the resulting fine is upon both of them, because they are both a cause for its obligation. If they both testified to the death of a man, and his wealth was distributed, then he arrived, he may take whatever he finds of his wealth. For whatever was destroyed or is impossible to recover, he may hold the two witnesses liable, because they are the cause of the seizure of it, and the owner may hold the destroyer liable, because he destroyed his wealth without his permission.

Section: If a man marries a woman in a marriage whose invalidity is agreed upon—such as marrying a woman within his prohibited degrees of marriage (mahram), or a woman in her waiting period (idda) while he knows her status and its prohibition—then his contract has no legal standing. Seclusion (khalwa) with her is like seclusion with a stranger; it does not necessitate a waiting period, and likewise, his death does not necessitate a waiting period of mourning (idda al-wafah). If he has intercourse with her, she must observe a waiting period for his intercourse of three menstrual cycles (quru') from the time he had intercourse with her, regardless of whether he separated from her or died, just as if he had committed adultery with her without a contract. If he marries her in a marriage about which there is disagreement, it is corrupt (fasid). If he dies leaving her, Ja'far ibn Muhammad narrated that she must observe the waiting period of mourning. This is the choice of Abu Bakr. Abu Abd Allah ibn Hamid said: She does not have to observe the waiting period of mourning. This is the school of al-Shafi'i, because it is a marriage that does not establish lawfulness, so it resembles the void one. According to this view, if it was before consummation, she has no waiting period, and if it was after it, she must observe three menstrual cycles. The reasoning for the first view is that it is a marriage to which lineage is attached, so the waiting period of mourning is required by it, like a valid marriage, and it differs from the void one in that lineage is not attached to that. If he separated from her during his lifetime after consummation, she must observe a waiting period of three menstrual cycles after his separation, and there is no disagreement regarding this. If it was before seclusion, she has no waiting period, without disagreement, because a woman separated from in life in a valid marriage has no waiting period [without disagreement], so in the corrupt one it is even more applicable. If it was after seclusion but before consummation, the stated position from Ahmad is that she must observe the waiting period, because it follows the path of a valid marriage in the attachment of lineage, and likewise in the waiting period. Al-Shafi'i said: She has no waiting period, for two reasons: First, it is seclusion in an invalid marriage, so it resembles the one whose marriage is void. Second,