Those who held that the missing man, when he returns, is given the choice between her and the dowry, and those who rejected this

It is narrated from Abd al-Rahman bin Abi Layla that a man from the Ansar went out with his people for the Isha prayer, and the jinn took him captive. He went missing, so his wife came to Umar bin al-Khattab (may Allah be pleased with him) and related his story. Umar bin al-Khattab (may Allah be pleased with him) asked his people, and they said: Yes, he went out for the Isha prayer and then he went missing. Umar bin al-Khattab (may Allah be pleased with him) ordered her to wait for four years. When the four years had passed, she came again to Umar bin al-Khattab (may Allah be pleased with him) and informed him, and Umar bin al-Khattab (may Allah be pleased with him) asked them again. They said: Yes. So Umar bin al-Khattab (may Allah be pleased with him) ordered her to marry, and she married. Then her first husband came back, and he brought his dispute about this matter before Umar bin al-Khattab (may Allah be pleased with him). Umar bin al-Khattab (may Allah be pleased with him) said: One of you stays away for a long time, and his family does not know whether he is even alive. He said to Umar bin al-Khattab (may Allah be pleased with him): O Commander of the Believers! I have an excuse. He asked: What is your excuse? He said: I went out for the Isha prayer and the jinn took me captive, and I remained among them for a long time. Then believing, or Muslim, jinn (Sa'id was in doubt about this) attacked them; they fought them and overcame them. They took captives from among them, and they took me captive along with them. Then they said: We consider you a Muslim man, and it is not lawful for us to hold you captive. So they gave me the choice between staying there and returning to my family, and I chose to return to my family. They came along with me; at night they would not speak to me, and by day there was a whirlwind which I followed. Umar bin al-Khattab (may Allah be pleased with him) asked him: What was your food among them? He said: Al-ful (beans), and whatever Allah's name had not been mentioned over. Umar bin al-Khattab (may Allah be pleased with him) said: What was your drink there? He said: Al-jadaf. Qatadah said: Al-jadaf is a drink that is consumed before it becomes intoxicating. Umar bin al-Khattab (may Allah be pleased with him) gave the man the choice between the dowry and his wife. Sa'id said: Matar narrated to me from Abu Nadrah, from Abd al-Rahman bin Abi Layla, from Umar bin al-Khattab (may Allah be pleased with him), the like of Qatadah's hadith, except that Matar added something in it; he said: He ordered her to wait four years, four months and ten days.

It is narrated from Sayyiduna Umar (may Allah be pleased with him) in the same way as Qatadah (may Allah have mercy on him) narrated it from Abu Nadrah (may Allah have mercy on him). Thabit al-Bunani (may Allah have mercy on him) narrated it from Abd al-Rahman bin Abi Layla (may Allah have mercy on him) in abridged form and added in it that Sayyiduna Umar (may Allah be pleased with him) gave him the choice between the dowry and his wife, and he chose the dowry. Hammad (may Allah have mercy on him) said: I think he said that he gave him the dowry from the public treasury (Bayt al-Mal).
Mujahid (may Allah have mercy on him) narrated it from the missing man whom the jinn had taken captive, from Sayyiduna Umar (may Allah be pleased with him). And in the narration of Yunus bin Yazid, from Ibn Shihab (may Allah have mercy on him), from Sa'id bin al-Musayyab (may Allah have mercy on him), from Sayyiduna Umar bin al-Khattab (may Allah be pleased with him), he said concerning the wife of the missing husband: If her husband comes back and she has already married, he is given the choice between his wife and her dowry. If he chooses the dowry, it is owed by her second husband; and if he chooses his wife, she observes the 'iddah until she becomes lawful, then she returns to her first husband, and she is owed her dowry from her second husband because he made her private parts lawful for himself. Ibn Shihab (may Allah have mercy on him) said: Sayyiduna Uthman (may Allah be pleased with him) judged accordingly after Sayyiduna Umar bin al-Khattab (may Allah be pleased with him). And Malik bin Anas (may Allah have mercy on him) used to reject the narration of whoever narrated from Sayyiduna Umar (may Allah be pleased with him) regarding the choice.

Malik (may Allah have mercy on him) narrated to us; he said: I found the people rejecting what some people said from Umar (may Allah be pleased with him), that he said: "Her husband is to be given a choice when he comes": if she has already married, he is to be given the choice between the dowry and the woman. Malik (may Allah have mercy on him) said: When she marries after her 'iddah has ended, then whether he has consummated the marriage with her or not, her first husband has no way to her; and this is the position with us as well. Imam Malik (may Allah have mercy on him) said: If her husband comes before her 'iddah ends, then he has more right to her.

Al-Rabi' (may Allah have mercy on him) informed us: I said to Imam al-Shafi'i (may Allah have mercy on him): Our companion has said: I found people who reject what some people said from Umar (may Allah be pleased with him). Imam al-Shafi'i (may Allah have mercy on him) said: We have seen someone who rejects the whole of Umar's (may Allah be pleased with him) judgement concerning the wife of the missing husband, and he says: This does not resemble the judgements of Umar (may Allah be pleased with him). When trustworthy narrators have reported it from Umar (may Allah be pleased with him), they are not to be accused. In the same way the proof is against you. And how can it be permissible that trustworthy narrators narrate a single hadith from Umar (may Allah be pleased with him), and we take part of it and leave part of it?

Al-Sha'bi narrates from Masruq, or he said: I think it is from Masruq, that he said: Had Sayyiduna Umar (may Allah be pleased with him) not given the missing husband the choice between his wife and the dowry, I would have held that he has more right to her when he comes back.
Imam al-Shafi'i (may Allah have mercy on him) said that Sayyiduna Ali bin Abi Talib (may Allah be pleased with him) said: The wife of the missing husband is a woman who has been put to trial; let her be patient and not marry until certain news of his death reaches her. Imam al-Shafi'i (may Allah have mercy on him) said: This is what we hold.
Imam al-Bayhaqi (may Allah have mercy on him) said: Qatadah narrated it from Khilas bin Amr and from Abu al-Malih, from Sayyiduna Ali (may Allah be pleased with him), that he said: When her first husband comes, he is given the choice between the latter dowry and his wife.
The narration of Khilas from Sayyiduna Ali (may Allah be pleased with him) is weak, and Abu al-Malih did not hear it from Sayyiduna Ali (may Allah be pleased with him).

Yahya bin Abi Talib narrated, saying that Abu Nasr Abd al-Wahhab bin Ata' said: I asked Sa'id about the missing husband, and he informed us from Qatadah that Abu al-Malih al-Hudhali said: Al-Hakam bin Ayyub sent me to Suhaymah bint Umayr al-Shaybaniyyah to ask her, and she narrated to me that the death of her husband, Sayfi bin Qatil, was announced to her from Qandabil. After him she married al-Abbas bin Tarif al-Qaysi; then her first husband came back. We went to Uthman bin Affan (may Allah be pleased with him) while he was under siege. He looked down at us and said: How can I judge between you while I am in this state? We said: We are content with your word. So he judged that the first husband should be given the choice between the dowry and his wife. Then Uthman (may Allah be pleased with him) was killed, and we went to Ali (may Allah be pleased with him), and he judged as Uthman (may Allah be pleased with him) had said. She said: The first husband was given the choice between his wife and the dowry, and he chose the dowry. He took two thousand from me and two thousand from my husband, and that was the dowry he had fixed for the woman. He said: He also had an umm walad who had married after him and had borne children to her husband; so he returned her and her children to him, and gave their father the right to ransom them. Abd al-Wahhab said: Sa'id said: Ayyub narrated to us from Abu al-Malih the like of this hadith, except that Ayyub said: He assigned her children to their father. He said: Qatadah used to say: He takes the latter dowry; and from Qatadah, from al-Hasan, that he said: He takes the first dowry.
This woman is not known by anything through which this narration of hers could be established. And if it is established, it weakens the mursal narration of Abu al-Malih from Ali (may Allah be pleased with him) about the missing husband, because this narration shows that it concerned a woman whose husband's death had been announced to her. What is well known from Ali (may Allah be pleased with him) is what we mentioned earlier. And Allah knows best.