to polytheistic men until they believe.”

Thus, He addressed men concerning giving women in marriage. For this reason, some of the early generations said: “A woman does not give herself in marriage; it is the prostitute who gives herself in marriage.”

However, if he believed this marriage to be lawful, intercourse within it was intercourse under a mistaken belief in its lawfulness. The child’s paternity is established, and the child inherits from his father. As for punishment, both deserve punishment for entering into such a contract.

He—may Allah have mercy on him—was asked:

A man married a woman “by a handshake,” and she stayed with him for several days. It then emerged that she had another husband. The husband, the wife, and her first husband were brought in, and she was asked, “Do you want the first or the second?”

She replied, “I want only the second husband.” The first then divorced her, and she was ordered to complete the waiting period following her separation from him. The husband remained with her. Is this valid for her or not?

He answered:

If she married the second man before completing the waiting period following her separation from the first, and the first had parted from her—whether because his marriage was invalid, because he divorced her, or because a judge separated them—then her marriage is invalid. She, he, and whoever gave her in marriage all deserve punishment.

Rather, she must complete the waiting period following her separation from the first. Then, if the second has had intercourse with her, she must observe another waiting period on his account. Once both waiting periods have ended, she may marry whomever she wishes: the first, the second, or someone else.