required to observe a waiting period unless they are known to have been alone together. In that case, she must observe the waiting period, but the husband has no right to take her back during it, and neither spouse inherits from the other.
Section
If they disagree about whether intercourse occurred, and they are not known to have been alone together, then, if the woman alleges that her husband had intercourse with her and he denies it, he must swear an oath if her allegation is plausible. If he swears, he is absolved of liability for half the dower. If he refuses to swear, she swears and becomes entitled to the entire dower. She must then observe the waiting period, but the husband has no right to take her back. If the husband alleges that intercourse occurred and she denies it, his claim is not accepted so as to impose a waiting period on her or establish his right to take her back. He has, however, acknowledged that she is entitled to the entire dower: she may take all of it if she wishes, or only half. Sahnลซn said: โShe may not take the entire dower unless she first retracts her own statement and accepts the husbandโs account.โ If she retracts her statement and accepts the husbandโs account, she must observe the waiting period. Sahnลซnโs statement does not conflict with what is in al-Mudawwana: Ibn al-Qฤsim states the same in the Book of Pledges, as does Ashhab in this book.
Section
She may accept his account only so long as he maintains it. If he instead accepts her account before she accepts his, she has no claim to the remaining half. If she accepts his original account after he has accepted hers, he is not required to swear an oath. Likewise, she is not required to swear if he accepts her original account after she has accepted his; she takes the entire dower from him without an oath.
In sum, whichever of them first adopts the otherโs account is believed. If she is the first to adopt his account, she becomes entitled to the dower without an oath, whether he maintains his account or retracts it. If he is the first to adopt her account, he is relieved of liability for half the dower and need not swear an oath, whether she maintains her account or retracts it. It has also been said that she may take what he has acknowledged as her due even while she continues to deny that intercourse occurred. This is one of the two opinions expressed by Sahnลซn