Nikah After Two Menstruations Following a Revocable Talaq

Question

Zayd gave his wife one raj‘i (revocable) talaq. The woman had had only two menstruations (hayd) when the girl’s guardian (wali) married her off a second time, because her family did not know that she had been married. Yet the first nikah, although it was secret, had taken place before two witnesses who know the young man’s family.

Answer

If the first nikah took place before two witnesses with an equal match (kuf’), it was valid. Then, if the raj‘i talaq was given after intercourse, its ‘idda (three menstruations) was obligatory; the second nikah, when only two menstruations had come, was wrong — it is fasid.

Source: Fatawa Mahmudiyya

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