The ruling on ‘idda after an invalid seclusion (khalwa fasida)

Question

Question: A man married an adult woman who was a thayyib (that is, this woman had already been in a nikah once) and gave her talaq after a month or a month and a half. Now the man says that he had intercourse (wat’) with her, while the woman says: “There was no intercourse with me: I was on one bed and he on another bed, and the daughter of his first wife, a girl of about 10/11 years, was lying with me on my bed; for this reason he could not have intercourse, and he did not even talk with me.

Answer

When the spouses disagree about whether the opportunity for intercourse (tamkin) was given, then according to the Shari‘a the statement of the one who denies it is accepted. Hence, in the case asked about, the woman’s statement will be accepted: [ar]لَوِ اخْتَلَفَ الزَّوْجَانِ فِي التَّمْكِينِ مِنَ الْوَطْءِ فَالْقَوْلُ لِمُنْكِرِهِ[/ar] “If the spouses disagree about the…

Source: Fatawa Mahmudiyya

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