Does Rafi'ah's hadith contradict the hadith: (The proof is on the claimant, and the oath is on the one who denies)?
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The questioner : ... Does it not contradict his saying (peace and blessings be upon him): Bulugh al-Maram 1423?
Another questioner: The one who denies ... did not take the oath.
The Shaykh : The issue is that the Messenger (peace and blessings be upon him) descended from the apparent ruling to a matter that does not require dispute, which is that she is not lawful for the first husband until the second one has intercourse with her. So it is as if he is saying: if you see that his intercourse is impossible, then your return is impossible, and here the dispute ends. Yes, if it were assumed that he did have intercourse and you wanted to return to Rafi'ah, then there would be a dispute at that time. Yes.
The reader: Abu Ma'mar narrated to us, saying: 'Abd al-Warith narrated to us, from al-Husayn ...
But the proof (Bayyinah) lies on the one who is making the claim, and the other (Yamin) must be taken by the one who rejects the claim.
البيّنة على المدعي و اليمين على من أنكرAnother questioner: The one who denies ... did not take the oath.
The Shaykh : The issue is that the Messenger (peace and blessings be upon him) descended from the apparent ruling to a matter that does not require dispute, which is that she is not lawful for the first husband until the second one has intercourse with her. So it is as if he is saying: if you see that his intercourse is impossible, then your return is impossible, and here the dispute ends. Yes, if it were assumed that he did have intercourse and you wanted to return to Rafi'ah, then there would be a dispute at that time. Yes.
The reader: Abu Ma'mar narrated to us, saying: 'Abd al-Warith narrated to us, from al-Husayn ...