What occurs if only the second husband confesses to the reconciliation while the woman denies it?
General Chapter
Al-Mughni
Book of Reconciliation (Return During 'Iddah)
Primary text
If only the second husband confesses, he admits the invalidity of his marriage, so it is voided, and he owes her the full dower if intercourse occurred, or half if it occurred before intercourse. This is because his confession cannot be accepted against the woman to forfeit her right, nor is the woman handed over to the claimant because the second husband's word is not accepted against her. The ruling is binding upon him, and the decisive statement lies with the woman. There are two differing views on whether she must swear an oath in this situation. The sounder view is that she is not compelled to swear because if she had confessed, her confession would not have been accepted against the husband, so her denial does not necessitate an oath.
Supporting text
There are two views on whether the husband is compelled to swear. One view, chosen by Al-Qadi, is that he is not sworn because the claim pertains to the marriage contract, not a financial matter requiring an oath, similar to when a husband claims a marriage and the wife denies it. The second view is that he must swear, as stated by Al-Qadi, following Al-Kharqi, based on the generality of the Prophet's saying: 'But the oath belongs to the defendant.' Furthermore, it is a claim concerning a human right, so an oath should be required, like in monetary matters. If he swears, his oath relates to a negation of knowledge, as he is denying the action of another. If his marriage ends through divorce, annulment, or death, she is returned to the first husband without a new contract, because the impediment to her return was the right of the second husband; once that right ceases, the impediment is removed, and she is judged his wife, similar to when a witness testifies that a slave is free, and then the master buys him, whereupon he becomes free.