Ruling on a husband denying intercourse with his wife after her divorce
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Question: From 'Abd al-'Aziz ibn 'Abd Allah ibn Baz, to the honorable brother, the esteemed Shaykh, the head of the Court of Guarantees and Marriages in Riyadh, may Allah grant him understanding in all good, amen.
Peace be upon you, and Allah's mercy and blessings. As for what follows:
Your esteemed letter, number 1284, dated 12/9/1395 AH, has reached me, may Allah guide you. It contained the question: about a woman who came to your eminence, stating that she was divorced by three from her husband, and that she subsequently married S. 'A. 'A., who consummated the marriage with her. When your eminence brought the aforementioned husband and asked him, he admitted to the marriage and to her moving with him to his home, and to their living next to him for two months. However, he denied having intercourse with her, claiming that she did not allow him to do so, despite his being capable of intercourse. You requested information on what we consider to be known.
And the answer: The author of *al-Mughni* and *al-Sharh al-Kabir* mentioned in volume eight of the aforementioned books, page 501, that a woman’s word is accepted in this matter, and she becomes lawful for her first husband as long as he does not lie about her. They stated that this is the position of al-Shafi'i (may Allah have mercy on him), and they did not report a disagreement from anyone else.
This is clear; because the apparent truth is with her, and he is suspected in his denial of intercourse; because she did not treat him well—according to his claim—so he is suspected of intending to prevent her from her first husband. Also, the apparent reality is that he had intercourse with her; because the norm for husbands, when they are alone with a woman and are capable, is that intercourse occurs. Therefore, his denial is contrary to the apparent truth. Furthermore, this is known only through their testimony, and she has admitted to it, and there is nothing to refute her admission; so her testimony must be accepted, as long as her first husband does not lie about her. And Allah, Glorified and Exalted is He, knows best.
And I ask Allah to grant everyone understanding in the religion and steadfastness upon it; He is the best of those asked.
Peace be upon you, and Allah's mercy and blessings. As for what follows:
Your esteemed letter, number 1284, dated 12/9/1395 AH, has reached me, may Allah guide you. It contained the question: about a woman who came to your eminence, stating that she was divorced by three from her husband, and that she subsequently married S. 'A. 'A., who consummated the marriage with her. When your eminence brought the aforementioned husband and asked him, he admitted to the marriage and to her moving with him to his home, and to their living next to him for two months. However, he denied having intercourse with her, claiming that she did not allow him to do so, despite his being capable of intercourse. You requested information on what we consider to be known.
And the answer: The author of *al-Mughni* and *al-Sharh al-Kabir* mentioned in volume eight of the aforementioned books, page 501, that a woman’s word is accepted in this matter, and she becomes lawful for her first husband as long as he does not lie about her. They stated that this is the position of al-Shafi'i (may Allah have mercy on him), and they did not report a disagreement from anyone else.
This is clear; because the apparent truth is with her, and he is suspected in his denial of intercourse; because she did not treat him well—according to his claim—so he is suspected of intending to prevent her from her first husband. Also, the apparent reality is that he had intercourse with her; because the norm for husbands, when they are alone with a woman and are capable, is that intercourse occurs. Therefore, his denial is contrary to the apparent truth. Furthermore, this is known only through their testimony, and she has admitted to it, and there is nothing to refute her admission; so her testimony must be accepted, as long as her first husband does not lie about her. And Allah, Glorified and Exalted is He, knows best.
And I ask Allah to grant everyone understanding in the religion and steadfastness upon it; He is the best of those asked.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.