is hers, because the presumption is that no taking back occurred. Thus, the two scenarios have the same meaning. However, the second issue differs from the established position of the school. According to the school, his statement is accepted, because when he says, “I had taken you back,” and she says, “My waiting period had ended,” she is the claimant: she is alleging that his taking her back was invalid, and so she must produce evidence. If she does not produce evidence, then he remains her husband, and his statement is accepted.

What they have mentioned—may Allah have mercy on them—undoubtedly appears, in outward form, to differ from the first scenario. Yet in meaning, no difference between them is apparent. Therefore, the correct view is that adopted by the author: the woman’s statement is accepted in both scenarios. For what difference is there between her coming to him and saying, “My waiting period has ended,” whereupon he says, “I had taken you back,” and his coming to her and saying, “I had taken you back,” whereupon she says, “My waiting period had ended before you took me back”? In reality, there is no difference between them, because the presumption is that no taking back occurred.