1194 - Issue: He said: "And if she is a deflowered woman (thayyib) and he claims that he has had intercourse with her, he shall be left alone with her in a house, and it shall be said to him: 'Discharge your fluid onto something.' If she claims that it is not semen, it shall be placed on fire; if it melts, it is semen, and her claim is invalidated. It has been narrated from Abu Abd Allah, may Allah have mercy on him, another narration that his word is accepted along with his oath."

The narration from Abu Abd Allah, may Allah have mercy on him, varies regarding this issue, and al-Khiraqi narrated two positions therein: One of them is that he shall be left alone with her, and it shall be said to him: "Discharge your fluid onto something." If he discharges it, his word is accepted, because an impotent man is too weak to ejaculate; thus, if he ejaculates, we recognize his truthfulness and judge accordingly. This is the school of 'Ata'. If she claims that it is not semen, it shall be placed on fire; if it melts, it is semen, because it is like egg whites. When egg white is placed on the fire, it solidifies and hardens, whereas this melts, and by this, one is distinguished from the other, and it is tested thereby. Based on this, whenever he is unable to discharge his fluid, the woman's word is accepted, because the apparent state supports her. The second narration is that the word is the man's, along with his oath. This is the view of al-Thawri, al-Shafi'i, Ishaq, the People of Opinion (Ashab al-Ra'y), and Ibn al-Mundhir, because this is a matter in which it is impossible to establish evidence, and his position is stronger, for in his claim is the validity of the contract and the soundness of himself from defects, and the default state is soundness. Therefore, his word is accepted, like the one who denies in other legal claims, and he is required to swear an oath as to the truth of what he said. This is the view of those we have named here, because his statement is potentially false, so we have strengthened his statement with his oath, as is the case in other legal claims where the party is required to swear an oath. Then, if...