has remarried, he may find himself unwilling to have her and feel disdain for her. He may say, “She is the one who made herself available to me; I do not want her.” Or he may say, “I still desire her, but this man—the second husband—has become attached to her by marrying her, and she too will generally have become attached to him, so I will leave her with him.” Thus, the correct view is that he is to be given the choice without qualification.
As for her dowry from the first husband, the author says: “He takes from the second husband the amount of the dowry he gave her.” That is, the first husband takes from the second husband an amount equal to the dowry he gave her. For example, this missing man had married her for one hundred riyals, then disappeared. She married another man, and then the first husband returned and said, “I do not want her.” We say: She remains with the second husband, and the first husband may demand from the second husband the dowry he gave her—one hundred riyals—because her dowry represents her value, and the second husband has deprived him of her; he must therefore guarantee her value and pay him the one hundred riyals.
Thus, the first husband is given the choice between the woman and her dowry. But suppose the first husband says, “If you are going to give me only one hundred riyals, then I want my wife, because one hundred riyals are worth nothing now.” We say to him: The choice is yours; but if he chooses for her to remain with the second husband, he is entitled only to his dowry. Accordingly, the first husband must be discerning in jurisprudence: if he chooses for her to remain with the second husband, and then we tell him, “You are entitled only to your dowry,” and he says, “I want her,” he will not be granted that, because once he chose for her to remain with the second husband, she became the latter’s wife under a ratified marriage contract, even if they were still in the same sitting. For a marriage contract does not entail an option to rescind during the sitting. Thus, he takes from the second husband an amount equal to the dowry he gave her. May the second husband seek recourse against the woman? The author says: