Assalamualaikum. If a woman received an irrevocable divorce from her husband, then they both wanted to get married again so she waited for three iddah and after then she told her situation to one of her male friends. Without any prior condition, they married with the intention to make her halal for first husband. Is the second marriage valid or not according to the Shafi Madhab?

Wa alaykum salam wa rahmatuLlahi wa barakatuHu,

Imam Shafi’i is clear that when an intention is made but nothing is expressed within the marriage contract to indicate to it being temporary, then it is a valid contract and she would thereby be lawful for her first husband to remarry. (Kitab al-Umm 5/85) If there is only an intention found, but nothing is stipulated in the contract, then it would be valid yet disliked even if they planned to marry for this purpose prior to effectuating the contract. (Tuhfat al-Muhtaj 7/312)

And Allah knows best.

Answered by Shaykh Yaqub Abdurrahman