Musannaf 'Abd al-Razzaq 12411
✧ He comes and the other has died
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عَبْدُ الرَّزَّاقِ عَنْ مَعْمَرٍ، عَنِ الْحَسَنِ، وَقَتَادَةَ
فِي الْمَفْقُودِ تَزَوَّجَتِ امْرَأَتُهُ وَهُوَ حَيٌّ، ثُمَّ تُوُفِّيَ الْمَفْقُودُ وَامْرَأَتُهُ عِنْدَ زَوْجِهَا الْآخَرِ، فَلَهَا مَهْرُهَا بِمَا اسْتُحِلَّ مِنْهَا وَتَرِثُ الْأَوَّلَ، وَتَعْتَدُّ مِنْ هَذَا الْآخَرِ عِدَّةَ الطَّلَاقِ، وَتَعْتَدُّ مِنَ الْأَوَّلِ عِدَّةَ الْمُتَوَفَّى عَنْهَا ". قَالَ قَتَادَةُ: " وَتَكُونُ هَذِهِ الْفُرْقَةُ مِنَ الْآخَرِ تَطْلِيقَةً
Translation
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Concerning the missing man whose wife married while he was alive, then the missing man died while his wife was with her other husband. She has her dowry for what was made lawful to him from her, and she inherits from the first. She observes the waiting period of divorce from this other one, and she observes the waiting period of a widow from the first." Qatadah said: "And this separation from the other is a single divorce.
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