Whose statement is accepted if a slave woman's husband claims he revoked the divorce during her waiting period ('Iddah), but she denies it while her master confirms it?

General Chapter

Al-Mughni

Book of Reconciliation (Return During 'Iddah)

Book 40 · Issue 1 · Bab 1

Open in Qurani

Primary text

When a slave woman denies her husband's claim that he revoked the divorce during her waiting period, and her master confirms the husband's claim, the statement accepted is that of the slave woman (denying the revocation). This view is held by Ahmad, Abu Hanifa, and Malik. The basis for this is that her statement regarding the termination of her waiting period is accepted, so her denial of the revocation is also accepted, similar to a free woman. Furthermore, this is a dispute between the couple regarding the establishment of marriage, making the woman the claimant against the husband, unlike the situation of consummation where the master's consent is involved. The master's statement is accepted regarding the marriage contract because he has the power to initiate it, but not regarding revocation.

Supporting text

Abu Yusuf and Muhammad hold that the husband's statement is accepted, and he has the right to her, because the master's admission regarding her marriage is accepted, so his admission regarding her revocation is also accepted, analogous to a free woman where her husband's declaration is accepted.