from the second [marriage], and the waiting period of the second takes precedence over the waiting period of the first. Once she completes it, she commences the completion of the waiting period of the first, and he has the right at that time to return her; because she is in his waiting period. If he wishes to return her while she is pregnant, there are two perspectives: one is that he does not have that right; because she is not in his waiting period and she is forbidden to him, so she is like a stranger or a woman who has apostatized. The second is that he has the right to return her; because her waiting period from him has not expired, and her prohibition does not prevent her return, just like a woman who is forbidden [temporarily].

Section: If a man marries a woman who has a child from another [man], and her child dies, then Ahmad said: He must distance himself from his wife until she has one menstrual cycle. This is narrated from Ali ibn Abi Talib, his son al-Hasan, and something similar from Umar ibn al-Khattab, and from al-Husayn ibn Ali, and al-Sa'b ibn Jaththamah. This is also the position of 'Ata', Umar ibn 'Abd al-'Aziz, al-Nakha'i, Malik, Ishaq, and Abu 'Ubayd. Umar ibn 'Abd al-'Aziz said: He shall not approach her until he examines whether she is pregnant or not. They only said this because if she were pregnant at the time of his [the deceased's] death, her fetus would inherit from him; but if the pregnancy occurred after his death, it would not inherit from him. If the deceased had a child, a father, or a grandfather, there is no need to seek clarification of her state; because the [fetus] would have no inheritance. If she were pregnant and her pregnancy was evident, there is no need to seek clarification; because the pregnancy is known. If she were past the age of childbearing, there is no need to seek clarification; due to the hopelessness of her being pregnant. If she were of those who could be pregnant, and there was no evident pregnancy, and her husband did not distance himself from her, and she gave birth to a child before six months, it inherits. But if she gave birth to it after six months from the time he had intercourse with her after the death of her child, it does not inherit; because we are not certain of its existence at the time of his death. This is narrated from Sufyan, and it is the qiyas (analogy) of Shafi'i's position.