The World Federation One Stop Fiqh

Ruling 2481

If a wife is certain (i.e. she has yaqīn) that her husband has died on a journey, and after the completion of the ʿiddah of a widow – the duration of which will be explained in the rulings pertaining to divorce – she marries another man, and then her first husband returns from his journey, then in such a case, she must separate from her second husband and she will be considered lawful for her first husband. However, if her second husband had sexual intercourse with her, she must observe the ʿiddah of intercourse that has ensued from a mistake, which is the same length of time as the ʿiddah of divorce. During the period of her ʿiddah, her first husband must not have sexual intercourse with her but deriving other forms of sexual pleasure is permitted. Furthermore, her maintenance is the responsibility of her first husband, and her second husband must give her a dowry that is accordant with that of women like her.