According to the view of Abu al-Khattab, if we rule that the separation occurs by the judge’s decree both ostensibly and in reality, she inherits from the second husband and he inherits from her, and she does not inherit from the first nor does he inherit from her; [if we do not rule that the separation occurs in reality, she inherits from the first and he inherits from her, and she does not inherit from the second nor does he inherit from her]. As for her waiting period (iddah) from both of them: whoever she inherits from, she observes the waiting period for his death (iddat al-wafah). If the second dies in a situation where she does not inherit from him, the text narrated from Ahmad is that she observes the waiting period for death as in an invalid marriage (nikah fasid). Therefore, according to this, she must observe the waiting period for death upon his demise, and this is the choice of Abu Bakr. Ibn Hamid said: She does not have to observe the waiting period for his death; rather, she observes the waiting period from his intercourse (wat') of three menstrual cycles (quru'). If both die together, she observes the waiting period for each of them, starting with the waiting period of the first; when she completes it, she observes the waiting period for the latter. If the first dies first, the situation is the same; if the second dies first, she begins with his waiting period, and if the first dies, the second's waiting period is interrupted, then she begins the waiting period for the first, and when she completes it, she finishes the waiting period of the second. If the death of one is known but the time of the other's death is unknown, or the death of both is unknown, she must observe two waiting periods from the time she becomes certain of their death, and she begins with the waiting period of the first, because he is earlier and has priority. If she is pregnant, the waiting period of the second ends with the delivery of the fetus because the child is from him; then, she begins thereafter the waiting period for death, which is four months and ten days.

Section: If the wife of a missing person (mafqud) marries at a time when she is not permitted to do so—such as if she marries before the expiration of the period after which marriage is permitted, or if the absence of her husband was ostensibly due to safety, or similar cases—then her marriage is void. The Qadi said: If it is revealed that her husband had indeed died and her waiting period from him had expired, or that he had separated from her and her waiting period had expired, then regarding the validity of her marriage, there are two views. One view is that it is valid, because she is not in a marriage or a waiting period, so her marriage is valid, just as if she had known that fact. The second view is that it is not valid, because she believes her marriage is prohibited and void. The basis for this is someone who sells an item in his possession that he believes belongs to the person he inherits from, but it turns out the person he inherits from is dead and the item is rightfully his by inheritance; is the sale valid? There are two views regarding this. It is the same here. The school of al-Shafi'i holds a similar position. As for us, she married during a period in which the Law (Shari'a) prohibited her from marrying, so it is not valid, just as if a woman observing a waiting period were to marry during her waiting period, or one who is in doubt (al-murtaba) before her doubt is resolved.