Musannaf Ibn Abi Shaybah

Hazrat Abdur Rahman bin Abi Laila narrates that I was present with Hazrat Umar (may Allah be pleased with him) when he gave a choice to a man who had gone missing and whose wife had remarried: he could either take his wife back or take back the dowry (mahr) he had given to the woman.

Hazrat Umar and Hazrat Usman (may Allah be pleased with them) say that when a woman's husband returns, she will have the choice between her husband and the dowry that was given.

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.

Hazrat Ata bin Saib narrates that a man came to Ibrahim and said that a woman received news of her husband's death and she got married, but later a letter arrived stating that he was alive. Ibrahim said that when he comes, he should stay away from his wife. Then, if he wishes, he may take back the dowry and the woman will remain in her current state, and if he chooses the woman, then after the waiting period, she will be his wife. However, she must receive the dowry from the second husband. The man asked, "Can I act as an agent (wakil) for this woman?" He replied, "Yes, but do not go to her without her permission."

Sayyidah Sahiyah bint Umair Shaybaniyah says that I received news of my husband's death in Qandabeel. Later, I married Abbas bin Tarif, who was the brother of Banu Qais. Afterwards, my first husband also returned. We went to ask about the issue from Hazrat Uthman bin Affan, at that time he was besieged. He said, "How can I decide between you in this situation?" We said, "We are pleased with your decision." He gave the husband the choice between the dowry and the woman. When Hazrat Uthman was martyred, we went to Hazrat Ali (may Allah be pleased with him) and narrated the whole incident. He also gave the first husband the choice between the dowry and the woman. So, he chose the dowry and took two thousand each from me and the second husband.

Hazrat Sha'bi says that the wife who married while her husband was missing will be considered the first wife if the husband returns.

Hazrat Qasim bin Muhammad narrates that a case was brought before Hazrat Abdullah bin Zubair (may Allah be pleased with him) in which a woman received news of her husband's death and got married. Then her first husband returned. Hazrat Abdullah bin Zubair decided that the first husband would be given the choice: if he wished, he could take back his wife, and if he wished, he could take back the dowry he had given. Hazrat Umar bin Hamza narrates that Hazrat Qasim also used to say the same.

Hazrat Humaid bin Abdur Rahman narrates that Hazrat Umar (may Allah be pleased with him) gave the choice of dowry and wife to the man who had gone missing and whose wife had married someone else. He chose the dowry, and Hazrat Umar made that wealth obligatory upon the second husband. Hazrat Humaid says that he went to the woman regarding whom this decision was made, and she said that she had helped the second husband through a girl.