marries her with a valid marriage, not intending by it to make her lawful [for the first husband], then there is no harm in the first husband marrying her. Ibn al-Mundhir said: We do not know anyone among the scholars who held this opinion of Sa'id ibn al-Musayyab, except the Khawarij, who took the literal meaning of His saying, Exalted is He: "until she has married another husband." With the Prophet (peace and blessings of Allah be upon him) having explicitly clarified the meaning intended from the Book of Allah, the Exalted, and that she is not lawful for the first until the second has tasted her sweetness and she has tasted his sweetness, nothing else is to be considered, nor is it permissible for anyone to adopt any other view, given that this is the consensus of the body of scholars, including Ali ibn Abi Talib, Ibn Umar, Ibn Abbas, Jabir, and Aisha, may Allah be pleased with them. Among those who came after them are Masruq, al-Zuhri, Malik, the people of Madinah, al-Thawri, the followers of reasoning (Ashab al-Ra'y), al-Awza'i, the people of al-Sham, al-Shafi'i, Abu Ubaydah, and others.

Section: For her to be lawful for the first husband, three conditions are stipulated. The first is that she marries a husband other than him. If she were a slave woman and her master had sexual intercourse with her, he does not render her lawful, due to the saying of Allah, the Exalted: "until she has married another husband." This person is not a husband. If she is having intercourse by way of doubt (shubhah), she is not permitted, for the reason we have mentioned. If she were a slave woman and her divorcer asked her to wait through her menstrual period (istabra'aha), it is not lawful for him to have intercourse with her, according to the opinion of most scholars. Some of the followers of al-Shafi'i said: She is lawful for him, because divorce is specific to the marital state, so it had an effect in the prohibition through it. The saying of Allah, the Exalted: "Then she is not lawful unto him thereafter until she has married another husband" is explicit in her prohibition, so no reliance is placed on what contradicts it, and because the private part cannot be both prohibited and permitted simultaneously; thus, this argument falls away. The second condition is that the marriage must be valid; if it is corrupt (fasid), intercourse within it does not render her lawful. This is the opinion of al-Hasan, al-Sha'bi, Hammad, Malik, al-Thawri, al-Awza'i, Ishaq, Abu Ubayd, the followers of reasoning, and al-Shafi'i in his later (jadid) view. He said in his earlier (qadim) view that it does render her lawful, which is also the opinion of al-Hakam. Abu al-Khattab derived this as an opinion in the school of thought, because he is a husband, so he enters into the generality of the text, and because the Prophet (peace and blessings of Allah be upon him) cursed the one who marries to make her lawful (muhallil) and the one for whom she is made lawful (muhallal lahu), so he named him a muhallil despite the corruption of his marriage.