What is the ruling if each man claims knowledge of the bird's identity and denies having sworn the oath (hith)?

Chapter on Divorce by Calculation

Al-Mughni

Book of Divorce

Book 39 · Issue 5 · Bab 3

Open in Qurani

Primary text

If each claims to know the state of affairs and denies having sworn the oath, the statements of 'Ata, Al-Sha'bi, Al-Zuhri, Al-Harith Al-'Ukkali, Al-Thawri, and Al-Shafi'i are followed: each man is believed in what he claims between himself and God. If both confess that they were the one who swore, then both their wives are divorced based on their self-confession.

Supporting text

If only one confesses to being the swearer, only his wife is divorced. If one man's wife claims he divorced her and he denies it, his statement is accepted. Whether he must swear an oath is subject to two narrations.