and consummated the marriage with her, and she became pregnant by him. The judge learned that the first husband was still alive and separated them. She gave birth to the second husband’s child, and the second husband continued supporting her until the child was four years old. The first husband has neither returned nor been located. May she return to the second husband, or must she wait for the first?

He replied:

If maintenance cannot be obtained from him, she is entitled to have the marriage annulled. Once her waiting period has ended, she may marry someone else. Annulment falls within the judge’s authority. If she annuls the marriage herself because annulment by the judge is unobtainable, or otherwise, the matter is disputed.

If, however, the judge did not annul the marriage, but instead testimony was given to her that her husband had died, and she married on that basis when her husband had not died, the marriage is invalid. Nevertheless, if the second husband believed it valid because he supposed that the first husband had died and the marriage had been dissolved, or for a similar reason, the child is legally attributed to him, he must pay the dowry, and he is not subject to the prescribed punishment. She must, however, complete the waiting period arising from her union with him. After that, the marriage to the first husband is to be dissolved, if possible, and she may marry whomever she wishes.

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

About a man who married his daughter to another man. The husband wished to travel to his homeland, but the father’s agent in accepting the marriage contract told him: “Do not travel. Either pay the immediately payable portion of the dowry and take your wife with you, or obtain the father’s consent.” He travelled without complying, and he has been absent