Nikah during the ‘idda after talaq, followed by renewal of the former nikah

Question

Question: A man gave his wife three irrevocable (ba’in) talaqs. Then another man, within the ‘idda, contracted nikah with the divorced woman and regularly had intercourse with her, and the woman always lived with him, so that she remained in his nikah for four menstrual periods (hayd). After five menstrual periods the man renewed the nikah. Is the second nikah valid? And was the nikah within the ‘idda a sin, and therefore what should its punishment be according to the Shari‘a?

Answer

You have not written with which word he gave three irrevocable (ba’in) talaqs; therefore no definitive ruling regarding ba’in and mughallaza is written in the answer, and only the ruling of your supposed case (the occurrence of mughallaza) is set out. If the major (mughallaza) divorce had taken effect, then it was wajib upon the woman (provided she was madkhula, i.e.

Source: Fatawa Mahmudiyya

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