If the Muuli had intercourse before the Ila' period ended, divorced the non-consummated wife, and wishes to take her back, whose statement is accepted regarding the prior intercourse?

General Chapter

Al-Mughni

Book of the Oath of Abstention (Ila')

Book 41 · Issue 8 · Bab 1

Open in Qurani

Primary text

If the wife was not previously consummated and the husband claimed intercourse, but she denied it, then he divorced her and wishes to take her back, the wife's statement is accepted. This means his statement regarding the physical act in the context of Ila' is accepted to establish the circumstances of the oath, but it is not accepted to establish his right to take her back (Raj'ah).