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Al-Mughni by Ibn Qudama - Edited by Al-Turki
Volume 11 · Page 145

Translation · EN

The second narration is that the separation occurs by the mere act of their li'an. This is the chosen view of Abu Bakr, and the position of Malik, Abu Ubayd, Abu Thawr, Dawud, Zufar, and Ibn al-Mundhir. It has also been narrated from Ibn Abbas; this is due to what was narrated from Umar, may Allah be pleased with him, that he said: "The two who perform li'an are to be separated, and they shall never reunite." Reported by Sa'id. It is also because it is a matter that necessitates a permanent prohibition, so it does not depend on the ruler's judgment, like nursing (rada'ah). Furthermore, if the separation did not occur except through the ruler's decree, it would be permissible to abandon the separation if they both disliked it, just as in the case of separation due to defects or insolvency. It would also follow that if the ruler did not separate them, the marriage would continue to exist, whereas the statement of the Prophet - may Allah bless him and grant him peace - "You have no way [to claim] her" indicates this. His separating them is a means of informing them that the separation has occurred. According to both narrations, the separation does not occur before the completion of the li'an by both of them. Al-Shafi'i, may Allah have mercy on him, said: The separation occurs through the li'an of the husband alone, even if the woman does not perform li'an; because it is a separation resulting from speech, so it occurs through the speech of the husband alone, like divorce. We do not know of anyone who agreed with al-Shafi'i on this view. It was narrated from al-Batti that no separation is attached to li'an; because it was narrated that when al-Ajlani performed li'an, his wife divorced him three times, and the Messenger of Allah - may Allah bless him and grant him peace - permitted it. If the separation had occurred, his divorce would not have been valid. Both these views are incorrect; because the Prophet - may Allah bless him and grant him peace - separated the two who performed li'an. It was narrated by Abdullah ibn Umar and Sahl ibn Sa'd, and Muslim recorded both of them. Sahl said: "It then became a Sunnah for those who came after them, that one should separate the two who perform li'an."

Notes

(5) In A, B, and M, there is an addition: "from him". (6) In: Chapter on what is mentioned regarding li'an, from the Book of Divorce. Sunan 1/360. Also recorded by al-Bayhaqi, in: Chapter on what happens after the husband's li'an..., from the Book of Li'an. Al-Sunan al-Kubra 7/410. (7) In A: "by defect". (8) In A, B, and M: "and insolvency". (9) Its documentation was mentioned previously in: 8/373. (10) In the original: "husul". (11) Recorded by Abu Dawud, in: Chapter on li'an, from the Book of Divorce. Sunan Abi Dawud 1/521. (12) Its documentation was mentioned previously in: 10/330. (13) In the original: "min".

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