Musannaf Ibn Abi Shaybah

Hazrat Sha’bi narrates that Hazrat Umar bin Khattab (may Allah be pleased with him) was asked about a man who went missing, and news of his death reached his wife, so she completed her waiting period (‘iddah) and married someone else. Then the first husband returned. What is the ruling? Hazrat Umar (may Allah be pleased with him) said that the first husband should be given the choice between the dowry (mahr) and the woman. If he chooses the dowry, the woman will remain with the second husband, and if he wishes, he may take back his wife. Hazrat Ali (may Allah be pleased with him) said that the woman will receive the dowry from the second husband, and separation will be established between them. Then she will complete the waiting period of three menstrual cycles (‘iddah) and will be returned to the first husband.