What is the ruling if the first husband claims he knows the second husband did not consummate the marriage?
General Chapter
Al-Mughni
Book of Reconciliation (Return During 'Iddah)
Primary text
If the first husband states, 'I know he did not consummate the marriage with her,' then he is not permitted to marry her because he is admitting to himself that she remains unlawful for him. This is the position of Al-Shafi'i. If he later retracts this denial and states, 'I know her statement is true,' he is considered truthful between himself and God because permissibility and prohibition are rights of God; thus, if he knows she is permissible for him, she is not forbidden to him due to his initial falsehood.
Supporting text
If the first husband states, 'I do not know that he consummated the marriage with her,' this statement does not render her unlawful for him, because what is considered in determining her permissibility is a strong belief in the truthfulness of the information, not actual certainty.