the punishment from her, without any disagreement that we are aware of. Al-Shafi'i, Abu Thawr, and the Ahl al-Ra'y (the scholars of reasoning) hold this view. This is because retracting a confession regarding a hadd punishment is acceptable. He (the husband) does not have the right to perform li'an for the sake of the hadd, as it did not become mandatory upon her due to her confirming him. If he wishes to perform li'an against her for the purpose of disavowing lineage, the manifest view of al-Khiraqi is that he does not have that right in any of these scenarios. This is also the view of the Ahl al-Ra'y. Al-Shafi'i said: He has the right to perform li'an against her to disavow the lineage in all of these cases; because if she were chaste and righteous, and then she denied his accusation, he would possess the right to disavow her child, so if she is a transgressor and she confirms his accusation, he has a greater right to disavow her child. The reasoning for the first view is that the disavowal of a child only occurs through the li'an of both of them together, and the li'an from her has become impossible because she cannot be made to swear an oath regarding the denial of that which she has confessed to. Thus, the disavowal of the child becomes impossible due to the impossibility of its cause, just as if he had died after the accusation (qadhf) and before the li'an.
Section: If he says to his wife, "You are an adulteress," and she replies, "I committed adultery with you," there is no hadd upon her, nor upon him. The scholars of al-Shafi'i's school said: He is subject to the hadd for qadhf, because it is possible that by that statement, she meant to deny the adultery from herself, as is used in common parlance when someone says, "You stole," and the other replies, "I stole with you," meaning: I did not steal, because you did not steal. Our position is that she confirmed his accusation of her, so it is similar to the case where she says, "You spoke the truth." There is no hadd upon her, because the hadd for adultery is not established except through confession four times. There is also no hadd for qadhf upon her, because she did not accuse him; rather, she only confessed against herself regarding her adultery with him. It is possible for that to occur without him being an adulterer, such as if he thought she was his wife while she knew he was a stranger to her. Furthermore, it is possible that she intended to deny that (adultery) from both of them, as they have mentioned, or that she meant, "You have not had intercourse with anyone other than me," so if there is adultery...
(3) Omitted from the original. (4) In (B) and (M): "minhuma" (from both of them). (5) In (A), (B), and (M): "wa-li-annaha" (and because she). (6) In (A) and (M): "lakannaka" (but you). (7) In (A) and (M): "qala" (he said). (8) In (A) and (B): "bi-iqrar" (by confession). (9) In (B) and (M): "li-annaha" (because she). (10) In (A) and (M), there is an addition: "lam" (did not), which is an error.
