and a further ten days from the date of her husband’s death, within which she will have completed three menstrual cycles. This is the distilled judgment of the school. According to ʿUmar, however, once the four months and ten days have elapsed she must then begin a fresh set of three cycles.
If the man who married her during her waiting period knew the union was unlawful and nevertheless had intercourse with her, one opinion declares him a fornicator, subject to the prescribed ḥadd; the child is not affiliated to him, yet he may marry her once her ʿiddah is over. A second opinion—regarded by the majority of Mālik’s associates as the definitive position—holds that the ḥadd is waived, the dower remains due to her, the child is attributed to him, they are separated, and he can never marry her again.
Should a woman who was married while still in ʿiddah give birth to a child less than six months after the second contract, the couple are separated, she is never lawful for him, and he may reclaim the dower, leaving her a quarter-dinar if he had been unaware of her waiting period, for she knew and deceived him. If he knew she was in ʿiddah but was ignorant of the prohibition, she keeps the full dower for the intimacy he enjoyed. If he knowingly violated the prohibition, then—according to one of Mālik’s two views—he is treated as a fornicator. In every scenario, the child is ascribed to the first husband; if he denies paternity they engage in mutual imprecation (liʿān), whose rulings will be set out in the chapter on liʿān.
A shighār marriage is null and void in every case, whether before or after consummation. Shighār occurs when a man gives a woman under his guardianship in marriage on condition that another man do the same, with no dower for either woman. The ruling is identical for male and female slaves as for free persons: the marriage is annulled even if a long time has passed. If consummation has taken place with one of the women, she is entitled, in addition to the annulment, to a dower equal to that of her peers.
Reports from Mālik differ on whether this annulment counts as a divorce; both views are transmitted. If there has been no consummation, she receives nothing once the marriage is annulled. Likewise, if someone says, “I marry my daughter to you for one hundred on condition that you marry your daughter to me for one hundred,” or anything similar, the marriage is annulled for both couples before consummation.