She did not commit adultery. And if he says: 'She was impregnated by mistake (shubha), and the child belongs to the one who had intercourse with her,' then there is no hadd punishment upon him either, because he has not accused her of adultery, nor has he accused her partner. And if he says: 'She was forced into adultery,' then there is no hadd either, because he has not accused her of adultery, and there is no li'an (imprecation) in these instances because he has not accused her, and accusation is a condition for li'an, and the child's lineage is established as his. Abu Hanifa holds this view. The Qadi (judge) mentioned that in this latter scenario, there is another report stating that he may perform li'an, because he is in need of denying the child, unlike when he says: 'She was impregnated by mistake.' For it is possible to deny the lineage by presenting the child to the qafa (experts in physical resemblance), so he is independent of the need for li'an, and thus it is not legislated, just as li'an is not legislated for his slave-woman when it is possible to deny the lineage of her child by claiming istibra' (seeking to establish the innocence of the womb). This is the school of al-Shafi'i. We hold that the Lawgiver only legislated li'an after an accusation of adultery, based on the words of the Almighty: "And those who accuse their wives and have no witnesses except themselves..." (Surah al-Nur: 6). When the Prophet, peace and blessings be upon him, enacted li'an between Hilal and his wife, it was after his accusation of her, and similarly, when he enacted it between Uwaymir al-'Ajlani and his wife, it was after his accusation of her. The ruling is not established except in such cases. Furthermore, the denial of the li'an is intended to negate the child completely from both of them, and li'an by the woman is not realized in this situation. As for if he says: "So-and-so had intercourse with you by mistake, and you are aware of the situation," he has indeed accused her, and he may perform li'an against her and negate the lineage of her child. The Qadi said: He does not have the right to deny the child through li'an. The companions of al-Shafi'i said the same, because it is possible for him to negate the lineage by presenting the child to the qafa, so it resembles the case where he says: "It is also doubtful to you." We hold that he is an accuser of his wife, so he falls under the general scope of the Almighty's words: "And those who accuse their wives." Also, because he is an accuser of his wife regarding adultery, he possesses the right to perform li'an against her and negate her child, just as if he had said: "So-and-so committed adultery with you." What they mentioned is not valid; for there may not be any qafa available, or the man might not confess to what is attributed to him, or he may be absent or dead, and thus the child would not be negated.