he is among the truthful in what he accused me of regarding adultery.

In this issue, there are two matters:

The first: That the lian (imprecation) is not valid except in the presence of the judge (hakim) or his representative. This is the school of al-Shafi'i, because the Prophet (peace and blessings of Allah be upon him) ordered Hilal ibn Umayya to summon his wife to him, and he invoked lian between them. Also, because it is either an oath or a testimony, and whichever it is, the judge is a condition for it. If the two spouses agree to perform the lian between themselves without the judge, it is not valid, because lian is based on severity and confirmation, so it is not permitted without the judge, like the hadd (prescribed punishment). It makes no difference whether the spouses are free or enslaved, according to the apparent statement of al-Khiraqi. The followers of al-Shafi'i said: The master may invoke lian between his male slave and his female slave, because he has the right to establish the hadd upon them. Our position is that it is a lian between two spouses, so it is not permitted for anyone other than the judge or his deputy, just as the lian between two free people. We do not concede that the master possesses the authority to establish the hadd upon his married slave girl. Furthermore, the lian does not resemble the hadd, because the hadd is a deterrent and disciplinary, whereas the lian is either a testimony or an oath; thus, they are distinct. Moreover, the lian serves to both avert the hadd and necessitate it, so it functions in the manner of establishing evidence for adultery and ruling based upon it or by negating it. If the woman is shy and does not appear for her needs, the judge shall send his deputy and send trustworthy men with him so that they may perform the lian between them; and if he sends his deputy alone, it is permissible, because the gathering [of witnesses] is not mandatory.

Section: It is recommended that the lian be in the presence of a group of Muslims, because Ibn Abbas, Ibn Umar, and Sahl ibn Sa'd were present [at one] despite their young age, which indicates that a large group was present, for children only attend gatherings as followers of men. Also, because lian is built upon severity, as an exaggeration in deterrence and restraint, and performing it in a group is more effective in that regard. It is recommended that they not be fewer than four, because the evidence for adultery, for which the lian was legislated on account of the accusation, is four, though none of this is mandatory.