The hadd punishment is averted by doubts, and signs are not as explicit as speech, so they are not free from probability and hesitation, and thus the hadd punishment is not rendered obligatory by them, just as it is not rendered obligatory upon a stranger by his testimony. Al-Qadi and Abu al-Khattab said: He is like the one who speaks in terms of his accusation and his Li'an. This is the school of Al-Shafi'i; because his divorce is valid, so his accusation and his Li'an are valid, like the one who speaks. It differs from testimony because it is possible to obtain it from someone else, so the need did not call for the dumb person, whereas in Li'an it is not obtained except from him, so the need called for accepting it from him, like divorce. The first [view] is better, because the requisite of accusation is the obligation of the hadd, and it is averted by doubts, and the primary objective of Li'an is the negation of lineage, and it is established by possibility despite the appearance of its negation, so it should not be legislated that which negates it, nor that which necessitates the hadd with great doubt, and for that reason his testimony was not accepted. As for their saying that testimony is obtained from others, we say: It may not be obtained except from him, due to his exclusive visual observation of the matter testified to, or his hearing of it.

Section: If the dumb person accuses and performs Li'an, then regains his speech and denies the accusation and the Li'an, his denial of the accusation is not accepted because a right of another person has become attached to it by the ruling of the apparent, so his denial of it is not accepted. However, his denial of the Li'an regarding what is against him is accepted, so he is demanded to undergo the hadd, and the lineage is attributed to him, and the marital bond does not return. If he says, "I will perform Li'an for the hadd and the negation of lineage," he may do so, because it only became incumbent upon him by his admission that he did not perform Li'an, so if he wishes to perform Li'an, he may do so.

Section: If he accuses her while he is speaking, then becomes dumb and there is no hope for his speech to return, his ruling is the ruling of the original dumb person. If the return of his speech and the cessation of his dumbness is hoped for, he is to be awaited for that, and he is referred...