Musannaf Ibn Abi Shaybah 19208
✧ Regarding a man who divorces his wife and she menstruates one or two menstruations
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حَدَّثَنَا عَبْدُ الْأَعْلَى قَالَ:
سُئِلَ سَعِيدٌ عَنْ رَجُلٍ تَزَوَّجَ امْرَأَةً فِي عِدَّتِهَا ثُمَّ عَلِمَ أَنَّهُ تَزَوَّجَهَا فِي عِدَّتِهَا، وَقَدِ انْقَضَتْ عِدَّتُهَا عِنْدَهُ، هَلْ لِزَوْجِهَا الْأَوَّلِ عَلَيْهَا رَجْعَةٌ ؟ فَحَدَّثَنَا عَنْ عَلِيِّ بْنِ الْحَكَمِ عَنْ مُحَمَّدِ بْنِ زَيْدٍ عَنْ سَعِيدِ بْنِ جُبَيْرٍ أَنَّهُ قَالَ: يُفَرَّقُ بَيْنَهُمَا وَلَا رَجْعَةَ [لَهُ] [١]عَلَيْهَا؛ لِأَنَّ عِدَّتَهَا قَدِ انْقَضَتْ عِنْدَ هَذَا
Translation
Machine translation, not reviewed
Sa'id was asked about a man who married a woman during her waiting period, then learned that he had married her during her waiting period, and her waiting period had ended while she was with him. Does her first husband have a right of return to her? He narrated to us from 'Ali ibn al-Hakam, from Muhammad ibn Zayd, from Sa'id ibn Jubayr that he said: They are separated, and he has no right of return to her, because her waiting period ended while she was with this one.
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