if she is his wife, and likewise the slave from a free woman and a slave woman if she is his wife, and likewise the Muslim from a Jewess or a Christian woman. There is another narration from Ahmad: Li'an is not valid except from two spouses who are Muslim, just, free, and have not been punished for slander. This is narrated from al-Zuhri, al-Thawri, al-Awza'i, Hammad, and the scholars of opinion (Ashab al-Ra'y). From Makhul: There is no Li'an between a Muslim and a dhimmi (protected non-Muslim) woman. From 'Ata' and al-Nakha'i regarding the one punished for slander: He is to be struck with the hadd (punishment) and does not perform Li'an. A hadith is narrated regarding this, but it is not established. Similarly(4) said al-Shafi'i and al-Saji(5). Furthermore(6), Li'an is a testimony, based on His saying, the Exalted: {And they have no witnesses except themselves}(7), so He excluded themselves from the witnesses. And He, the Most High, said: {The testimony of one of them is four testimonies by Allah}(7). Therefore, it is not accepted from one who is not of those eligible to give testimony. And if the woman is among those for whose slander the hadd punishment is not applicable, Li'an is not obligatory, because it is intended to avert the hadd punishment, based on the evidence of His saying, the Most High: {And it will prevent the punishment from her that she bears witness four times by Allah}(8). Since there is no hadd punishment here, Li'an is negated due to its [the hadd's] absence. The Qadi mentioned in "al-Mujarrad" that for the one for whom the hadd punishment is not mandatory for slandering—who are the slave woman, the dhimmi woman, and the woman previously punished for adultery—her husband may perform Li'an with her specifically to negate the child, but he may not perform Li'an with her to avert the slander or the ta'zir (discretionary punishment), because the hadd is not mandatory, and Li'an is only legislated to avert a hadd or to negate a child. So if neither of these two exists, Li'an is not legislated. Our evidence is the generality of His saying, the Most High: {And those who accuse their wives}(7), and the verse, and because Li'an is an oath, so it does not require what they stipulated, like all other oaths. Evidence that it is an oath is the saying of the Prophet (peace and blessings of Allah be upon him): "Were it not for the oaths, I would have had a different matter concerning her."(9)