died before the existence of that which would dissolve it, so it is existing at the time of death, which necessitates inheritance, and it is terminated by death; therefore, it is impossible for it to be terminated again. If the husband desires li'an, and she had not demanded the hadd during her lifetime, he is not permitted to perform li'an, regardless of whether there is a child he wishes to negate or not. Al-Shafi'i said: If there is a child he wishes to negate, he may perform li'an. This is based on a principle, which is that li'an only occurs between spouses, for the man's li'an alone does not establish a legal effect, whereas for them, it is the opposite. However, if she had demanded the hadd during her lifetime, her guardians take her place in demanding it; if it is demanded, he may cause it to lapse by performing li'an. This was mentioned by al-Qadi. Otherwise, he may not, because there is no need for it in the absence of a demand, as there is no hadd upon him. The companions of al-Shafi'i said: If the woman has an heir other than the husband, he may perform li'an to cause the hadd to lapse from himself; otherwise, he may not, due to the lack of need for it.

Section: If the person who was accused (maqdhuf) dies before demanding the hadd, it lapses, and his heirs do not have the right to demand it. The companions of al-Shafi'i said: It is inherited, even if he had not demanded it, based on the saying of the Prophet (peace be upon him): "Whoever leaves behind a right, it is for his heirs." Also, because it is a right that was established for him during his lifetime, it is inherited if he demands it, so it is inherited even if he does not demand it, like the right of retaliation (qisas). We argue that it is a hadd for which the demand is considered; if the demand from the owner is not present, it does not become incumbent, like the hadd for cutting in theft. The hadith indicates that a left-behind right is inherited, and this is not "left-behind." As for the right of retaliation, it is a right for which substitution (i'tiyad) is permissible, and it transfers to wealth, unlike what we are discussing. As for if he demands it and then dies, it is inherited by the agnatic heirs (al-'asabat) by lineage to the exclusion of others, because it is a right established for repelling disgrace, so the agnates are exclusive to it, like the guardianship of marriage. This is one of the positions held by the companions of al-Shafi'i. Once it is established for the agnates, they have the right to execute it. If one of them demands it alone, he may execute it. If some of them pardon, it does not lapse, and the remaining ones may execute it. If one remains, he has the right to execute all of it, because it is a right desired for deterrence and restraint, so it does not become partitioned, like other hadd punishments, and it does not lapse by the pardon of some of them; because it is intended to repel disgrace from the accused, each of the agnates stands in his place in executing it, so all of it is established for him, like the guardianship of marriage, and it differs from the right of retaliation, because that [latter] right is lost in favor of a substitute, and if we were to cause it to lapse here, the right of the one who did not pardon would lapse without a substitute.