for both husbands together, contrary to what is reported from ‘Umar ibn al-Khattāb—may Allah Most High be pleased with him—that she completes the remainder of her waiting period from the first husband, then observes a waiting period for the second.

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There are four opinions on whether she becomes permanently unlawful for him when the marriage is annulled. The first is that she does not become unlawful for him, whether or not he had intercourse with her. This is Ibn Nāfi‘’s opinion and what he reports from ‘Abd al-‘Azīz ibn Abī Salama. It differs from the apparent meaning of what Sahnūn relates from the latter in al-Mudawwana, where he says: “Mālik and ‘Abd al-‘Azīz said: ‘He is in the same position as someone who contracted marriage during the waiting period and had intercourse during it.’” ‘Abd al-‘Azīz’s statement in al-Mudawwana has also been interpreted as differing from Mālik’s position there—may Allah Most High have mercy on him—and agreeing with Ibn Nāfi‘’s report from him. This interpretation is possible, but the first reading is more apparent.

The second opinion is that she becomes unlawful for him if he had intercourse with her during the waiting period. This is the opinion of al-Mughīra and others in al-Mudawwana. The third is that she becomes unlawful for him if he had intercourse with her, whether during the waiting period or afterwards. This is Mālik’s opinion in al-Mudawwana and the apparent meaning of ‘Abd al-‘Azīz’s statement there, as we have explained. The fourth is that the marriage contract alone makes her unlawful for him, even without intercourse. ‘Abd al-Wahhāb related this opinion without naming its proponent.

There are also two opinions on whether kissing and intimate physical contact during the waiting period have the same effect as intercourse during it. According to al-Mudawwana, they do, making her permanently unlawful for him. ‘Īsā, however, reported from Ibn al-Qāsim that she does not become unlawful through such acts. He said: “Given the disagreement over intercourse itself, how much more so with kissing and intimate physical contact!”

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The waiting periods following divorce and a husband’s death are alike in this respect, provided that the divorce is irrevocable, whether through divorce for compensation or a final divorce. There is disagreement, however, when the divorce is revocable. Al-Mudawwana records, from someone other than Ibn al-Qāsim, that a man who marries her is marrying a woman during her waiting period. It has also been said that Ibn al-Qāsim’s position is that a man who marries her during this period is like someone who marries a woman still bound by marriage, since the ties of marriage remain between her and her husband, including mutual inheritance, maintenance, and the like. I believe this is found in the original text of al-Asadiyya.

A third opinion might also be proposed in this matter: if her husband takes her back, the other man is not considered to have married a woman during her waiting period; but if he does not take her back before the waiting period ends, the other man is considered to have done so. This would be by analogy with Ahmad ibn Muyassar’s statement concerning a Christian woman who embraces Islam while married to a Christian man and then marries during the waiting period: “If the Christian husband does not embrace Islam before