or "I swear," or "I pledge," it is not considered valid. Abu al-Khattab said: There is another view that it is considered valid, because he has brought the meaning, similar to if he replaced "I am among the truthful" with his saying, "She has indeed committed adultery." Al-Shafi'i has two views on this. The correct view is that it is not valid, because that for which the wording of testimony is considered, nothing else can stand in its place, just as with testimonies in matters of rights. Furthermore, in lian, emphasis is intended, and considering the wording of testimony is more emphatic; therefore, it is not permissible to abandon it. For this reason, it is not permissible for him to swear by Allah without a word that stands in the place of "I testify." The second [view] is that it is considered valid, because he has brought the meaning, similar to what came before it. Al-Shafi'i has two views like these two. If he replaces the word "curse" with "banishment," it is not permissible, because the word "curse" is more emphatic in deterring and more severe in people's souls, and because he has deviated from the text. It has been said: It is permissible, because their meaning is one and the same. If the woman replaces the word "wrath" with "curse," it is not permissible, because wrath is more severe, and for this reason the woman is specifically associated with it; for the woman who is shamed for her adultery is in a worse state, and her sin for the act of adultery is greater than his sin for the accusation (qadhf). If she replaces it with "displeasure" (sakhat), it is deduced based on the two views regarding when the man replaces the word "curse" with "banishment." If the man replaces the word "curse" with "wrath," it is possible that it is permissible, because it is more emphatic; and it is possible that it is not permissible, due to his deviation from the text. The Wazir Yahya ibn Muhammad ibn Hubayra, may Allah the Exalted have mercy on him, said: Some jurists have stipulated that one must add after his saying "among the truthful": "regarding what I have accused her of regarding adultery." And they stipulated regarding her negating it from herself: "regarding what he has accused me of regarding adultery." I do not see that there is any need for that, because Allah, the Glorified, revealed this and clarified it, and He did not mention this stipulation. As for the admonition of the Imam
(26) Omitted from: The original. (27) Omitted from: (M). (28) In (M): "for the accusation". (29) In (A) and (M): "two views". (30) In (B) and (M): "the word". (31) In the original: "due to the contradiction of". (32) Yahya ibn Muhammad ibn Hubayra al-Shaybani al-Hanbali, the Wazir of al-Muqtafi and his son; his gatherings were filled with scholars and jurists. He authored works and died a martyr, poisoned, in the year 560 AH. See: al-'Ibar 4/172-173, Dhayl Tabaqat al-Hanabila 1/251-289.
