Whose testimony is accepted if the husband and wife disagree on whether the divorce was requested in exchange for a price?
General Chapter
Al-Mughni
Book of Khul' (Redemption Divorce)
Primary text
If the husband claims, 'You requested the divorce from me for the thousand,' and the wife denies it, the wife's statement is accepted because the default status is non-obligation. If she swears (to the denial), she is absolved of the compensation and the separation becomes final. Her statement is accepted regarding the finality of separation because it is his right (the divorce), but it is not accepted regarding the compensation because it is incumbent upon her. This is the position of Al-Shafi'i and Abu Hanifa.
Supporting text
If the husband claims, 'I did not initiate the divorce upon your request, but rather I initiated it independently, so you owe me the right of return (ruj'a),' and the wife claims it was in response to her request, the husband's statement is accepted because the default position supports him, and the thousand is not incumbent upon her because he is not claiming it as consideration for a *khul'*, but rather as a consequence of his retention of the right to revoke the divorce.