Nikah with the First Husband Without a Divorce from the Second Husband

Question

Zayd gave his wife a talaq ba’in (irrevocable divorce), and the divorced woman, after a month and three quarters, contracted nikah with ‘Amr. A few days after that she went to her first husband, Zayd, and three sons were born of Zayd. Now Zayd says: “I want to keep this woman, having made her lawful according to the noble Shari‘a.” Therefore let the scholars of religion state the way to do this, with references to reliable books.

Answer

Without obtaining a divorce from ‘Amr, a nikah with Zayd cannot take place. The relationship that there was with Zayd during this period is absolutely haram and is zina, and the lineage (nasab) of these three sons is likewise not established from Zayd according to the Shari‘a. Within a month and three quarters the ‘idda of divorce (three menstrual periods) can pass.

Source: Fatawa Mahmudiyya

Preview. The full text opens with JavaScript enabled.