the other from someone else, yet they are a single pregnancy. Since it is not permissible to negate the acknowledged child from him [despite his acknowledgement of it] (44), it is mandatory to attribute both of them to him. Likewise, if his slave girl, whom he did not acknowledge having cohabited with, gives birth to twins, and he acknowledges one of them and negates the other.

Section: If he marries a woman with an invalid (fasid) marriage, then accuses her of adultery, and there is a child between them whom he wishes to negate, he may perform li'an to negate him, and no punishment (hadd) is imposed upon him. If there is no child between them, he is punished, and there is no li'an between them. This is the view of Al-Shafi'i. Abu Hanifa said: The child is attributed to him, and he has no right to negate him or perform li'an; because she is a foreign woman, so she resembles other foreign women, or when there is no child between them. Our evidence is that this is a child attributed to him by the ruling of the marriage contract, so he has the right to negate him, just as if the marriage were valid. It differs from the case where there is no child, as there is (45) no need for the accusation because she is a foreign woman. It also differs from other foreign women because their child is not attributed to him, so there is no need to accuse them. It also differs from a wife; for he needs to accuse her even in the absence of a child, because she betrayed him (46), angered him, and corrupted his bed. Thus, when he has a child from her, the need exists in both cases. When he performs li'an, the punishment is lifted, because it is a legislated li'an [that negates lineage] (47), so it removes the punishment, like the li'an in a valid marriage. Does it establish permanent prohibition? There are two opinions: one is that it does, because it is a valid li'an, resembling the li'an of a wife. The second is that it does not, because the separation did not occur by it, as there is no marriage between them to be severed by it, unlike the li'an of a wife, where separation occurred by it. If he performs li'an upon her without a child, it does not remove the punishment nor establish permanent prohibition, because it is an invalid li'an, so its rulings are not established. This is the case regardless of whether he believed the marriage was valid or did not believe so, because the marriage itself is not a valid marriage, so it resembles the case where he performs li'an upon a foreign woman he thinks is his wife.