Whose statement is accepted when the husband claims reconciliation and the wife immediately counters that her iddah ended before the reconciliation?
General Chapter
Al-Mughni
Book of Reconciliation (Return During 'Iddah)
Primary text
When the husband claims reconciliation first, and the wife asserts that her iddah ended prior to his reconciliation, the ruling accepted by Al-Qadi (the judge) is that the husband's statement is accepted, based on the prior reasoning. This is considered one view among the companions of Al-Shafi'i.
Supporting text
Another view among the companions of Al-Shafi'i holds that the wife's statement is accepted regardless of who spoke first. This is based on the principle that the default state is separation (baynunah) and the absence of reconciliation, thus the presumption favors the wife. Furthermore, one whose statement is accepted previously should have their statement accepted even when preceding the other party, similar to other cases where a person's word is accepted. A third view among them suggests the husband's statement is accepted in all circumstances, drawing an analogy to cases where the husband denies consummation against the wife's claim, but this third view is deemed invalid because the cause for separation has been established unless removed.