marital status; for it is impossible for adultery to occur from her after he divorced her. Thus, it is as if he said to her after her irrevocable separation: "You committed adultery when you were my wife," according to what we have established.

Third Section: Every accusation of one's wife requires li'an (imprecation), regardless of whether he says to her: "You committed adultery," or "I saw you committing adultery." It is the same whether the accuser is blind or sighted. Ahmad explicitly stated this. This is also the view of al-Thawri, al-Shafi'i, Abu 'Ubayd, and Abu Thawr. It is also the statement of 'Ata'. Yahya al-Ansari, Abu al-Zinad, and Malik said: Li'an only occurs under one of two circumstances: either by witnessing it or by denying the child's lineage, because the verse of li'an was revealed regarding Hilal ibn Umayyah, who said: "I saw with my eyes, and heard with my ears." Thus, li'an is not established except in such a case. Our argument is the saying of Allah, the Almighty: "And those who accuse their wives..." to the end of the verse. This person has accused his wife, so he enters into the generality of the verse. Furthermore, li'an is a means through which one is absolved from the consequences of the accusation (qadhf), so it is legislated for every person who accuses his wife, just like evidence. Taking the generality of the wording is more appropriate than the specificity of the cause; moreover, they did not act upon his statement "and heard with my ears." It is the same whether he accuses her of adultery in the front or the back. Al-Shafi'i held this view. Abu Hanifah said: Li'an is not established for an accusation of intercourse in the back. He based this on his principle that this does not require the hadd (prescribed punishment). Our argument is that he is a person who has accused his wife of intercourse in her private part, so it is similar to the case where he accuses her of intercourse in her front. As for if he accuses her of intercourse outside the private part, or of any other immoral acts besides adultery, there is no hadd upon him, nor is there li'an; because he accused her of something that does not necessitate the hadd, so neither the hadd nor li'an is established, just as if he had accused her of beating people and harming them (62).

Fourth Section: If he accuses his chaste wife, the hadd becomes mandatory upon him, his moral integrity (fisq) is declared, and his testimony is rejected (63), unless he brings evidence or performs li'an. If he does not bring four witnesses or refuses to perform li'an, all of that becomes binding upon him. Malik and al-Shafi'i held this view. Abu Hanifah said: It is mandatory...