that one who abandons the prayer is an unbeliever,” in which case the marriage is valid in his view. Therefore, there must be a legally valid divorce, so that the way is open for anyone who wishes to propose to her anew.

In short, an invalid marriage is treated like a valid one as a precaution. For if we were to say that it is treated like a void marriage, and a dispute arose and the matter was brought before a judge who ruled the marriage valid, a contradiction would result. Moreover, if we separated her from her husband in an invalid marriage, some unease would remain in our hearts because of the contrary view held by other scholars: perhaps the correct view is theirs, in which case our separating them would have been mistaken, and she would not thereafter be lawful for other husbands. For this reason, we have attached the invalid marriage to the valid one by way of precaution.

His statement, “If it is void by unanimous agreement, she does not observe a waiting period on account of death”: if the marriage is void by agreement—that is, by scholarly consensus—it is called a void marriage, whereas a marriage concerning which there is disagreement is called an invalid marriage. If the marriage is void, the author says, “She does not observe a waiting period on account of death.” However, if he had intercourse with her, she must observe a waiting period because of that intercourse, and she is also entitled to the bridal due.

His statement, “She does not observe a waiting period on account of death,” applies even more so in the case of separation during his lifetime. The author’s wording may give the beginning student the impression that if she does not observe a waiting period on account of death, then she does observe one when he is alive. But this is not so: if she does not observe a waiting period on account of death, then this is even more clearly the case when he is alive. Thus, had the author—may Allah have mercy on him—said, “She has no waiting period,” it would have been better and clearer. In short, if the contract is void, she does not observe a waiting period;