the tongue; therefore, the difference in it has no effect, just as if one of them testified that he admitted to accusing her on Thursday in Arabic, and the other testified that he admitted to accusing her on Friday in a non-Arabic language. The other [perspective] is that the testimony is not completed. This is the school of al-Shafi'i; because they are two accusations, and the testimony has not been completed regarding either one of them, so it is not established, just as if one of them testified that he married her on Thursday, and the other testified that he married her on Friday. It differs from admission of the accusation, because it is possible that the one who admitted is the same person, and he admitted to it at two times in two languages.

1329 - Issue: He said: (Whenever they perform li'an and the ruler separates them, they shall never reunite).

There are two issues in this matter:

One of them: That the separation between the two who performed li'an does not occur except by their performing li'an together. As for whether the separation by the ruler between them is considered, there are two narrations: One of them is that it is considered, so the separation does not occur until the ruler separates them. This is the apparent view of al-Khiraqi and the position of the Scholars of Opinion (ashab al-ra'y), because of what Ibn Abbas said in his hadith: "Then the Messenger of Allah - may Allah bless him and grant him peace - separated them." This implies that the separation did not occur before it. In the hadith of Uwaymir, he said: "I have lied against her, O Messenger of Allah, if I keep her." So he divorced her three times before the Messenger of Allah - may Allah bless him and grant him peace - ordered him. This implies the possibility of keeping her, and that his divorce took effect. If the separation had occurred before that, his divorce would not have taken effect, nor would it have been possible for him to keep her. Also, because the cause of this separation depends on the ruler, so the separation related to it does not occur except by the judgment of the ruler, like the separation due to impotence (unnah).