The ruling when spouses disagree whether talaq was given before or after consummation

Question

Question: If the spouses disagree — the wife says that talaq was given to her after consummation (ba‘d al-dukhul), and the husband says it was given before consummation (qabl al-dukhul) — whose word will be accepted?

Answer

The wife’s word will be accepted: [ar]وفي القنية: افترقا، فقالت: افترقنا بعد الدخول، وقال الزوج: قبل الدخول، فالقول قولها؛ لأنها تنكر سقوط نصف المهر[/ar] “In al-Qunya: they separated, and she said, ‘We separated after consummation,’ while the husband said, ‘Before consummation’; then her word is accepted, because she denies the lapse of half the mahr” (al-Bahr, vol. 3, p. 142).

Source: Fatawa Mahmudiyya

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