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Al-Mughni by Ibn Qudama - Edited by Al-Turki
Volume 10 · Page 911193 - Issue: He said: (If he claims he reached her, and she claims she is still a virgin, she is examined by trustworthy women. If they testify to what she said, he is given a one-year respite)

Translation · EN

1193 - Issue: He said: "And if he claims that he has had intercourse with her, while she claims that she is a virgin, she shall be presented to trusted women. If they testify to what she says, he is granted a delay of one year."

The summary of this is that if a woman claims her husband is impotent, while he claims he has had intercourse with her and she says, "I am a virgin," she shall be presented to women. If they testify to her virginity, her word is accepted, and he is granted a delay [of one year]. This is the opinion of al-Thawri, al-Shafi'i, Ishaq, and the People of Opinion (Ashab al-Ra'y). This is so because intercourse removes her virginity, so its existence indicates that no intercourse has occurred. If he claims that her virginity returned after intercourse, her word is accepted because this is highly unlikely, even if it is theoretically possible. Is the woman required to take an oath? There are two possibilities: First, she is required to take an oath to remove this possibility, just as anyone else is whose word we have said is accepted. Second, she is not required to take an oath because what is highly unlikely deserves no attention, just like the possibility of a just witness lying or a person making an admission lying. Is the testimony of a single woman accepted? There are two narrations [on this]. This [ruling] which al-Khiraqi mentioned applies if they disagree at the beginning of the matter before the time limit is set. If they disagree about that after the period has been set and the women testify to her virginity, the period does not cease. If it is after the expiration of the period, its ruling is the ruling of one who admits he has not had intercourse with her. In every case where women testify to the removal of her virginity, his word is accepted, and her claim is invalidated because her falsehood has become clear. If she claims that her virginity was removed for another reason, his word is accepted, because the default state is the absence of such causes.

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."

Notes

(1) In [MS] M: "shahidat" (she testified). (2) In the original: "lil-nisa'" (to the women). (3) In [MS] A, B, and M: "kanat" (was). (4) In [MS] B and M: "li-ihtimal" (for the possibility). (5) In [MS] M: "ka-hukm" (like the ruling). (6) In the original: "bi-annahu" (that he). (7) In the original and [MS] A: "wa-saqata" (and fell). In [MS] B: "fa-saqata" (so it fell).

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