In which matters concerning the termination of the waiting period (Iddah) should a husband's claim against his wife be accepted?
General Chapter
Al-Mughni
Book of Marriage
Primary text
If a husband claims his wife informed him of the end of her Iddah during a period when termination is permissible, and she denies it, the husband's statement is accepted regarding matters between him and God, specifically permitting him to marry her sister and four others besides her in outward legal effect. This acceptance is because his statement concerns a right pertaining solely to himself. This view is held by Al-Shafi'i and others. The justification rests on the principle that a single statement containing both the nullification of another's right and the establishment of his own right without harm to the other party must be partially accepted, analogous to confirming freedom but denying the right to reclaim the purchase price when admitting a prior manumission.
Supporting text
Zafar holds that the husband's claim is not accepted in any matter, arguing that since a single statement cannot be simultaneously true and false, it cannot be partially accepted or rejected; one part cannot validate while the other invalidates. Furthermore, if the husband admitted that his wife was his foster-sister before consummation, he is believed regarding the dissolution of the marriage and prohibition, but not regarding the forfeiture of her dower (mahr).