Is a wife permissible for a man who divorced her three times, and she married another man and consummated the marriage with him, then she was divorced by him after one day at her request, even though she swore she had no intention of making herself permissible (for her first husband), and she got married without a guardian?
If a man marries a woman out of desire, and neither stipulates nor intends to make her lawful (for her first husband), then his marriage makes her lawful for her first husband after her divorce from him. The woman's intention in this regard is not considered. If the woman intends to make herself lawful without the husband intending it, this does not affect the contract.
However, if a woman marries without a guardian, her marriage is invalid according to the majority of scholars, and therefore it does not make her lawful for her first husband. It is stipulated that the marriage must be valid for the intercourse therein to make her lawful. As for the opinion of those who permit a mature woman to marry herself off, the marriage is valid, and the first husband may marry her after her waiting period has ended.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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