‘You are my partner in it.’ A hadd punishment is not mandatory when there is uncertainty, and the falling away of the hadd from the man due to the manifest nature of her confirmation does not necessitate its obligation upon her while uncertainty exists, for the hadd is averted by ambiguities and is not made mandatory by them. If he says, ‘O adulteress,’ and she replies, ‘You are more adulterous than I am,’ Abu Bakr holds the same view regarding it as the one before it: there is no hadd upon the husband due to her confirmation of him, nor upon the woman for the reasons we mentioned regarding the preceding case. Al-Shafi’i, Abu Thawr, and the Ahl al-Ra’y hold that her statement is not an accusation of adultery (qadhf). Al-Shafi’i said: ‘Unless she intends by it an accusation of adultery; because it is possible that she intends that he had intercourse with me while he was my husband, and if that is the case, it is more extreme than my own act.’ The Qadi said: ‘There is a hadd upon her for her accusation, but no hadd upon him due to her confirmation of him. She has explicitly accused him of adultery, so the hadd is mandatory upon her, just as if she had said, “You are an adulterer.” Uncertainty, when accompanied by an explicit accusation, does not prevent the hadd, just as if she had said, “You are an adulterer.”’ However, if he says, ‘O adulteress,’ and she replies, ‘Rather, you are an adulterer,’ then each of them is an accuser of the other, and upon each is the hadd for qadhf, except that the woman does not possess the right to remit her hadd except by evidence, while the husband possesses the right to remit his through evidence or li’an.