What is the ruling when two men swear by divorce based on the identity of a flying bird (one swearing it is a crow, the other that it is a pigeon) and the bird flies away without identification?

Chapter on Divorce by Calculation

Al-Mughni

Book of Divorce

Book 39 · Issue 1 · Bab 3

Open in Qurani

Primary text

Neither man is judged to have committed divorce (hith). This is because the certainty of the marriage contract remains established, while the occurrence of divorce is doubtful. If a wife of one of them claims he divorced her, her statement is accepted because the presumption (al-asl) is in her favor, and certainty lies on her side.