How are conflicting claims resolved regarding who caused the 'Ifda' or who had intercourse with the female slave?

General Chapter

Al-Mughni

Book of Mukātaba (Contractual Manumission)

Book 68 · Issue 3 · Bab 1

Open in Qurani

Primary text

If each man claims that the other was the one who caused the *Ifda* or had intercourse, each man must take an oath, and upon swearing, he is cleared. If one refuses to swear (*nakul*), the judgment is rendered against him.

Supporting text

If the dispute concerns the time before her incapacity arose, and she claims against one of them, the statement of that man, supported by his oath, is accepted. If she claims against an unspecified one of them, the claim is not heard.