that she is married to the man, since she seeks the bridal gift or maintenance, then, according to the school, the husband is not required to swear an oath. But if he claims it, saying, “I am the husband of this woman,” and she says, “You are not my husband,” and they go before the judge, who asks the claimant to produce witnesses, but he brings no witnesses—must she then swear an oath? The answer is: no oath is required of her. The reason is that, if she refuses to swear, judgment cannot be issued against her on account of her refusal, because marriage requires testimony and a guardian. Therefore, no judgment is issued on the basis of refusal to swear. Rather, we say: “Either bring witnesses, O husband, or leave; we do not accept your claim.”
Second: divorce. Who is the claimant? Either of them may be. She may wish to free herself from him and thus claim that he divorced her; or he may wish to free himself from her and claim that he divorced her some time ago, seeking thereby to avoid paying maintenance. To whoever claims divorce, we say: “You must produce evidence.” If he does not produce evidence, must the other party swear an oath? The answer is that, if she claims that he divorced her, and he says, “I did not divorce you,” and she produces no evidence, we say to the husband: “The wife remains your wife.” If he claims that he divorced her, we say: “Bring witnesses.” If he has no witnesses, we do not require her to swear that he did not divorce her, because the original presumption is that the marriage remains in effect.
Third: resumption of marriage. Who is the claimant regarding resumption? It may be the husband, or it may be the wife. The husband may claim that he resumed the marriage with her, while she denies it. In this case, we say either that his statement is accepted or that it is not accepted; but if it is not accepted, then no oath is required, whether he is the claimant or she is the claimant.
Fourth: abstention from marital relations by oath. This is when a husband swears to refrain from intercourse with his wife. Thus, she says: “This man has sworn abstention from relations with me; grant him a period, which is four...”}assistant to=developer? no. ensure no Arabic.