Musannaf Ibn Abi Shaybah

Hazrat Mak'hool (may Allah have mercy on him) says that a woman was married during her waiting period ('iddah). Hazrat Umar (may Allah be pleased with him) separated the two and deposited the woman's dowry (mahr) into the public treasury (Bayt al-Mal). Hazrat Zuhri (may Allah have mercy on him) says that the dowry should not go to the public treasury; it is the compensation for her private part.

18077 - [(و) (١) قال الزهري: لم يكن صداقها في بيت المال] (2), it is because of what he has done with her private part.

Hazrat Sha'bi (may Allah have mercy on him) narrates that a woman was married during her waiting period ('iddah). Hazrat Umar (may Allah be pleased with him) separated the two and deposited the woman's dowry into the public treasury (Bayt al-Mal). Hazrat Ali (may Allah be pleased with him) says that the two will be separated, but the dowry will be compensation for making the private parts lawful.

18079 - And Ali said: They are to be separated between them] (1), and she is entitled to the dowry for what he has made lawful of her private part (2).

Hazrat Saeed bin Musayyib (may Allah have mercy on him) says that separation will be made between the two, but the dowry will be the compensation for making the private parts lawful.

Hazrat Sulaiman bin Yasar (may Allah have mercy on him) says that separation will be made between the two, and the dowry will be deposited in the public treasury (Bait-ul-Mal).

Ibrahim (may Allah have mercy on him) says that in every invalid marriage, such as a woman marrying during her waiting period (‘iddah), etc., if the man has intercourse with the wife in such marriages, the woman will receive the dowry, but separation will be enforced between the two.

Hazrat Hakam (may Allah have mercy on him) says that separation will be established between the two. However, due to making the private part lawful, the woman will receive the dowry.

Hazrat Masruq (may Allah have mercy on him) narrates that a woman got married during her waiting period (‘iddah), so Hazrat Umar (may Allah be pleased with him) ruled that as long as they are alive, separation should be enforced between them and her dowry should be deposited in the public treasury (Bayt al-Mal). And he said that their marriage was unlawful and the dowry was also unlawful. Hazrat Ali (may Allah be pleased with him) says that separation should be enforced between the two, then the woman should complete the remaining waiting period of her first husband, then observe the waiting period of three menstrual cycles, and because her private part was made lawful, she will receive the dowry. Then if the man wishes, he may send her a marriage proposal again.

18085 - And Ali judged in it that they should be separated, and she should observe the waiting period for what remained from the first husband ⦗492⦘, then she should observe three menstrual cycles, and she is entitled to the dowry for what was made lawful of her private part, then if he wishes, he may propose to her after that (2).