touch them, then there is no waiting period for you to count concerning them. So provide for them and release them graciously.” [al-Ahzab] This applies when there is only one claimant.

His statement, “and no two men claim her,” implies that if two men claim her, her acknowledgement is not accepted, because accepting her acknowledgement would invalidate the right of the second claimant. Thus, if two men each claim a woman as his wife—Zayd says, “She is my wife,” and Amr says, “She is my wife”—and they go before the judge and she acknowledges that she is Zayd’s wife, then, according to the school, her acknowledgement in Zayd’s favour is not accepted, because this would invalidate the right of the other claimant.

It is understood that this ruling applies where there is no evidence. If evidence is produced by one of them, then she is awarded to the one who produces the evidence. If each of them produces evidence that she is his wife, the dates are considered, and the one whose marriage came first is the husband. For this reason, it says in al-Rawd (1): “If they both produce evidence, the earlier of the two marriages is given precedence. If the date is unknown, then the statement of her guardian is accepted; and if the guardian’s knowledge is unknown, both marriages are annulled, and possession carries no preference.”

If two men claim this woman and neither has evidence, then, according to the author’s wording, her acknowledgement is not accepted. But if she acknowledges both of them, or acknowledges neither of them, then evidence is indispensable, as the author of al-Rawd stated. Do not find this matter surprising, for it may indeed occur. It is said that some women—may Allah protect us—marry while they already have a husband.

His statement, “If her guardian who has the authority to compel her marriage acknowledges the marriage, or the one whom she authorized does so, it is valid,” means that a claim is made that a woman is the wife of a certain man. It has already been mentioned that if she herself acknowledges this, her acknowledgement is accepted. If her guardian acknowledges it, then—according to the school—guardians are also of two types: one who has the authority to compel marriage, namely the father of a virgin; and one who does not have such authority, namely anyone other than him. Thus, if