that is newly concluded; but he may not marry her under a new contract while she is observing a waiting period on account of another man. A waiting period on account of another man prevents the initiation of a marriage, but not its continuation. No one may marry a woman observing such a waiting period, whether it results from intercourse under a mistaken belief of lawfulness, an invalid marriage, or even unlawful intercourse. Yet if his wife has intercourse under a mistaken belief of lawfulness or engages in unlawful intercourse, his marriage is not invalidated. Rather, he must refrain from intercourse with her until he establishes that her womb is clear, after which he may resume intercourse with her.

If it is said:
“But this woman is observing a waiting period because of intercourse. Why, then, is he prevented from marrying her during that waiting period?”

The reply is:
First, this has no bearing on the length of the waiting period. Second, neither a revealed text nor scholarly consensus permits every woman observing a waiting period to marry during it. Rather, consensus has been established concerning cases such as a woman separated by khulʿ, since she owes no waiting period on account of anyone other than the man who would marry her.

If, however, she must observe a waiting period on account of another man, then the impediment here is precisely that she is observing a waiting period on account of someone else. This would likewise prevent him from marrying her after her waiting period on his account had ended. He may marry her when she is free of her waiting period, but not when she is observing one on account of another man. Thus, the waiting period neither bars the marriage nor renders it lawful. The absence of one impediment does not make something permissible when another impediment exists. Someone may nevertheless suppose that the waiting period on his account was prescribed to make his marriage contract lawful. This is mistaken.

If, however, the first divorce was revocable, his taking her back during the remainder of her waiting period on his account is just like his taking her back if she had intercourse under a mistaken belief of lawfulness during her waiting period following a revocable divorce. There is no difference between the two cases.