in regards to the knowledge of that [i.e., whether the dumbness is permanent or temporary] to the word of two just witnesses from the Muslim physicians. This is the view of some of the followers of Al-Shafi'i. Some of them mentioned that he performs Li'an in both states by sign, because Umama bint Abi al-'As was silenced, so it was said to her: "For so-and-so is such-and-such, and for so-and-so is such-and-such?" She indicated yes. Thus they viewed it as a bequest. This contains no evidence, because the narrator for this was not mentioned, nor is it known whether it is the statement of one whose statement constitutes evidence, nor is it known whether that was due to dumbness for which there is hope of cessation or not. Abu al-Khattab said regarding the one whose tongue is constricted and there is no hope for his speech: Does his Li'an by sign hold valid? [It is a matter] of two views.

Section: Every case in which there is no Li'an, the lineage is established, and the requisite of accusation, namely the hadd and ta'zir (discretionary punishment), is rendered obligatory, unless the accuser is a child or insane, in which case there is no lashing and no Li'an. This is what was said by Al-Thawri, Malik, Al-Shafi'i, Abu 'Ubayd, Abu Thawr, the People of Opinion, and Ibn al-Mundhir. He said: "I do not know of any disagreement from anyone else [regarding this]."

Second Section: There is no Li'an between other than spouses. Thus, if he accuses a chaste stranger, he is subjected to the hadd and is not subjected to Li'an. If she is not chaste, he is subjected to ta'zir and there is no Li'an either. There is no disagreement on this, for Allah the Almighty said: "And those who accuse chaste women and then do not bring four witnesses, lash them with eighty lashes." He then exempted wives from the generality of this verse with His saying, the Almighty and Exalted: "And those who accuse their wives." Thus, in what is other than them, it remains upon the premise of the generality. If he owns a slave woman, then accuses her, there is no Li'an, whether she was a bed for him [in terms of cohabitation] or not, and there is no hadd upon him for accusing her, but he is subjected to ta'zir. If she bears a child, we look: if he does not acknowledge cohabiting with her, the child’s lineage is not attributed to him, and he does not need to negate it. If he acknowledges cohabiting with her, she becomes a bed for him. When she bears a child within the duration of pregnancy from the day of cohabitation, it is attributed to him. Malik and Al-Shafi'i held this view. Al-Thawri and Abu Hanifa said: She does not become a bed for him until he acknowledges her child. If he acknowledges it, she becomes a bed for him, and her children after that are attributed to him; because if she...