Qays when her husband, Abu 'Amr ibn Hafs, divorced her with the final of three pronouncements. He ordered her to observe her 'Iddah in the house of Ibn Umm Maktum and said to her: "When you have become lawful [for marriage], then inform me." When she became lawful, he proposed for her to Usamah ibn Zayd, his freedman, and he married her to him. As for the [irreversibly] divorced woman, there is no disagreement [regarding the permissibility of hinting at marriage to her].
Authentic (Sahih). Narrated by Muslim in (Al-Talaq, H/36, 47, 6/74, 75), Ahmad (6/412), Ibn 'Asakir in "Al-Tarikh" (2/396), al-Baghawi (7/111), Talkhis (3/151), Shafa' (1538), al-Kanz (27965), and al-Fath (9/179).
: 2332: And similar to this: 2: Tafsir Ibn Kathir: (1/287).
440: 2333: That: 1: Tafsir Ibn Kathir (1/287) and al-Thawri (p. 70).
: 2336: In love: 2: The previous source for Ibn Kathir in similar wording.
441: 2338: Inform me: 1: Tafsir Ibn Kathir: (1/287).
: 2340: Similar to that: 2: Ibn Kathir said: The scholars reached a consensus that a marriage contract is not valid during the period of 'Iddah. They differed regarding a man who marries a woman during her 'Iddah and then consummates the marriage with her; he must be separated from her. Is she forbidden to him forever? There are two opinions.
The majority hold that she is not forbidden to him, rather he may propose to her once her 'Iddah has concluded.
Imam Malik held the view that she is forbidden to him forever, and he argued in this regard based on what he narrated from Ibn Shihab and Sulayman ibn Yasar that 'Umar—may Allah be pleased with him—said: "Any woman who marries during her 'Iddah, if the husband who married her has not consummated with her, they are to be separated, and she shall then observe the remainder of her 'Iddah from her first husband, and he [the second husband] is to be considered one of the suitors. If he has consummated with her, they are to be separated, and she shall observe the remainder of her 'Iddah from the first husband, then observe an 'Iddah from the second one, and then he may never marry her."
