1210 - Issue: He said: (If he is in seclusion with her after the contract, and he says: "I did not have intercourse with her," and she confirms his statement, their statement is not regarded. Their ruling is the ruling of [actual] consummation in all their matters, except for returning to a husband who has divorced her three times, or in the case of adultery, for they are both lashed and not stoned.)

The sum of this is that if a man is in seclusion with his wife after a valid contract, her dower becomes firmly established and her waiting period (iddah) becomes obligatory, even if he did not have intercourse with her. This has been narrated from the Rightly-Guided Caliphs, Zayd, and Ibn 'Umar. This is also the view of 'Ali ibn al-Husayn, 'Urwa, 'Ata', al-Zuhri, al-Awza'i, Ishaq, and the People of Opinion (Ashab al-Ra'y). This is the earlier of the two views of al-Shafi'i. Shurayh, al-Sha'bi, Tawus, Ibn Sirin, and al-Shafi'i in his later view said: It is not established except through intercourse. This was also reported from Ibn Mas'ud and Ibn 'Abbas. Something similar was narrated from Ahmad. Ya'qub ibn Bukhtan narrated from him that he said: If the woman confirms his claim that he did not have intercourse with her, he does not complete the dower for her, but the waiting period is upon her. This is due to the words of Allah the Almighty: {And if you divorce them before you have touched them and you have already specified a dower for them, then [give them] half of what you specified} (1). This [woman] has been divorced before he touched her. Allah the Almighty also said: {And how could you take it while you have already gone in unto one another} (2). "Going in" (ifda') here refers to sexual intercourse. [Also,] because she is a divorced woman who has not been touched, she resembles one with whom there has been no seclusion. Our evidence is the consensus of the Companions, may Allah be pleased with them. Imam Ahmad and al-Athram narrated, with their chains of narration, from Zurara ibn Awfa, who said: The Rightly-Guided, rightly-led Caliphs decreed that whoever closes a door or lowers a curtain, the dower has become obligatory, and the waiting period has become obligatory (3).