How is the issue of whether the husband ejaculated (*Ikhraj al-ma'*) to be resolved when he claims to have done so?
Chapter on the Term for the Impotent and the Castrated who is not amputated
Al-Mughni
Book of Marriage
Primary text
There are conflicting narrations from Imam Ahmad regarding resolving the claim of ejaculation. One narration dictates that the husband is left alone with the wife, instructed to ejaculate onto something. If he does so, his word is accepted, as the impotent person is weak in ejaculation, and the presence of ejaculation confirms his truthfulness. If the substance is placed on fire and melts, it is confirmed to be semen; if it dissolves, it is not semen, thus confirming the wife's claim. In this narration, if he is unable to ejaculate, the wife's word is accepted because the apparent evidence is with her.
Supporting text
The second narration, held by al-Thawri, al-Shafi'i, Ishaq, the Companions of Opinion, and Ibn al-Mundhir, states that the husband's word is accepted along with his oath. This is because proving ejaculation is difficult, and the husband's position is stronger as he asserts the validity of the contract and his own soundness, and the default assumption is soundness. He must take an oath as is standard in claims where the defendant is required to swear. A third narration supports the wife's word if she swears, as the default is the absence of intercourse, which aligns with her claim.