Whose statement is accepted regarding consummation when the husband claims consummation and the wife denies it?

General Chapter

Al-Mughni

Book of Reconciliation (Return During 'Iddah)

Book 40 · Issue 1 · Bab 1

Open in Qurani

Primary text

When the husband asserts he has consummated the marriage and the wife denies it, the wife's statement is accepted regarding the permissibility of her marrying the first husband (i.e., that the first marriage is dissolved).

Supporting text

The husband's statement is accepted regarding the dower (*mahr*), and he is only obligated to pay half the dower if he does not admit to the *khalwa* (seclusion with the wife).