Is a woman's marriage to another man and her bearing children from him considered void if her first husband had legally contracted with her and then abandoned her without divorcing her?
A mere separation of the wife from her husband does not constitute a divorce. Therefore, if a man marries a woman whose first husband has not divorced her, nor has a شرعي (Shar'i) divorce been decreed, then his marriage is invalid, and he must separate from her. This woman is not permissible for the second husband until the first husband divorces her, or dies, or a divorce is decreed for him, and her ' (waiting period) ends. As for the children, if the first husband has not consummated the marriage with her, the children are attributed to the second husband if he believed the marriage to be valid. However, if the first husband has consummated the marriage with her, then it is necessary to refer to the detailed ruling in no. 79505. The matter must be brought before the Shar'i courts to consider this complex issue.
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