on account of the second man, the first man still has a right over her. The evidence is that, if she gave birth after completing her waiting period on account of the first man, and either man could have fathered the child, the child would be presented to experts in identifying family resemblance. Since the first man retains a right during her waiting period on account of the second, the second may not marry her during that waiting period. This is the best-known position on this question. It is transmitted from the Companions, is Ahmad’s explicit ruling, and is followed by most of his adherents. My grandfather—may Allah have mercy on him—also followed it in his al-Muharrar.

As for the length of the waiting period, we have mentioned two views reported from Ahmad concerning a woman whose marriage has ended through khulʿ (divorce in exchange for compensation). If there is no legally recognized distinction between her and a woman in an invalid marriage—otherwise, it must be said concerning a woman in an invalid marriage: she need only observe one menstrual period, as established by the Sunnah. And Allah knows best.

Shaykh al-Islām—may Allah have mercy on him—was asked about a man who quarrelled with his wife, with a single divorce involved in their marriage. She said to him, “Divorce me.”

He replied, “If you release me from your claims, you are divorced.”

She said, “May Allah release you from the claims women make against men.”

He then said to her, “You are divorced,” believing that he was thereby released from his obligations. He follows the Shāfiʿī school.

He answered:

Yes, he is released from the claims women make against men, provided she is legally competent.