The evidence of the absence of intercourse in the vagina regarding the denial of the child is stronger than the evidence of the child's difference in color from his parents. As for if one of these scenarios that we have mentioned is found along with adultery (zina), and it is possible that the child is his or from the adulterer—such as if she committed adultery during a period of purity in which he had intercourse with her, or she committed adultery and he did not isolate himself from her, but he was practicing coitus interruptus, or he was not having intercourse with her except outside the vagina—if the child resembled the adulterer and not him, he is obligated to deny him. This is because this, along with adultery, requires attributing the child to the adulterer, based on the evidence that the Prophet (peace and blessings of Allah be upon him) ruled the child of Hilal's wife to be for Sharik ibn Sahma' due to his resemblance to him, despite Hilal's li'an against her and his accusation against her. As for when his wife brings forth a child and he doubts him without having knowledge of her adultery, it is not permissible for him to accuse her (qadhf) or perform li'an, due to the previously mentioned hadith of al-Fazari. Likewise, if he knows of her adultery but does not know that the child is from the adulterer, and there is no evidence for it, it is not for him to deny him, because "the child is for the marriage bed, and for the adulterer is the stone (deprivation)."

Section: If his wife was compelled to commit adultery during a period of purity in which he did not have intercourse with her, and she brought forth a child who could possibly be from the one who had intercourse with her, he is from him, and the husband does not have the right to accuse her of adultery (qadhf); because this is not adultery on her part. The analogy (qiyas) of the school of thought is that he does not have the right to deny him, and the lineage is attached to him; because the denial of the child cannot be except through li'an, and a condition of li'an is the accusation (qadhf), and because li'an is not complete except by the wife's li'an, and li'an by the wife is not valid here because she does not deny the husband's claim regarding her being compelled to do that. This is the opinion of the proponents of Ra'y (ahl al-ra'y). Some of our companions mentioned that there are two narrations regarding this; one of them is that he has the right to deny him through li'an, because he is in need of denying him, so he has the right to deny him, just as if she had committed adultery willingly. This is the school of Shafi'i. This is only valid according to Shafi'i because he holds that the denial of the child is done by the husband's li'an alone. As for those who do not hold that, the denial by li'an is not valid according to them here. And Allah, the Most High, knows best.

1333 - Issue; he said: "And if he denies the pregnancy during his li'an, he is not disavowed from him (1) until he denies him at the time of her delivery, and performs li'an."