He—may Allah have mercy on him—was asked:
A man married a woman three years ago and was blessed with a child by her, now two years old. She stated that when she married him, she had experienced only two menstrual periods, and her husband accepted her account. He had divorced her a second time under this same marriage contract. Does divorce take effect under this annulled contract?
He replied:
If the husband accepts her statement that she married before her third menstrual period, the marriage is invalid, and he must separate from her. She must complete her waiting period from the first husband and then observe a waiting period on account of intercourse with the second husband. If she had experienced her third menstrual period before the second husband had intercourse with her, her waiting period from the first husband had ended. Then, when the second husband separates from her, she must observe a waiting period of three menstrual periods on his account, after which she may marry whomever she wishes under a new marriage contract. His child is legitimate and is legally attributed to him, even if the child was born of intercourse under an invalid marriage contract whose invalidity was unknown.