What is the ruling regarding a wife returning to her first husband after marrying another man, under the assumption that her first husband was an unbeliever, and then realizing the invalidity of this belief?
The ruling of disbelief (kufr) upon a Muslim is a serious matter, and its reference point is the Shari'ah, not people's whims. Scholars have clarified the reasons necessitating disbelief and its parameters, which depend on the fulfillment of conditions and the absence of impediments.
If the man is a Muslim, the ruling of disbelief upon him by these individuals does not change the reality. The woman remains under his marital bond, and her separation from him is of no consequence, because it is based on falsehood, and what is built upon falsehood is null and void. Consequently, the second marriage and its stipulated conditions are invalid.
Her second husband must not have intercourse with her until she has purified herself with one menstrual cycle. A void contract is as if it never existed. Therefore, there is no waiting period () of three menstrual cycles except for a divorced woman only.
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